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Immigration Daily

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Immigration Daily April 21, 2005
Previous Issues
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Two Bites To The Apple

The issue of refiling under PERM (20 CFR 656.17(d)(1)) is one of the most vexatious to immigration attorneys today. In today's featured article, "Why DOL Should Allow Two Bites At The Apple Under PERM", Gary Endelman makes the legal case for refiling a PERM case while preserving the old RIR or regular case. Apparently, DOL is keen to suggest that two bites to the apple is impermissible under the PERM rule. We believe that DOL is mistaken and this article shows why. Mr. Endelman's article, long promised, covers the following:

1. Introduction
2. 15 Reasons Why People Are Worried About PERM
3. The Legal Case For Two Bites To The Apple
    a. What is not included is excluded
    b. PERM as remediation
4. How DOL Benefits From Two Bites To The Apple
5. Appendix - AC21 And PERM

For "Why DOL Should Allow Two Bites At The Apple Under PERM", see here.

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:


Why DOL Should Allow Two Bites At The Apple Under PERM
Gary Endelman writes "The point is that, whether PERM is best understood as a regulation or a remedy, either approach lends itself almost ineluctably towards accepting two bites at the apple."

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:


The Congressional Research Service issued a report on monitoring foreign students in the US: The Student and Exchange Visitor Information System (SEVIS).

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:


J-1 Training Visa Sponsor
Discover the ease and flexibility of the J-1 training visa with Aiesec United States. At Aiesec, we provide an unparalleled commitment to customer service, offering 24 to 48 hour turnaround on approved J-1 training visa applications, free consultation on potential training programs and a wealth of information about J-1 training visa regulations. We also offer logistical and cultural reception services in several locations across the country. Our J-1 training visa can be used for individuals to participate in training programs in the following fields: Information Media and Communications, Education, Social Sciences, Library Science, Counseling and Social Services, Management, Business, Commerce and Finance, The Sciences, Engineering, Architecture, Mathematics and Industrial Occupations, Public Administration and Law. You can learn more about Aiesec and the J-1 training visa at or by calling Jim Kelly at (212) 757-3774 ext.222.

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/Recruiting
Adnet Advertising Agency Inc. has provided labor certification advertising services to immigration attorneys since 1992. Adnet helps attorneys find appropriate places to run labor cert ads, places the ads, obtains the tearsheets, and offers a variety of billing options. Attorneys can manage the entire ad process through Adnet's secure web-based Ad-managment system. Most of Adnet's services are free since we receive a commission from the newspapers and journals where the ad is placed. Adnet services large international law firms as well as solo practice attorneys. Call us at 212-587-3164, visit, or email us at Contact us today to find out why we are the ad agency of choice for immigration attorneys since 1992.

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

We carry advertisements for Help Wanted: Attorney, Help Wanted: Paralegal, Help Wanted: Other, Positions Sought, Products & Services Offered, etc.
For information on advertising in the classifieds please click here

For services/products of use in your law practice please click here


Readers can share their professional announcements (100-words or less at no charge), email:

New Offices
Thomas H. Tousley, a former attorney at the BIA of the EOIR for 8+ years, announces that he has started a law practice devoted exclusively to representing aliens appearing in removal proceedings before immigration judges in Arlington, Virginia, and in Baltimore, Maryland; aliens anywhere in the US appealing immigration judges' decisions to the Board, and aliens throughout the US appealing Board decisions to the US Courts of Appeals for the First, Fourth, Fifth, Sixth, Eighth, Ninth, Tenth, and Eleventh Circuits. Law Office of Thomas H. Tousley, 218 N. Lee St, #200, Alexandria, VA 22314. Ph: (703) 519-5619. Fax: (703) 519-5685.


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

Dear Editor:
The Minutemen have succeeded in showing what regular Americans can do when there's a will to do something about this illegal immigration problem. Illegals have basically stopped coming across the 10-mile border in that area of Arizona. We Americans are continuing with the next four states, and I assure you, pro-American immigration attorneys will be joining the Minutemen. This grass-root movement will grow and spread. We are fed up with Bush and his sucking up to Fox. Bush and Rove are going to have to re-think their strategy with this border issue. We're going to stop this guest-worker program by starting with border enforcement. Programs like Sean Hannity, broadcasting from the border today, are bringing attention to this problem. Last I heard, 14,000 people are signing up to volunteer to help the Minutemen.


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