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Immigration Daily

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Immigration Daily March 21, 2006
Previous Issues
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Mexico Advertising Campaign

According to an Associated Press report, "Mexico published advertisements in major newspapers in Mexico and in the US on Monday saying migrants should have the same rights as everyone else and calling it "indispensable" that the two countries reach a migration accord" (for the full story, see here). It behooves Mexico to consider the logical implications of the close relationship that it is seeking with the US - Mexico should not be just a fairweather friend, the US is right to expect that Mexican troops should shoulder some of the risk in Iraq. Likewise, those in the US who believe that such Mexican comment on the sovereign issue of immigration is unwarranted, should realize that Mexico is our neighbor and we should try hard to be friends with Mexico - and that includes seriously considering their message to us in the ads.

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


Deadline For Complex Issues In Adjustment Of Status Is Tuesday, March 21st

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:


AC21 Portability And Retrogression
Murthy Law et. al write "While certain risks do exist in using AC21 portability, it remains a very useful option for those impacted by retrogression and needing or wanting to change jobs."


Fact Sheet On Representation Of Aliens In Immigration Proceedings
The Executive Office for Immigration Review issued a fact sheet on representation of aliens in immigration proceedings.


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, labor certs, experience in PERM. Pension benefits; competitive salary. Please fax response to 312-357-0328 or email No calls please.

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 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:

EB5 Investor Program
A profit and a green card is a powerful proposition for your immigration clients. American Life Inc. (ALI) administers the oldest active USCIS-approved EB-5 Regional Center and is based in Seattle. A $525,000 cash investment in an ALI real estate limited partnership via the EB-5 Regional Center program offers speedy conditional green card approval, typically in less than 1 year; avoids quota backlogs; and grants your clients the freedom to work or retire anywhere in the US without being tied to a job/business. ALI's investors include immigrant applicants and private investors. ALI distributes profits monthly. Since 2003, ALI has 125+ approved I-526 applications, with 30+ investors having already received their conditional green cards. If you are an attorney interested in learning more about ALI's Regional Center Investment program for your immigration clients, call Mark Ivener, American Life's exclusive marketing representative for AILA at 1-866-767-1800. Generous promotional incentives are available to AILA attorneys for the referral of qualified investors. Mark Ivener has 35 years experience in immigration law and has represented numerous EB-5 Regional Center clients. Meet Mark Ivener and Jo Hwang, ALI Marketing Director at AILA's Annual Conference in San Antonio. Visit to learn more.


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

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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:
Sebastian's letter (03/20/06 ID) is wrong about my "assumptions". The reasons behind my comments about Mr. Bossler's letter (03/16/06 ID) have nothing to do with the "tracks" Sebastian's letter identifies, and everything to do with the numbers of applicants for immigration benefits, which are now many times what they have historiically been. A basic reality: you tell an already dysfunctional agency, with an obsolete computer system, that it must (1) set up rules to implement the various laws Congress passes, such as the 1986 amnesty, (2) develop processes and procedures to implement these rules, and (3) hire and train staff to do the processing. This must be done for each and every new "amnesty" or program that Congress passes, such as TPS or H1-B. I seem to recall reading that the DOL rules for the H1-B program alone took more than 2 years to develop. You then tell said agency that it must process half a million applications (roughly the number expected in 1986), but it gets almost 3 million, many times the annual number of immigrants at the time. In the following years, it then gets the naturalization applications of those amnestied and the applications from the relatives of those amnestied. Of course, in the meantime, the agency must carry out its usual services to other applicants. The result is precisely what a recent GAO report recognized happened in 1986, and will likely happen with an amnesty now: massive fraud, overlooked by an agency which was evaluated on processing applications quickly rather than thoroughly. And of course, eventual backlogs as the initial amnestied work their way through the system and sponsor others.

Ali Alexander

Dear Editor:
While the Senate is mulling over their immigration bill they should not lose sight of the distinction between illegal and legal immigration. There are thousands patiently waiting outside the US for their turn to enter the US legally and they should not be disrespected by a passage of any law that lets illegal aliens cut in front of them.


Dear Editor:
In response to ID's 03/17/06 comment), see S. 2454 - it appears that it already has legs. S.2454 Title: A bill to amend the Immigration and Nationality Act to provide for comprehensive reform and for other purposes. Sponsor: Sen Frist, William H. (introduced 3/16/2006).

Tony Weigel, Eisberg & Bordeau
Mission, KS

Dear Editor:
It is my opinion that no matter what bill is introduced after what President Bush proposed with a minor change in agenda that after six year those who are productive, established and with children in college should be given a chance for legal residency. This entails someone monitoring these particular programs for six years. This is what should be done. Futher, although I am late responding to ID's comment regarding repatriated pets (see 03/03/06). I believe if humans reached land, then one needs to see the correlation of the pet with the family and if the family is accepted, the pet should too.

Gladys Farris

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