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Immigration Daily

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Immigration Daily April 22, 2005
Previous Issues
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An Almost Unbelievable Story

We are privileged to bring to our readers' attention an almost unbelievable and incredibly inspiring story about four undocumented high schoolers from Mexico who went head-to-head with the smartest college teams in the country (including MIT) on a hi-tech underwater-robot competition sponsored by the US Navy and NASA ---- and WON! We urge our readers to read the entire fantastic story at . Read the entire story in Wired magazine to see how these teenagers (who came to our country thru tunnels and hidden in the backseats of cars) are engineers in the best American tradition in creating their underwater-robot out of plastic pipe, tampons (not a typo!) - and beat the MIT robot which was co-sponsored by Exxon-Mobil, the Carnegie Mellon robot and others. The DREAM bill, if Congress can find the wisdom to enact it, would offer hope to these gifted teenagers and others, who perhaps are not so gifted, but equally deserving of the title American.

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:


How To Attract Business Clients: Interaction And Persistence Effective At Opening Doors
Trey Ryder shares tips that will help you position yourself so business executives seek out your services.

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:


9th Circuit On K-1s
In Kalal v. Gonzales, No. 03-71354 (9th Cir. Mar. 30, 2005), the court said that there was no provision for waiving the requirements of the K-1 program in the case of a K-1 petitioner who did not marry the K-1 sponsor but married another USC.

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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

Offshore Services For Law Firms
We assist immigration attorneys in NIV and IVs, including checklists, form completion, draft cover & employer letters, consular processing assistance, follow-up/correspondence with clients and other related services. We offer a full range of services including document generation, accounts, clerical & archival. Quantum Technologies is a sister company to Adnet Advertising Agency, the leader in immigration advertising services for over a decade. Headquartered in New York City, Quantum provides the highest quality services to law firms. Law firms can cost effectively and securely outsource law firm processes, and focus on increasing earning, growth and servicing their clients. We work as your partner offering tailored services that accelerate product delivery. With state-of-the-art communication facilities and infrastructure, our offsite center functions as virtual extensions of your offices providing 24 x 7 support and significant cost savings. Convenient billing options available. For more info. contact Johaina Mumtaz at or call 212 406 3503 ext 224.

Immigration Law Conference
The Center for Migration Studies and Fordham Law School are pleased to present the 28th National Legal Conference on Immigration and Refugee Policy. Conducted in collaboration with Catholic Legal Immigration Network, it will take place April 25th-26th in NYC. Sessions will include: (1) using technology to improve both service and security; (2) impact that security checks and backlogs have had on assorted industries (3)impact on civil rights and liberties for immigrants post-9/11 (4) human rights and asylum developments (5) emerging issues in employment-based immigration (6) workplace enforcement issues and (7) prospects for immigration reform. Sponsors will also conduct two special alternative programs: (1) what groups are doing now to advocate and prepare for immigration reform (2) implementation of PERM. The conference will feature a panel of distinguished speakers. For conference program details, including speakers, see To register, see: Up to 11.5 professional practice CLE credits available for non-transitional CLE Program. Visit to learn more about CLE credit and obtaining financial hardship relief.

We carry advertisements for Help Wanted: Attorney, Help Wanted: Paralegal, Help Wanted: Other, Positions Sought, Products & Services Offered, etc.
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Submit Your Announcement
comingsNgoings was launched last year. So far, we have received announcements for the following: New Position, Honors And Awards, Mergers & Acquisitions, New Office Address, New Appointment, New Associate, New Attorney, New Partner. If you have a professional announcement (not limited to the above), that you wish to share with the Immigration Daily community, send your professional announcement to: comingsNgoings announcements is a free service.


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

Dear Editor:
There is absolutely nothing in the regulations that keeps us from using two avenues for labor certification (Gary Endelman's Two Bites article 4/21/05 ID). The regs address only the situation where one wishes to use the original priority date i.e. then there is an express withdrawal from the old system. If we keep the RIR going and file a brand new PERM case, where in the regs does the DOL base its claim that it cannot be done? Nothing. We should be able to go forward with PERM as a new application and if it's approved. Fine. Then withdraw the RIR case. If it's denied, the RIR case we filed a zillion years ago is still in the pipeline. I'm willing to join with anyone else to challenge the DOL.

Jacqueline D. Bucar
Tyler Cooper & Alcorn, LLP

Dear Editor:
None of the articles you have been publishing give any notice to the facts that the Old SVP allowed 2 years of experience for such jobs as cooks, dry-wall finishers, etc. The new system lists less than 6 for such jobs, which seems to indicate that DOL will no longer consider such jobs as skilled employment. Given this problem, it is impossible to file an identical labor certification under the new PERM regulations. The PERM rules seem to have written out completely jobs formerly considered skilled.

Miriam Cutler
Arlington, VA

Dear Editor:
Stopping illegal immigration is one thing but spreading that zeal to retarding legal immigration as Mike's letter (4/21/05 ID) implies is simply foolish or uninformed at best, with just a possible hint of racism at worst. Who is going to build our houses, pave our streets, mow our lawns, harvest our crops, bus our tables, and provide skilled nursing care to our parents in their old age just to name a few of the needed jobs immigrants perform? We need more legal immigrants in this country of immigrants, not fewer. Our labor shortage problems will only be exacerbated as we tighten our borders, a natural consequence of rampant illegal immigration and terrorist threats. Many of us hope for reasoned balance in this age old issue and the discussion of a guest worker program would be sensible place to begin the dialogue.


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