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Immigration Daily

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Immigration Daily October 25, 2005
Previous Issues
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CLINIC Seminar

ILW.COM is pleased to announce its venture with CLINIC - the Catholic Legal Immigration Network, Inc. ILW.COM is transforming CLINIC's internal training manuals into book form to enable immigration practitioners to learn from CLINIC's experience and knowledge and make available CLINIC's expertise to law firms serving immigrant communities. The CLINIC network is quite possibly the largest immigration law service provider in the world. The CLINIC network employs about 600 attorneys and paralegals in over 250 offices and represents more than 100,000 immigrants each year. This large volume of cases gives CLINIC a perspective considerably broader than immigration law practices in the areas of immigration law typically handled by CLINIC, even esoteric cases become routine with a large volume. This broad perspective and large volume has resulted in CLINIC's developing tried-and-true methods of handling many types of immigration matters. CLINIC will be sharing its expertise in our latest ILW.COM teleseminar. For detailed curriculum, speaker bios, and registration information, see: (Fax version:

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


Deadline Is Tuesday, October 25th - Catholic Legal Immigration Network, Inc. On Immigration Law

ILW.COM is pleased to announce a new seminar moderated by experts from CLINIC, focusing on family immigration, removal, and criminal matters. The detailed curriculum is as follows:

FIRST Phone Session on Oct 27, 2005: Family Immigration Issues

  • Automatic conversion and retention of priority dates
  • Application of the Child Status Protection Act
  • Terminating conditional residency
  • Stepchildren and adoption
  • Common grounds of inadmissibility and eligibility for waivers

SECOND Phone Session on Nov 10, 2005: Issues Concerning Immigration Consequences of Criminal Convictions

  • The Basics of How to Analyze the Immigration Consequences of a Criminal Conviction
  • Divisible Statutes and the Record of Conviction
  • Domestic Violence Offenses
  • Crimes of Violence and DUIs
  • Theft and Fraud Offenses
  • Addressing Criminal Issues at Deferred Inspections, in USCIS Applications, and in Removal Proceedings

THIRD Phone Session on Dec 1, 2005: Removal Issues

  • Tips for Representing Immigrants in Removal Proceedings
  • Burden of Proof Issues
  • Recent Developments in 212(c) caselaw
  • Adjustment of Status
  • Reinstatement of Removal
The deadline to sign up for "Catholic Legal Immigration Network, Inc. On Immigration Law " is Tuesday, October 25th. For more info, including speaker bios, detailed curriculum, and registration information, please see: (Fax version:


Real ID, Criminal Issues And Hot Topics In Removal
R. Blake Chisam, et al. provide materials for this recent seminar.


USCIS Adjudicator Field Manual
The USCIS released a redacted public version of its adjudicator field manual.


Help Wanted: Immigration Professional
The Immigrant Legal Resource Center (ILRC), a national support center for education and advocacy, seeks to improve immigration law and policy and to make affordable legal services available to all immigrants. ILRC is in search for a new Executive Director. Responsibilities: provide leadership to staff, help execute fundraising efforts, develop agency budget, help develop programmatic and legal work, initiate and maintain relationships with organizations that serve immigrant communities. Requirements: Demonstrated passion for and commitment to immigrant or other marginalized populations, or related social justice, public policy or legal services work; minimum 7 years experience in non-profit mgmt as exec. director or equivalent. For complete details, see: To apply: Submit your credentials and a cover letter (that articulates your experience as it relates to our needs) by November 1, 2005 to Shari Kurita:

Help Wanted: Immigration Attorneys
Senior Associate, San Diego, CA. Larrabee & Zimmerman LLP, a leading business immigration firm, seeks seasoned immigration attorneys to join our expanding practice. Requirements: 5 years of business immigration experience in a high volume, fast-paced immigration firm; California Bar membership; strong writing and verbal communication skills. Excellent benefits. Salary commensurate with experience. A great place to work and enjoy your chosen career. Send your resume to

Help Wanted: Immigration Paralegal
13-person midtown NYC immigration law firm seeks paralegal with 2+ years of experience with business applications: nonimmigrant and immigrant. Ideal candidate has a BA degree, is detail oriented, organized and conscientious. Candidate must also possess excellent writing, communication & case management skills. Competitive compensation package offered. Email resume & cover letter in MS Word to:

Help Wanted: Immigration Attorney
A Chicago law firm with a large immigration practice, including business, family-based and removal defense, seeks attorney with 2+ years experience practicing immigration law. Fluency in Spanish or another foreign language preferred. Send resume to:

Help Wanted: Immigration Attorneys
Hop on the Express Train to career growth in immigration law. Paparelli & Partners LLP - a nationally renowned immigration firm with a focus on sophisticated business immigration clients and matters - seeks experienced immigration lawyers in the firm's New York City and Irvine, California offices. The ideal candidates are detail-oriented, team players who excel in oral and written communication. Good moral character and bar license (any state) are required. The open positions involve work on a full range of employment-based and family-based cases and the opportunity to work on cutting-edge immigration law issues. The candidates must show a track record of embracing new technology since computer software is used extensively (research databases, Internet, MS Word, MS Outlook, Excel, ProLaw, PowerPoint, VOIP, etc.) Send resume + cover letter to Chris McCoy at (fax) 949-955-5599 or e-mail her at No phone calls please.

Offshore Services For Law Firms
We offer a wide range of back-office & clerical support services to immigration attorneys in NIV and IVs, including managing checklists, form completion, drafting cover/employer letters, consular processing assistance, follow-up/correspondence with clients and other related services. Our services cover document generation, data entry, accounts, scheduling/calendering, clerical & archival. Quantum Technologies, Inc. is a sister company to Adnet Advertising Agency, the worldwide leader in immigration advertising services for over a decade. Headquartered in New York City, Quantum provides the highest quality services to law firms enabling them to cost effectively and securely outsource law firm back office 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 a virtual extension of your office providing 24 x 7 support and significant cost savings. Convenient billing options are available. For more info. contact Johaina Mumtaz at or call 212 406-3503 ext 224.


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

Angelo Paparelli, managing partner of Paparelli Partners, LLP has been named as one of the nation's 500 leading attorneys by


Readers are welcome to share their comments, email: (300-words or fewer preferred). Many letters to the Editor refer to past correspondence, available in our archives.

Dear Editor:
REAL ID driver's licenses is another travesty from the US Congress (see 10/24/05 ID comment). Wish they'd do something helpful instead of playing politics.

Aetna Thompson

Dear Editor:
I agree that the task of implementing REAL ID will be next to impossible (see 10/24/05 ID comment). However, in my opinion, the most devastating section of REAL ID is that all illegal aliens that are present in the US will not be able to submit any form of application to any federal agency and that includes the USCIS. Let's say someone entered without inspection 3 years ago, and they are an aggravated felon with a 1-yr suspended sentence (let's disregard the 364 day rule for a minute) but is afraid to go home to (let's say Iraq). Currently, they could apply for withholding of removal under CAT and if eligible immigrate through a family visa petition through 212(h). According to REAL ID, effective May 11, 2008, none of these applications will be available because, they will not be eligible for a REAL ID card. And will therefore be barred from making that application while in the U.S. due to lack of proper ID. Correct me if I am wrong, but the nightmare is real. "REAL ID Title II: Improved Security for Driver's Licenses and Personal Identification Cards - (Sec. 202) Prohibits Federal agencies from accepting State issued driver's licenses or identification cards unless such documents are determined by the Secretary to meet minimum security requirements, including the incorporation of specified data, a common machine-readable technology, and certain anti-fraud security features."

Celeste Tabriz

Dear Editor:
Mr. Alexander's letter dated 10/24/05 ID evinces a willingness to accept immoral actions and exploitive practices by American employers against the interests of uneducated and unskilled alien workers. His letter rationalizes this position by pointing out the abundance of such workers in their own country: "One has only to look to their homelands to see that it is the sheer numbers of such workers and not their legal status that enables their exploitation. The value of an illegal worker to an employer is precisely because the employer feels he can exploit him. If forced to pay market wages, taxes, and observe labor laws, then the employer may as well hire a US worker." I believe that the value of a worker to an employer, whether the worker is documented or not, is the quality of the work that the worker will produce. If the employer cannot get cheap enough labor in the US, he will take the job out of the US and pay pennies on the dollar he would have to pay here for the same labor. The answer lies not in pandering to the anti-immigration crowd and punishing the porter or kitchen worker who wants a better life for himself and family. The answer lies in passing a tax that would penalize producers for taking their jobs overseas, that would require tariffs on their products that would make importing the product as expensive as producing it here. We punish employers in the US who pay less than minimum wage because of unfair and illegal employment practices. We punish foreign companies who "dump" their product here below the cost of producing it. Basic fairness should require that we protect our American manufacturers by making American goods manufactured here competitive with goods produced abroad at salaries that are a fraction of those paid here. This can be done easily and fairly with tariffs, for the betterment of all of us. Perhaps our children, after graduating from college, will then be able to find a job.


Dear Editor:
Amnesty is not going to happen (10/21/05 ID comment). There's too little support. Our best hope is to attach a worker program with an enforcement-based bill and try and make the worker program as generous as possible, also iffy. Don't separate an enforcement package and a worker program as some in Congress propose. If that is allowed to happen, we won't even get the worker program in the near future. We have to be realistic. We don't have to go back to the Louisiana Purchase or Prohibition as you bring out. Just go back to the Reagan Amnesty. This is fresh on the mind of many Republicans (the majority party in Congress) and is perceived as a failure. Unfortunately, perception is reality.

Adam L. Barnett, Esq.

Dear Editor:
Regarding 10/21/05 ID comment, hear hear. Well spoken, well said.

Matthew Kashani, Esq.

Dear Editor:
It's obvious that the present body of laws is dysfunctional (see 10/21/05 ID comment). Laws can and should be changed, it happens all the time. This country was born out of the rebellion of a group of colonists against laws that were perceived as unfair. What's been left partly unexplored is what makes a law a good law, such analysis could help define the guiding principles of possible reform. In a democratic society, a good law is one that serves as large a purpose as possible, reconciling the needs of as many components of the social group, and one that fosters the common good. The Founding Fathers had that principle clear and sometimes even sacrificed the interest of their own constituents to achieve compromise and by it a greater good. There should be some moral justification and a sense of Justice, Equality, and Fairness as a foundation of a society in general. Without upholding any one religion, this principle was embedded in the Declaration of Independence. If we as a society cannot find a moral common ground that could help as a guiding compass in reconciling our differences, we will fail to achieve not only an effective immigration system of laws but any legislation whatsoever. This is what is wavering now giving space more and more to special interests, selfishness and moral indifference. There is yet another great engine that should prompt legislative reform: economic reality. Dysfunctional laws will damage the society in which they are applied. Reconciliation, moral principles and economic reality. Reasonable minds can differ on what exactly these principles mean and how to apply them to the problem at hand. However, reasonable minds should not forget to go back and be guided by these important principles that will provide some social, moral and economic grounding to any legislative debate.

Giuseppe Scagliarini, Esq.
Newport, RI

Dear Editor:
Its about time somebody sees that we need these immigrant here working (see 10/21/05 ID comment). It's too late to send them home, because they have built a workforce in our county that is irreplaceable. It is a matter of fact. We need these immigrants here, lets face it.

Harry Lee

Dear Editor:
Your "Amnesty is Good" comment (10/21/05 ID) must be the flip-side to "Enforcement Not Solution" (6/03/05 ID) which generated many replies in opposition. History has shown conclusively that amnesties do not work, are unjust, undermine the rule of law and do not prevent further illegal entry. And how can the deliberate violation of our entry laws be the basis for any kind of legalization or citizenship? Prohibition is a poor analogy as borders and entry are matters of national security and sovereignty. The promise was made in 1986 that no further illegals would be allowed. Since then, record invasion has been experienced. The Bush administration is now once again promising to enforce our existing immigration policies. Why should we believe them now when they could have pursued enforcement much more vigorously at any time and certainly should have after 9/11. The only reform that is acceptable to most Americans, not special interests, is to reduce, restrict and control entry numbers, not to increase them by legalizing that which is illegal and allowing fiat amnesty. With 15 to 20 million illegals here now, and jobs hard to find by citizens, why are new schemes being considered to increase the flow? The narrow view that excessive migrants are an enormous benefit and lower the cost of goods is illusory when other costs are considered. Chucky's letters and other letters are already paying more for salads and other items, we just pay them indirectly hidden in other areas. There is a reason why governments at every level have budget problems even when tax rates are very high. It is enforcement, not amnesty, that is the right thing to do.

R. L. Ranger

Dear Editor:
On the topic of proving who you are i.e. legally, born here, etc. can work (see 10/21/05 ID comment). I lost my license a few years ago and I had a very hard time getting a replacement. I had to prove I am an American. My people came from Ireland in the early l600's, and I had to prove I am a real American. I finally had the proof they needed at DMV. If this happened to me, it can happen to everybody. I have a genuine birth certificate born in NC, have a genuine driver's license, have been driving since I was a teen, am now 70, I have a genuine marriage license, etc... There are workers who come for the summer, only, they, of course should not have a license in this country. Those who sneak in, should be caught, and this would be possible if Americans worked together. We have gangs here from other countries, terrorists from other countries. When I was young, the census was taken, the government sent people door to door. This can be done again. There are many ways those who are here without permission, can be found. Plus, these people bring in their infections, deseases, etc. They do not have shots. We have seen this happen too many times. Many of us died because of this happening, people not doing their jobs here. And, people bring their bloodlines with them. They do not change who they are by coming here. I am Irish, I have a temper, and my people have been here for about four hundred years.

Mary Priddy

Dear Editor:
Legal status for illegal immigrants means opportunity to go to school, apply for ID and driver licenses, SSN to pay taxes and buy insurances, mortgages to buy houses, open new businesses for those that have a great spirit of entrepreneurship (see 10/21/05 ID comment). The 1986 immigration amnesty by President Reagan must have given those opportunities. How many ex-illegal immigrants now on welfare, become criminals and terrorists vs. how many have made themselves better and contributed positively because of their legal status given? Many illegal immigrants live under shadow and below their maximum potentials just because there are no opportunity given for them. We must shut down the welfare state, for any lazy legal or illegal immigrants or citizens, for the sake of fairness to hardworking tax payers, but if they come here to contribute more to the USA, and they have earned and showed it so far when they are here, why not giving them the opportunity?

Richard Suigharto

Dear Editor:
Immigration Daily missed a big story on October 20th, Senate Judiciary Committee Passes Proposal to Provide H-1B Visa and Employment-Based Immigration Relief (see AILA Infonet Doc. No. 05102160).

Susanna Bogue, Immigration Attorney
San Francisco, CA

Dear Editor:
The number of intelligent, educated people who write letters to Immigration Daily trying to re-plow the field of "breaking the law" is staggering. Everyone in this country is a lawbreaker, be it adultery (in some states) shoplifting, cheating on taxes or speeding. Go to our expressways to watch a nation that cares very little about laws. That said, perhaps all these letter writers who agree "getting control of its borders is imperative for any nation that purports to be civilized" will name some civilized countries that have "sealed its borders" against penetration from the outside. Sealing our borders is probably not possible, controlling our borders is undefined as to whether its total control or some control. We may be attempting what has never been accomplished before.

Dave Anderson

Dear Editor:
I believe the employer as well as the community is hurt if there is no chance of legalization since the undocumented have lived for a long time and have established connections with the community as well as in their place of work.

Gladys Farris

Dear Editor:
Ali Alexander's letters to the Editor make some great points but I think that his letters' point that employers hire illegals simply because they can exploit them and that they are less expensive than US workers is too broad a stroke. From what I see, many illegals are paid the same as US citizens. There is way to know the figures, but many, many industries cannot find 'Anglos' in enough quantity or quality to do lower paying jobs in low margin industries. Simple, easier, legal status is the answer. The response to this is usually 'raise the salaries and good people will come'. Not true in low margin indusries. All that will occur is the closing of some industries and the movement out-of-country of many others. Please keep in mind that the most recent immigrants have filled the need for low-paying jobs since the US began. There is always a legitimate need and, so far, willing participants to fill that need.

Brent Heid

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.

Publisher:  Sam Udani    Legal Editor:  Michele Kim