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Immigration Daily

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Immigration Daily March 9, 2006
Previous Issues
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The Pulse

AILA recently launched, "The Pulse: AILA's Capitol Beat", a resource for immigration advocacy. Each week, The Pulse provides readers with an update of events on the Hill, a call to action on specific immigration policy issues, and a listing of current lobbying events and conferences nationwide. We laud AILA for bringing this timely information to AILA members and the immigration law community.

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


Complex Issues In Adjustment Of Status

ILW.COM is pleased to announce a 3-part telephonic seminar on complex issues in Adjustment of Status. The curriculum is as follows:

FIRST Phone Session on Mar 23, 2006: Employment-Based Adjustment

  • Refresher - INA 245(a)(3) & the Visa Bulletin
  • Retrogression - What caused this train wreck? Any legislative relief coming?
  • Effect of Retrogression on how Child Status Protection Act works - Scenarios
  • EAD and Adv Parole renewal issues - 485s transferred to district offices
  • Transferring I-485 between I-140s - effect of retrogression and the May 2000 memo
  • Maintenance of H-1B Status - discussion of AC21 104(c) as alternative to AC21 106(a); pending I-140 situations.
  • Portability and Retrogression - Scenarios
  • Portability Updates - May 12, 2005 Yates memo & USCIS Adopted Decision dated October 18, 2005

SECOND Phone Session on April 20, 2006: Family / Diversity Visa

  • Direct Filing (Lockbox) Updates - problems and recommendations
  • V visa update - one year after Akhtar
  • Who does Akhtar not cover?
  • VAWA Adjustments - procedures and tips
  • Discussion of DV Lottery adjustment procedures & issues
  • Security Name Check problems & resolution - Mandamus?

THIRD Phone Session on May 11, 2006: Adjustment in Removal Proceedings / Refugee/Asylee Adjustments

  • Latest on Arriving Aliens - Succar v. Ashcroft - Discussion on the Federal Circuit Case Law & Splits
  • Latest in refugee & asylee adjustments practice - changes and guidance from USCIS
  • REAL ID - Lifting of the asylee adjustments cap & continuing validity of the Ngwanyia settlement
  • Update on Multiple-year EADs
  • Post-Adjustment issues for Refugees/Asylees - use of refugee travel documents and question of travel back home to country of persecution
The deadline to sign up is Tuesday, March 21st. For more info, including speaker bios, detailed curriculum, and registration information, please see: (Fax version:


Green Cards Through Investment Typically In Less Than A Year
Mark Ivener writes "Since this regulation first became law in 1990, EB-5 case adjudications have gone through several modifications, withdrawals and other hiccups before implementation of the latest statute in 2002."


Disbarment Order Creates Rebuttable Presumption
In re Anthony E. Ramos, Attorney, No. 23 I&N Dec. 843 (BIA 2005, Nov. 15, 2005), the Executive Office for Immigration Review of the Board of Immigration Appeals said that "under the attorney discipline regulations, a disbarment order issued against a practitioner by the highest court of a State creates a rebuttable presumption that disciplinary sanctions should follow, which can only be rebutted upon a showing that the underlying disciplinary proceeding resulted in a deprivation of due process, that there was an infirmity of proof establishing the misconduct, or that discipline would result in injustice."


Help Wanted: Immigration Professional
AIESEC has an immediate NYC opening for a visa program manager position. Responsible for all aspects of Exchange Visitor Program (EVP+). The EVP+ program rapidly provides immigration attorneys and corporations with a fast, high quality J-1 sponsorship alternative. Work with 100+ immigration attys and company HR reps to sponsor individuals on J-1 training visa. The manager reviews and sponsors hundreds of individual applications on J-1 training programs. Must have customer relationship management skills and experience; motivated self-starter, with excellent follow-through skills, who can work independently; exceptional communication, organization, and analytical abilities; legal or immigration background, experience and knowledge a plus. Business hours are 10-6pm, some wkends on as needed basis. Medical, dental offered, salary negotiable, DOE. Send resume + cover letter to Christopher White:

Help Wanted: Immigration Attorney
Well established Midtown New York City firm has an opening for an attorney with experience in immigration related litigation, including handling defense of aliens before Immigration Court, the BIA and the US Courts of Appeals. The firm represents corporate and individual clients in all aspects of the immigration process. Individual will concentrate on litigation side of practice but will also be involved in non-immigrant appeal work and brief writing. Candidates should have 3 to 5 years experience. Salary commensurate with experience. Submit resume + cover letter stating salary requirements and a circuit court writing sample in confidence to Steven Weinberg:

Help Wanted: Immigration Attorney
Midtown NYC- 13 person fast paced, leading immigration law firm seeks lawyer with 3+ years of business immigration experience handling full range of diverse nonimmigration & immigration matters. Must have excellent writing, communication and organizational skills. Competitive compensation package offered. Please submit cover letter & resume to Marcia Needleman:

Help Wanted: Immigration Attorneys
Berry, Appleman & Leiden LLP, a global corporate immigration law firm, is seeking experienced attorneys with a minimum of three years practicing business immigration law, for our San Francisco Office. Our attorneys work in a fast-paced, high volume practice and utilize carefully developed procedures, advanced practice tools, and a state-of-the-art case management system. Experience in a range of business immigration matters, the ability to provide exceptional client service, experience managing teams of legal assistants, and superb analytical, organizational and case management skills required. We strive for excellence in legal practice in a collegial environment, promoting cooperation and learning from each other. We offer competitive salary and benefits. Please submit your resume via email to or by fax to 415-217-4426.

Help Wanted: Immigration Paralegals
Greenberg Traurig has openings in its Tysons Corner, VA location for entry-level business immigration paralegals. Qualified candidates must have a minimum of 6 months-1 year of experience preparing nonimmigrant work-related visas (e.g., H-1B visas). Associates Degree or equivalent is required. Must be very organized, detail oriented and able to work independently. Must possess excellent computer skills as well as strong written and verbal communication skills. Competitive benefits and compensation package offered. Send resume and cover letter with salary requirements to Greenberg Traurig is an Equal Opportunity Employer.

Help Wanted: Immigration Attorney
Tindall & Foster, P.C., an established immigration-only practice in Austin, Texas is seeking an experienced immigration attorney. The successful candidate is expected to possess 2-5 years experience in employment based immigration law. Exposure to comparative international law or non-US immigration law is a preferred qualification. Tindall & Foster, P.C. has been practicing immigration law since 1973. The Firm has offices in Austin and Houston and continues to expand. Please visit and for more information. 401(K), medical and dental offered. Salary commensurate with experience. Experienced candidates may submit resumes and salary histories to

Help Wanted: Immigration Paralegal
Exceptional and challenging career opportunities available for you at this prominent global immigration law firm in Iselin, NJ. The ideal candidate must have 2 + years of exp. in business immigration, possess excellent verbal and written communication skills, and the ability to perform multiple tasks in a fast-paced environment. College degree, MS Word and Windows 2000 required. The Firm offers highly competitive salaries and excellent growth opportunities. We are conveniently located minutes from the train station and are approximately a 40 minute train ride from Manhattan on NJ Transit. Submit resume, writing sample, + salary requirements to Alaina Shneiderovsky:

Help Wanted: Immigration Paralegal
Tucson, AZ - Wolf & Sultan P.C., an AV-rated firm seeks business immigration paralegal with experience preparing TN, H, L and PERM cases. Friendly, relaxed small firm environment. Excellent drafting/communication skills required. Competitive salary and benefits package. Please send resume to Tarik Sultan: or fax to (520) 882-2929.

Help Wanted: Immigration Paralegal
AmLaw 200 law firm based in Chicago, IL requires the temporary services of a senior paralegal for a six month period. The candidate must have at least five years of business immigration experience, including extensive experience with the new PERM system (PERM experience and knowledge is a requirement); EB-1, 2 and 3 matters; and experience with H, L, E and O visas. Minimum requirements include at least a bachelor's degree, and excellent English writing, research and communication skills. Send cover letter and resume to: Gina L. Grunloh, Vedder, Price, Kaufman, & Kammholz, P.C. at

Help Wanted: Immigration Attorney
Laner Muchin in Chicago, IL, one of the nation's oldest labor law firms, seeks an experienced immigration attorney with excellent academic credentials, 3-5 years substantial experience in all aspects of employment-based immigration and strong case management, and communication and writing skills. Ideal candidate must be client-service focused and able to thrive in challenging and fast-paced environment of congeniality and respect. Laner Muchin successfully recruits quality candidates on a national basis. We provide opportunities to handle challenging responsibilities and exciting projects; offer highly competitive salaries and benefits; informal unpretentious office atmosphere; and demonstrate an excellent record of elevating associates to partnership. E-mail cover letter + resume to Affirmative action/equal employment opportunity employer. Women and minorities are encouraged to apply.

Help Wanted: Immigration Paralegals
Laner Muchin in Chicago, IL, one of the nation's oldest labor law firms, has openings for full-time immigration paralegals. Our paralegals have the opportunity to contribute to a growing immigration practice and do challenging work. The ideal candidates must have at least one year of substantial experience in employment-based immigration, be highly motivated, detailed-oriented and have outstanding communication, case management, computer and people skills. College degree preferred, foreign language fluency a plus. Competitive compensation package and excellent benefits offered. E-mail cover letter + resume to Affirmative action/equal employment opportunity employer. Women and minorities are encouraged to apply.

Credential Evaluation And Translation
As the nation's leader in foreign credential evaluations and translations, American Evaluation and Translation Service, Inc. (AETS) provides the most competitive rates in the industry $50 educational evaluations, as well as $200 'expert opinion' work experience and position evaluations completed by PhD university professors who have the "authority to grant college level credit for work experience and/or training." AETS offers a variety of turn-around times, including same-day service for educational, work experience, and position evaluations. For list of rates and times, see: AETS also provides certified translations in 100+ languages, with translators that are specialists in 80+ fields. For a copy of the Application for Credential Evaluation and Translation Services, please contact AETS at (786) 276-8190, visit, or email:

Immigration Law Conference
The 29th National Legal Conference on Immigration and Refugee Policy "Future Shock: Perspectives on Comprehensive Immigration Reform" will be held on March 23-14, 2006 in NYC. Presented by the Center for Migration Studies, in association with the Fordham School of Law (ILW.COM is the media sponsor for this event). The conference will offer an insider's look at the policy and politics in the growing debate on comprehensive immigration reform. Immigration professionals, gov't officials, HR professionals, and non-profits should not miss the chance to hear noted experts speak on topics such as border control, prospects for a guest worker program, internal worksite enforcement, and many other business, family, and asylum issues. Opportunity to interact with key policymakers at this unique international event. Participants are eligible for up to 9.5 credit hrs. Discounts are available for students, nonprofits and government employees. For more info, see here.


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

New Offices - Jacksonville, FL
Kendra L. Bunn is pleased to announce a move to new offices. Ms. Bunn has seven years of experience in employment and family-based immigration cases. She has substantial experience in complicated adjustment cases and complicated military cases. She is also counsel to several universities in the region. Ms. Bunn has served as the AILA regional vice-president for North Florida and as the Jacksonville CIS district liaison for the past few years. The Law Office of Kendra L. Bunn, 4720 Salisbury Road, Jacksonville, FL 32256. Tel: 904-493-6101.


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:
This office received a denial of a PERM application due to the fact that the application was filed 183 days after submission of the Work Order to the SWA? (see 03/08/06 ID comment) We can find nothing in the regulations that state you must file the application within that type of time frame. Has anyone else had this type of denial?

Roy E. Schremp, The Law Office of Dennis M. Clare
Louisville, KY

Dear Editor:
Sebastian's letter to the Editor (03/08/06 ID) is making the presumption that illegal aliens are actually paying their taxes therefore they are owed their Social Security contribution. Statistics have repeatedly shown that there are far more tax evading illegal aliens in our midst than law abiding taxpayers. Tax evasion to me is unconstitutional.


Dear Editor:
First, in response to Mr. Heid's letter (03/08/06 ID), if a company cannot do business under the laws of this country, by employing legal residents of this country, then they don't deserve to be in business. There's no "right" to succeed as a business in a capitalist society. Why is it that we subsidize agriculture through earmarks and direct subsidies when agricultural products could be imported from abroad? Why is it unreasonable to also do away with labor subsidies to agriculture? As for Sebastian's letter (03/08/06 ID), his letter is under the mistaken impression. Depite media "accounts", Social Security (SS) isn't a personal savings account; it's a type of "insurance". I as a citizen without dependents do not pass on to my estate what I paid into SS over the 40 or so years that I've worked if I die before I can collect. Aliens gamble on being able to collect if they work here long enough, just as I gamble on living long enough to collect. To not require aliens to pay SS would be discriminatory, particularly since employers also contribute to SS on behalf of the employee. Nor does one need be a citizen of the US to receive SS. One need have only 40 quarters of qualifying work. Green card holders and the like could thus qualify, as do H1-Bs if they're here long enough. Illegal aliens who have legalized have also been able to have money contributed under fake SS numbers counted toward their retirement. We have a number of totalization agreements with other countries which allow work in both countries to be counted toward retirement. Even the GAO has recognized that including legalized illegal aliens from Mexico in the System would quickly add beneficiaries many times the number of what we already pay to beneficiaries from all of the approximately 20 other countries with whom we have totalization agreements.

Ali Alexander

Dear Editor:
In response to comments on my article (03/01/06 ID), let me reply to Mr. Alexander's letter (03/07/06 ID). His letter asked whether Mr. Greenspan's comment considered the impact of illegal aliens on state finances. Yes. Mr. Greenspan stated that immigrants, including undocumented workers, donate $27B to state and local economies. Mr. Alexander's letter fails to see how millions of poorly educated and unskilled workers would be able to replace retiring more skilled and educated US workers. DOL states 33+ million new job openings are being created in this country between 2000-2010 in occupations requiring little/moderate training. The coming labor shortage is not only of knowledge persons, but also of manual laborers. The undocumented are usually among the more ambitious and enterprising people of the countries that they leave, having the initiative to strike out for a new life rather than remaining in their routines back home. Short of a major increase in immigration, according to Mr. Greenspan, economic growth cannot be safely counted upon to eliminate deficits. Among others, the Employment Policy Foundation, a conservative think tank, predicted a shortage of 35M workers by 2030; and the Conference Board, a NY-based economic research group, predicted a 31M worker shortfall. Mr. Alexander's letter must remember that SS benefits are not reachable for most until the age of 62 and the Welfare Reform Act of 1996 expressly prohibits SSI benefits to permanent residents. Without a massive number of new workers at the bottom of the SS pyramid supporting the large class of retiring baby boomers, the SS system will likely go bankrupt in the future. It is not for the purpose of giving cheap, subsidized labor to Employers that this country needs many more workers - it's for the betterment of this country and the future that we leave to our children and their children.

Alan Lee, Esq.
New York, NY

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 1999-2006 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