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Immigration Daily November 10, 2005
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PERM Nuts & Bolts: The Latest Tips For Practitioners

We are pleased to bring a new telephonic seminar on PERM to our readers' attention, the curriculum is as follows:

FIRST Phone Session on Nov 17, 2005:

  • What is "identical" for refiling purposes?
  • Refiling and SVP/Job Zone issues
  • Refiling and BEC Interaction/How to withdraw a case
  • Multiple filings and the 8/11/05 FAQ
  • The role of retrogression

SECOND Phone Session on Dec 8, 2005:

  • PW Determination Expirations
  • SVP/Job Zones and Business Necessity
  • Drafting for BS+5 and EB-2 Preference Category Cases
  • Drafting for cases involving a combination of education and experience
  • Calculating Recruitment Dates

THIRD Phone Session on Jan 12, 2006:

  • BEC Update
  • PERM Processing Times
  • EB-2 vs. EB-3
  • Substitutions at CIS and at the BECs
  • Audits and Denials
The deadline to sign up is Wednesday, November 16th. For more info, including speaker bios, detailed curriculum, and registration information, please see: (Fax version:


USCIS Adopted Decisions: Latest USCIS Efforts To Establish Uniform Policy
Romulo E. Guevara and Tiffany V. Biason write "On October 27, 2005, Mr. Divine announced that two recent AAO decisions were now "adopted as binding" upon the USCIS. This article will address each published case and discuss its effect on the Service’s national policy.


EOIR Releases Latest Disciplinary Actions
The Executive Office of Immigration Review released its latest disciplinary actions: two attorneys immediately suspended; four receive final orders.


Help Wanted: Immigration Paralegals
Greenberg Traurig, LLP a large international law firm, has openings in its Tysons Corner, VA location for business immigration paralegals. If you want to join a team of highly-trained and very motivated immigration paralegals in a demanding, fast-paced environment this is the position for you. To join our team you must be very organized with the ability to work independently, manage a large case load, juggle multiple tasks/deadlines, and possess excellent computer skills. Bachelor degree or equivalent required. In our practice we hire the best the field has to offer and make them better. In return, we ask for the very best you can offer. Excellent benefits and compensation package offered. If you are talented and up to the challenge, this job is for you. Send cover letter, resume, salary requirements + writing sample to Cristy Campbell by email: or fax: 703-714-8374.

Help Wanted: Immigration Paralegals
Morgan, Lewis & Bockius, LLP is currently looking for two paralegals to work directly with the Immigration Practice Group in its Washington, DC office. Must be able to work under minimal supervision. The firm offers an excellent compensation and benefits package, outstanding work environment, and comprehensive support to enable our Immigration Paralegals to assume significant responsibility, including contact with clients. Candidates must have at least two years of business immigration experience in employment-based immigrant and non-immigrant categories. Candidates must possess strong organizational, research and writing skills. Knowledge of PC applications and flexibility to work overtime are required. An undergraduate degree is required. Morgan Lewis is an Equal Opportunity Employer. M/F/D/V. Please apply online via the career link of the Morgan Lewis website.

Help Wanted: Immigration Paralegal
Downtown Washington, DC firm seeking a mature and responsible paralegal with a minimum of 2 years experience in both family and business immigration cases. Must have a Bachelor's degree and be bilingual in Spanish/English. We are a boutique immigration firm with a fast-paced yet collegial atmosphere and no billable hours requirements. We offer a competitive salary and benefits - both traditional (health insurance) and non-traditional (in-office professional massage). Please send resume + writing sample to Paul S. Haar, Esq., 1150 Connecticut Avenue, NW, Suite 900, Washington, DC 20036 or

Help Wanted: Immigration Attorney
Finnan, Fleischut & Associates, founded in 1978 and based in Menlo Park, CA, seeks an experienced immigration attorney. We have an opening for an associate with 3-5 years experience in corporate immigration law. Candidate must have excellent writing skills, review work for accuracy, have experience with both family and business immigration, manage and develop client relationships, and foster team spirit. We offer excellent benefits, growth potential, and collegial workplace. Salary commensurate with experience. Only applicants with above qualifications should respond. Please submit your resume and cover letter to Luvenia Souffront at: No phone calls please.

Case Management Technology
With INSZoom, you can rest assured that you have the most secure, simple and strategic software and support services available on the market. Our state-of-the art product helps US immigration law firms build efficiency, accuracy and transparency through a single, comprehensive software. We offer 600+ Forms and many advanced features to provide you with an all-in-one case management system solution. Let your clients update their profile information, check their case status, maintain compliance, and generate numerous reports, all via a secure online system. INSZoom's leading edge technology is backed by a friendly, responsive and multi-lingual customer support team. We will configure INSZoom to your workflow for maximium results. INSZoom's technical team works diligently to ensure that the technology works for you - every time! 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


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

New Offices - Irvine
The Law Office of Christele Demuro announces the relocation to a central business location across from University of California at Irvine. University Tower, 4199 Campus Drive, Suite 550, Irvine, California 92612-4694. Telephone: (949)854-0264 Facsimile: (949)509-6599.


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:
Thank you for publishing this timely reminder (see 11/09/05 ID comment). This is an aspiration of all humanists, first expressed, I think by Terence (c.195 – 169 BCE) Roman author, originally a (legal) immigrant slave from Carthage, who said something like: Homo sum, humani nihil a me alienum puto. I am human, I regard nothing human as alien to me. This is sometimes expressed more pithily: Nihil humanum alienum mihi est, "Nothing human is alien to me." I have seen it in Spanish as "Ningun hermano (o "ser humano") es ilegal," and as a bumper sticker published by the AFSC as No Human Being is Illegal. David Cole has written eloquently of the denial of legal protection to the "other" as historically one step away from the denial of legal rights to "us." In any case, for immigration practitioners, it should be a first principle to recognize that the human dignity of each individual is not to be diminished or denied by arbitrary lines, or by creative interpretations of the Geneva Convention.

Daniel Hoyt Smith, Esq.
MacDonald Hoague & Bayless

Dear Editor:
How dare Immigration Daily infer that those crossing the borders of the USA are not to be referred to as illegal aliens (see 11/09/05 ID comment). That's exactly what they are. Does Immigration Daily not realize that this country is being invaded?

Scott Kazel

Dear Editor:
I am sure almost 100% of the people in this country are against illegal immigration (see 11/09/05 ID comment), but what anti-immigrationists won't accept is that no matter what we wish, the flow of undocumented workers and families will continue to come to the US in order to escape intolerable or unbearable conditions in their home country. We couldn't enforce prohibition. We can't stem the flow of illegal drugs. We can't legislate effectively against abortion or smoking and you can't stop illegal immigration. What we can do is try to find other solutions than vigilante border patrols, arrests, forced deportations, drivers license harassment, unconscionable delays in the processing of documents by USCIS, inhuman separation of families where many or most of the children are American citizens. These people may be "illegal" but they are not criminals. They are people just like us are who are trying to improve their life and the future of their children. I work as a volunteer with hundreds of these Mexican "illegals". They are decent, hard-working, humble people with children who are 100% Americans, English speaking, t.v.addicted and, I might add, well mannered. Let's look for other solutions that are not adversarial: (1) aid to these countries in raising their standard of living through social and economic changes (2) allowing parents of American born children to be allowed to petition for residency (3) relax the rules for travel back to their country of origin (4) those immigrants with work histories, no felonies, and ITIN taxpayers to be allowed some form of opportunity to become residents. This country was built by immigrants and will continue to be strengthened by the diversity they bring.

Al Moser
St. Augustine, FL

Dear Editor:
When someone lives in a place or country and makes 30 times less than another country, living in extreme poverty, wars and political chaos, with no hope of better career, future and living standart, that person would likely to immigrate somewhere both legally if possible or illegally if he has to (see 11/09/05 ID comment). Anti-immigrationists are nothing but selfish protectionists as for their selfish interests. They enjoy and love quality cheap imports made by near slave labors in third world countries but always complain about global competition which can take their overpaid jobs away and their comfort and living standard down. Before calling somebody else an illegal immigrant, try to picture yourselves in their position and put yourself in their shoes. What would we do if we're poor Mexicans, Haitians, Cubans, Asians etc? if not doing exactly what these poor immigrants would surely do, cross the border legally or illegally if necessary. Open borders, free trade, a more sensible and fair global financial and currency system, is the cure for our endless complaints. Why not just erase these borders and no one will call anybody illegal. They just want to pursue a better life, have opportunities and seek safe haven from war and chaos.

Richard Sugiharto

Dear Editor:
The procedure to "legalize" cooks and gardeners that S. Salike's letter (11/09/05 ID) describes is not feasible. The process costs thousands of dollars ($10k+) and takes years. A minuscule number of immigrant petitions for unskilled workers gets approved every year. Meanwhile, the low-skilled worker should remain in a legal status waiting for certifications. There are no options to maintain such person working legally very long. If the person was hired and remained in illegal status there is no relief available. In sum, nobody would embark in such a process for massive hiring of "cheap labor" At worst, it could be misused to sponsor a relative or friend, that will remain waiting abroad, for permanent residency. There are a lot of anecdotes and hearsay on immigration issues that become "popular wisdom." Once again, ignorance about how this system works causes some people to arrive to conclusions that are blatantly wrong.

Washington, DC

Dear Editor:
It appears that Immigration Daily's support of the stoppage of the term "illegal aliens" from being used (see 11/08/05 ID comment). It is catering more to the lawyers and employers who profit from them when they should be trying to help prevent their entry.

O. Sanchez

Dear Editor:
If the 11/08/05 ID comment is a semantic one, that "illegal alien" is a disfavored term and that "undocumented alien" is preferred, then the words might well be accurate: not every undocumented alien is here illegally; some might simply have had their status lapse and be following approved procedures for updating it. It's precisely the illegality of status that is embodied in the term illegal alien. Mere acquiescence in the nation's laws subsequent to perpetrating a criminal entry in no way justifies the initial illegality of their immigration. It's no wonder that persons here illegally would become the picture of rectitude where even a minor brush with the law would likely result in their illegal status being found out - their law-abiding nature is a necessity followed out of practical self-interest. That people here in violation of the civil and criminal laws of the state and federal governments do not forfeit their entitlement to humane treatment is, or should be, axiomatic. Even the "Minutemen" brigades have not sought to rationalize any "shoot on sight" rule. But our learned commentators might turn their focus to the question, "how much protection is too much protection?" Or, "does humane treatment encompass acting affirmatively to reduce the risk inherent in illegal immigration?" Change is afoot in the form of numerous ideas for immigration reform contained in a number of Congressional bills. The debate over a comprehensive overhaul of the system has moved well beyond whether to proceed and consists almost entirely of proposals for the form and substance of a new regime that leapfrogs prior, failed, piecemeal attempts to regulate immigration. The term "illegal alien" might even be replaced by some other euphemism coined to avoid even a hint of negativity.

Janet S.

Dear Editor:
In response to 11/04/05 ID comment, will the ruling on the Permanent Bar have any bearing on the 5 and/or 10 year bar?

Kim Mensah

Dear Editor:
I am writing to share with everyone an astonishing example of a representative working at the USCIS's 1-800 inquiry line. When you call the number and inquire about a case, the representative always asks for your information: the law firm, law firm address, phone number, etc. I wrapped up the address with "Washington DC, 2XXXX," to which the rep responded, "Virginia". I asked if she said "Virginia", and told her I was in Washington DC. Then she asked, "West Virginia?" Incredulous, I spoke louder: "No, Washington, DC." After a few seconds of silence, the rep responded: "Oh... I thought you were talking about the capital..." "Yes, I am talking about the capital. And no, we are not located in Virginia, nor West Virginia" My mouth hanging open, I proceeded: "Washington is the city, and the District of Columbia, though not a state, is what you put under 'state' on your form. You work at the USCIS, and you should know this." I admit to being rude, but I was shocked beyond belief that someone representing the USCIS would function at such a level of ignorance on basic U.S. geography. It's a pitiful, terrible public relations display.


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Publisher:  Sam Udani    Legal Editor:  Michele Kim