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Immigration Daily

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Immigration Daily April 25, 2005
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PERM Update

Immigration Daily has learned that hundreds of PERM denials have issued without any confirmed approvals. Unfortunately, there is more bad news to bear. A close look at the underlying forces of PERM leads one to conclude that the current glitches of PERM may be with us for a long, long time. Here's why. Form 9089 is rife with technological bugs, and will improve as DOL debugs the system based on user feedback. However, because the underlying logic processing the user input data is so complex, the debugging will proceed very slowly and will not meaningfully improve the percentage of PERM denials produced by the system for a long time to come. Moreover, the DOL's zeal to prevent fraud in the new system has resulted in reliance on statistical calculations - not based on pre-PERM human judgment and expertise - to determine whether a labor cert is approved or denied. The upshot is an unanticipated 100% denial rate. PERM has fundamentally changed the labor cert process, not just technologically but substantively. It appears that attorneys face a long and steep learning curve ahead to get a handle on PERM. We recommend THE PERM BOOK and Immigration Daily to stay on top of PERM.

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:


Grandfathering Under 245(i) Is Clarified by USCIS: A Broad And Narrow Simultaneous Effect
Romulo E. Guevara writes "Ever since the sunset of 245(i) on April 30, 2001, conflicting USCIS interpretations of the grandfathering benefits have plagued immigration practice."

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:


5th Circuit Says Judicial Review Exists For Asylum Carve-Out
In Zhao v. Gonzales, No. 03-60681 (5th Cir. Mar. 15, 2005), the court said that 8 USC 1252(a)(2)(B)(ii) did not preclude judicial review of motions to reopen immigration proceedings because the subsection explicitly excluded asylum determinations made pursuant to 8 USC 1158(a). In deciding this issue the 5th Circuit joined the 9th Circuit and disagreed with the 8th and 10th Circuits, thus deepening the circuit split over this matter.

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.

Case Management Technology
With Immigration Case Management Tools from INSZoom, you can rest assured that you are working with the most secure, simple and strategic software and support services. This state-of-the art product helps US Immigration Law Firms to build efficiency, accuracy and transparency in their immigration operations through a single comprehensive software. Besides 600+ Forms and Case Management, many advanced functionalities like Online Questionnaires, eFiling, eTracking, Knowledgebase, Group Calendaring, Accounting, Prospect Management, Document Expiration Ticklers & Management Reports, etc. are part of this one all-encompassing tool. Your clients may update their profile information, check case status, manage compliancy, and generate numerous reports..all via a secure online system. INSZoom's superior technology is backed by a friendly, responsive and multi-lingual training & customer support team; which will modulate the training program and handhold your team members to maximize the benefits from INSZoom. We will ensure that our technology works for youeverytime. INSZoom is available in 2 versions: Install in your own office or host on INSZoom secure servers. Contact us for a free guided tour today at 925-244-0600 or

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.

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.

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New Partner
Garderewynne Sewell LLP is pleased to announce Irina B. Plumlee as a new partner. Irina Plumlee's practice focuses on business and family immigration, including work visas, labor certification, and adjustment of status, as well as on employers' I-9 compliance and fairness in employment practices. Irina practices in the Dallas office and can be reached at 214.999.4862.


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

Dear Editor:
Thanks to the brave Minutemen of Arizona for trying to secure our borders which our government has miserably failed to do.


Dear Editor:
I read Immigration Daily and want to ask you about the DREAM Act (4/22/05 ID). Could you inform me what should bring this bill?

Radu Proksch

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