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Immigration Daily

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Immigration Daily April 20, 2005
Previous Issues
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Catch And Release

With the first signs of spring upon us, the term "catch and release" may conjure memories of fishing. Unfortunately, catch and release refers to ICE's immigration enforcement policy of "catching" and then "releasing" the undocumented back to the general public on the condition they appear for immigration proceedings, only to have the undocumented fail to show up at court. ICE has been saddled with enforcing immigration laws that do not work. The catch and release policy reflects ICE's best attempt to enforce immigration laws and distinguish between potential terrorists and dishwashers and gardeners who do not pose a threat to our nations' security. Already the ICE program has caught and released approximately 1 million undocumented. We implore Congress to step in and pass immigration laws that increase legal immigration. Only then can ICE have a real chance of doing its most important job: defending our nation's security.

We welcome readers to share their opinion and ideas with us by writing to


Curriculum For Family Immigration Seminar

The detailed curriculum for "Current Topics In Family Immigration" is as follows:

FIRST Phone Session on April 28th:

1. Ethics practice pointers during client intake & beyond
2. Child Status Protection Act strategies, issues and documentation
3. Child Citizenship Act - INA Section 322 - How to do it & what docs needed
4. Documentation for extreme hardship waivers of 3/10 yr bars & fraud 30/60 day rule and other grounds of inadmissibility
5. Marrying abroad vs. a fianc petition - advantages and disadvantages K-1, K-3 or consular process I-130?
6. When will consulates adjudicate I-130's?
7. Is there still humanitarian consideration where an I-130 is adjudicated and petitioner dies? Also, affidavit of support issues:

  • How to present cases & "spouse docs" list proving bona fides
  • Who to speak to at CIS
8. Solving difficulties in documenting qualifying relationships:
  • Legitimate/illegitimate children
  • Sponsoring stepchildren where the marriage has dissolved
  • DNA testing
  • How to get approval even if beneficiary cannot obtain a birth certificate
9. Processing derivatives abroad after principal adjusts I-824's for FTJ
10. Handling adjustment applications in proceedings (how to get a continuance and then get the I-130 approved)
11. Tips on handling special immigrant juveniles & adoptions

SECOND Phone Session on May 12th:

1. How to win a marriage case when CIS charges 204(c) on a prior marriage with no documents left from the prior marriage
2. Adjusting through a marriage where the parties are separated - how to do it but watch the ethics
3. Screening marriage cases before they retain you and before you file
4. How to reduce the chance that your client will be subject to a marriage interview with each spouse separately
5. Dealing with bad marriage interviews:

  • Ethical issues in preparing for CIS marriage interviews
  • FBI & CIS FOIA's - what CIS knows before the interview
  • What to do if the interviewer asks questions no one would know the answer to?
  • What if the applicant can remember nothing, not even his or her address?
  • What if the answers are different but not contradictory?
6. Can your client adjust through marriage if the U.S. citizen petitioner refuses to attend the interview or cannot attend the interview?
7. Affidavit of support issues - new "substitute sponsor" law
8. Arguments for adjustment for homosexual marriages
9. Strategies for dealing with transsexual marriages

THIRD Phone Session on June 9th:

1. What family members we should ask about when a prospective client asks about possibly filing an N-400?
2. Alternatives to long family quota waiting periods especially brothers, sisters, unmarried adult sons & daughters
3. Various I-751 issues and documetation

  • Ethical issues in 751 prep and interview prep
  • How to handle difficult spouses
  • What if spouses separate? If don't intend to divorce?
  • What if living abroad temporarily? If filed jointly but now divorced?
  • Additional issues for I-751's in proceedings & judicial review
4. Abandonment of residency - how can family members help?

The deadline to register is Tuesday, April 26th. For more info, including speaker bios, detailed curriculum, and registration information, please see: (Fax version:


US Detention Of Asylum Seekers And Human Rights
Bill Frelick writes "The issue of detaining asylum seekers has recently risen on the US political agenda."

Keep on top of the latest in immigration law! Attend ILW.COM seminars! You can attend ILW.COM phone seminars from the convenience of your office! For more info on the seminars currently available, please click here:


EOIR Announces Latest Disciplinary Actions
The Executive Office for Immigration Review announced its latest disciplinary actions: (3) Attorneys were immediately suspended; (4) received final orders; one was reinstated.

Attorney listings on ILW.COM are searched 200,000 times/year! Each attorney listed is searched an average of once each day! Just one new client will pay for the entire year's fee! Click here for more info:


Help Wanted: Immigration Paralegal
Shulman, Rogers, Gandal, Pordy & Ecker, P.A., Maryland's largest independent law firm outside of Baltimore city (80+ attorneys), seeks an Immigration paralegal/legal assistant to work as part of its Immigration, Nationality & Consular Practice Group team. 2+ years of experience is desired in: employment-based IV (including EB-1, EB-2, EB-3), NIV (including E-1, E-2, H-1B, L-1A, L-1B, O-1), family-based IV, naturalization, adjustment of status, consular processing, I-9 compliance/employer sanctions, and litigation. College degree or paralegal certificate preferred. Significant work experience considered in place of formal education. Ideal candidate possesses superior analytical, organizational, and communication skills. Must be proficient in word processing, spreadsheet, and immigration forms applications. Duties include heavy client contact, legal research, and immigration petitions. We offer an excellent salary/benefits package. If you enjoy challenging work with direct client contact and are equally passionate about the field of Immigration Law, we want to hear from you. Send resume and salary requirements in confidence to Ms. Maura Bowen, Human Resources Manager, Fax: (301) 230-2891 or e-mail:

Help Wanted: Immigration Attorney
Microsoft Corporation has an immediate opportunity in our dynamic team in the Law and Corporate Affairs Department in Redmond, Washington. The position requires excellent academic credentials, 4-6 years experience in all nonimmigrant business visas, labor certifications, and other business-related immigration matters. Strong case management, communication and writing skills are required. Must be customer-service focused and able to thrive in a challenging and fast-paced environment. Prior experience managing legal staff and proficiency with Microsoft technology a plus. Microsoft offers a competitive salary, excellent benefits and casual workplace environment. Please submit your response in Word format to Please indicate job code N145-122703 in the subject line. Microsoft is an equal opportunity employer (EOE) and strongly supports diversity in the workplace.

Help Wanted: Immigration Paralegal
Baker, Donelson, Bearman, Caldwell & Berkowitz, P.C. seeks an immigration paralegal for its Washington, DC office. Position requires a BA and 1-2 years of business immigration experience, including preparation of nonimmigrant petitions, labor certifications and immigrant petitions. Must have strong writing skills. Foreign language a plus, but not required. Qualified applicants should send cover letter, resume + writing sample to Betsy Taylor, Office Administrator by fax (202) 220-2235 or email at: No phone calls please. EOE/M/F/H/D/V.

Help Wanted: Immigration Attorney
Merrill R. Cohen & Associates, PC, a small, busy business and immigration law firm, has an immediate opening in New York, NY for an immigration attorney. We have a broad client base, including research hospitals, a wide variety of businesses, as well as internationally acclaimed artists, actors, musicians, and designers. Friendly work environment with lots of client contact. Position requires excellent writing, interpersonal, case management and business skills. Minimum of 3 years immigration law experience required. Full time preferred; will consider part-time. Salary D.O.E. Please fax cover letter and resume to Morgan Bailey at (212) 818-0625, or email her at

Labor Certification Advertising/Recruitment
Computerworld can continue to assist you with your Labor Certification recruitment advertising needs. Place your 2nd recruitment ad in Computerworld's IT Careers section, the #1 place for all of your IT immigration advertising. We offer prompt, courteous service and have the most competitive advertising rates, most times even lower than your market newspapers. Our staff will tend to your needs from ad layout and design to immediately sending tear sheets once the ad is published. Our deadlines are the Thursday prior to the Monday issue date. You can also rely on us to help you fulfill your additional recruitment steps for professional IT positions. We offer 30-day online job postings on that reach highly specialized IT professionals, while offering you the most competitive job posting rates. Don't delay, call us today to place your IT recruitment labor certification ad and job posting! For more information, please call 800-762-2977 or email us at

Help Wanted: Immigration Attorney
The Law Office of Judith G. Cooper, P.C. has an immediate opening in Houston, TX for an Immigration Attorney. Minimum 5 years immigration law experience required. Candidate must have experience in all aspects of employment-based immigrant and non-immigrant law. Ideal applicant posesses excellent writing skills, has case management experience, and is client service oriented. Salary commensurate with experience. E-mail resume to Administrator at

Help Wanted: Immigration Paralegal
Lane Powell PC, a general business and litigation firm with 170+ lawyers in five offices, seeks a highly motivated, detail-oriented individual for immigration paralegal position in its Seattle office, focusing on business immigration. Strong organizational, writing & interpersonal skills and 3 years business immigration experience are required. Experience with INSZoom is a plus. Excellent work environment, competitive salary and benefits. Send resume, salary requirements, & references to Carol Van Buren at No calls please.

We carry advertisements for Help Wanted: Attorney, Help Wanted: Paralegal, Help Wanted: Other, Positions Sought, Products & Services Offered, etc.
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Readers can share their professional announcements (100-words or less at no charge), email:

New Associate
Brian G. Becker has joined the law firm of Ellis & Ged, P.A. where he will continue to practice immigration and corporate law. Brian G. Becker can reached at Ellis & Ged, P.A., 7171 N. Federal Highway, Boca Raton, Florida 33487. Phone: (561) 995-1966 Fax: (561) 241-0812.


Readers are welcome to share their comments, email: (300-words or fewer preferred).

Dear Editor:
Regarding the PERM denials (4/14/05 ID comment), in addition to the usual software glitches that accompany any large roll-out, it is also possible that many people have filed prematurely. DOL indicated that any SWA prevailing wage data (PWD) issued prior to March 8. 2005 will not be valid for PERM purposes. And given the fact that an employer needs a valid PWD to properly do their 30 day posting statement and then observe their 30-day dark period, I myself have no intentions of suggesting that employers file any PERM applications prior to mid-May (at the earliest). Aliens who are trying to out-run visa retrogression will just have to chill for a little while, particularly given the safe harbor H-1B extensions provided by AC-21. Rome wasn't built in 60 days.

Greg Berk
Irvine, CA

Dear Editor:
I read Immigration Daily's comment to the Daily News Article regarding the 15 undocumented workers seeking amnesty through the u-visa (see 3/30/05 ID comment). We are helping these 15 persons to get interim relief under the u-visa strategy. If anyone is familiar with the u visa process, I'd love to speak with you about devising new strategies (any ideas would be helpful). Thanks for your editorial, very true and well stated.

Rekha Eanni
Restaurant Opportunities Center of New York (ROC-NY)

Dear Editor:
Although the Director of the USCIS may be a "political post," a moment of fantasy allows us to think of the benefit to our country and our immigration system of Willaim Yates being named the new Director of the USCIS. Rumors of his retirement as Associate Director for Operations abound. He has had a long and well-regarded career. Even having Mr. Yates as an Interim Director for up to two years would bring some logic and understanding to the agency. His years of experience and understanding of the issues that concern the Congress, the immigration bar and American families and business, make him an ideal pick. Perhaps Immigration Daily readers should start a movement to "draft" Yates or inspire the conversation. Immigration attorney may not always agree with everything Mr. Yates has done, but he certainly has put a lot of thought into his work and his highly respected within the agency and by the bar. Any thoughts?

Ross Brady, Esq.

An Important disclaimer! The information provided on this page is not legal advice. Transmission of this information is not intended to create, and receipt by you does not constitute, an attorney-client relationship. Readers must not act upon any information without first seeking advice from a qualified attorney. Copyright 1999-2005 American Immigration LLC, ILW.COM. Send correspondence and articles to Letters and articles may be edited and may be published and otherwise used in any medium. The views expressed in letters and articles do not necessarily represent the views of ILW.COM or members of the Immigration Daily Advisory Board. The opinions expressed in the Comment section are those of ILW.COM and Immigration Daily and do not necessarily represent the views of the members of the Immigration Daily Advisory Board.

Publisher:  Sam Udani    Legal Editor:  Michele Kim

Advisory Board:   Marc Ellis, Gary Endelman