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Immigration Daily

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Immigration Daily March 20, 2006
Previous Issues
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AILA 2006 National Elections

AILA announced the following 2006 nominations for Executive Committee positions:

  • President-Elect: Kathleen Campbell Walker
  • First Vice President: Charles H. Kuck
  • Second Vice President: Bernard P. Wolfsdorf
  • Treasurer: David W. Leopold
  • Secretary: Eleanor Pelta
We encourage Immigration Daily readers who are AILA members to vote in this year's elections. For the full list of nominees, including the list of Board of Governors nominations, see here on AILA's INFONET (AILA members only).

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:


Bitter Sweet Spot: Arlen Specter's Well-intentioned But Disastrous Immigration Compromise
Tamar Jacoby writes "There are few things more disappointing in politics than a well-intentioned compromise that falls short, solving nothing and satisfying no one."

Two Sides Of The Same Coin: The Connection Between Legal And Illegal Immigration
James R. Edwards, Jr. writes "Are massive legal immigration and massive illegal immigration related? If so, how?"


Notario Is Found To Engage In Unauthorized Practice Of Law
In The Florida Bar v. Varela, No. SC04-2334 (Supreme Ct. FL. Feb. 17, 2006), the court approved the report of the referee specifying Defendant's actions and found that Defendant engaged in the unauthorized practice of law.


Help Wanted: Immigration Paralegal
Exceptional and challenging career opportunities available for you at Fragomen, Del Rey, Bernsen & Loewy, LLP. The ideal candidate will work on site at a client in McLean, Virginia and must have 3-6 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. Send resume, writing sample and salary requirements (indicate Maclean, VA when applying) to Alaina Shneiderovsky:

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. Fragomen 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 (indicate Iselin, NJ position when applying) to Alaina Shneiderovsky:

Help Wanted: Immigration Paralegals
Siskind Susser, one of America's largest and best known immigration firms, is seeking experienced business and employment immigration paralegals in its Memphis headquarters office. Booming Memphis, Tennessee is one of America's most affordable and liveable cities. Candidates should have 3+ years experience and be strong writers. Siskind Susser was recently rated by Chambers and Partners as one of the top 15 immigration practices in the US based on our cutting edge use of technology and our strong reputations in the healthcare and entertainment immigration sectors. Evenings and weekends are rarely required, but we have a productivity bonus program that rewards people who voluntarily seek extra work. Benefits include health, cafeteria, retirement. Salary negotiable. Send resume to Greg Siskind at

Help Wanted: Immigration Attorneys
Hodgson Russ LLP seeks associates with five years progressively more responsible business immigration experience to join our Eastside Manhattan office (steps from Grand Central Terminal). The successful candidate will have demonstrated an ability to work independently, have worked on a wide range of business immigration matters, and have excellent communication skills. Send your resume and cover letter to Mary Kelkenberg at

Help Wanted: Immigration Attorney
Chicago, IL - Small, collegial Loop law firm seeks immigration lawyer with 2+ years experience in employment-based immigration: H-1B, L-1, E-1/2. Proven experience in labor certs and PERM are a must. Pension benefits; competitive salary. Please fax response to 312-357-0328 or email No calls please.

Help Wanted: Immigration Paralegal
Jenkens & Gilchrist, a large national law firm, currently has an opening in the Dallas office for a paralegal with 4-5 years of experience in immigration law. The ideal candidate will have an undergraduate degree, a paralegal certificate and experience in all facets of business immigration, including H and L nonimmigrant visa petitions, standard and PERM labor certification filings, I-140 visa petitions in all preference categories, consular processing and adjustment of status. Able to multi-task and work in a fast-paced environment. Non-exempt position, hours: 8:30am-5:30pm. Must be flexible for overtime. Will not relocate/local residents only. Send resume to Steve Ladik at

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 and Virginia Offices. 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 Paralegal
One of the Midwest's largest law firms has an immediate opportunity for an experienced paralegal to join its Immigration Department in Chicago, IL. The ideal candidate must possess: at least 3 years of experience in business immigration and consulate visa processing; excellent verbal and written communication skills; exceptional organization skills; effective teaming skills; self-motivation; and, the ability to perform multiple tasks in a fast-paced environment. Bachelor's degree preferred. Excellent work environment, competitive salary and benefits. Visit Submit resume, writing sample and salary requirements to Debby Usher at:

Labor Certification Advertising/Recruiting
Adnet Advertising Agency Inc. has provided labor certification advertising services to immigration attorneys since 1992. Adnet helps attorneys find appropriate places to run labor cert ads, places the ads, obtains the tearsheets, and offers a variety of billing options. Attorneys can manage the entire ad process through Adnet's secure web-based Ad-managment system. Most of Adnet's services are free since we receive a commission from the newspapers and journals where the ad is placed. Adnet services large international law firms as well as solo practice attorneys. Call us at 212-587-3164, visit, or email us at Contact us today to find out why we are the ad agency of choice for immigration attorneys since 1992.


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

Submit Your Announcement
If you have a professional announcement such as: New Position, Honors And Awards, Mergers & Acquisitions, New Office Address, New Appointment, New Associate, New Attorney, New Partner, 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). Many letters to the Editor refer to past correspondence, available in our archives.

Dear Editor:
Mr. Alexander's letter (03/17/06 ID) makes the assumption that the delays and problems in processing immigrant visas are due to capacity constraints. This is simply not correct. The high number of applicants does not affect Mr. Bossler and his wife because they are in a different category, with fewer numbers of applicants. The multi-year delays are experienced in categories for more distant relatives. The amnesties also ran on a different track. The real explanation is that the USCIS treats each application differently according to the nature of the stakeholder. An H-1B non-immigrant visa can be approved in a question of a couple of months, or weeks if "premium" fees are paid. Businesses would not tolerate otherwise. A Cuban arrived to US shores will get his "greencard" in a year. The powerful South Florida Cuban lobby would not accept any delays. Unfortunately, the average US citizen, or even worse a foreigner, will be discriminated against and can only expect mistreatment and delays. The numerical caps are one thing, whether reasonable or not, but the unduly discretionary treatment of applications by USCIS is something the US taxpayer should not accept anymore.

Washington, DC

Dear Editor:
Rmccour's letter (03/17/06 ID) does not give details as to how the mentioned hard working, taxpaying, formerly legal persons became "undocumented". A common method which is rampant involves a legal visa with fraudulent intent to overstay. Despite billions spent on legal immigration and illegal invasion, more than any other country, for some it is never enough. As many point out, including the letter preceding his and was the point of my letter and ID's comment (03/l5/06 ID), the primary "incompetency" of the system can be attributed to the millions who clog and attempt to evade, fool and take advantage of the procedures and policies which were designed for limited numbers, all at the expense of the legitimate entrants. To blame the system under these circumstances has some similarities with the Mendez brothers asking to be excused from killing their parents because they were orphans. Besides, there is no excuse for being undocumented with the large number of underground "paper mills" providing any kind of "documentation" needed. Granting amnesties, not securing borders and lax enforcement has led to these problems. Many of the same people responsible for this mess now claim to have a solution, not unlike the 9/11 catastrophe where lax entry policies were taken advantage of.

R. L. Ranger

Dear Editor:
I think everyone agrees, immigrants are needed in all aspects of American life. The only immigration issue that should lead to discussion is that of illegal immigrants. Close the borders more efficiently, and send anyone being caught, back where they came from. Then when things have successfully slowed down, the INS can then pay attention to the many legal, tax paying, law abiding immigrants, and clear up the backlogs in the system. Backlogs that hold legal immigrants back from being even more valuable to the American society. When this is cleared up, time can be spent on deliberating what should be done about all the illegal immigrants that are already here, and possible ways of making immigration to the USA legal for all who match a required criteria to immigrate. It is time to stop giving illegal immigration preference over legal immigration.

Linda Cogill

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