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Immigration Daily April 10, 2006
Previous Issues
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Comment

Mexican American Perspective

"Mexican Illegal Aliens: A Mexican American Perspective" reportedly provides the first comprehensive, Mexican American historical perspective of the Mexican illegal immigration to the US during the last 50 years. Professor Canul, in this substantial, well-documented and impressive socio-political and economic analysis, focuses on the difficult and challenging motives and experiences of Mexicans illegals who have settled in the U.S. since 1920's. For more info, including how to buy the book, see here.

We welcome readers to share their opinion and ideas with us by writing to editor@ilw.com.


Focus

Whats New In Consular Processing: NIVs, IVs And Waivers

The curriculum for Whats New In Consular Processing: NIVs, IVs & Waivers is as follows:

FIRST Phone Session on April 27, 2006: NIV Issues

Third Country National NIV Applications In Canada And Mexico

  • Border Posts: overview of who can and cannot apply.
  • Rationale for limitations on who cannot apply.
  • Appointments always necessary.
  • Necessary forms: DS-156, DS-157, and DS-158.
  • At which posts can List of 26 and T-7 apply?
  • Is there a case for a TCN not applying in Canada or Mexico, if eligible to do so?
  • Border Post review of right to counsel at visa interviews.
  • Circumstances under which an applicant not issued a visa at a border post can return to the United States.
Home Country Visa Applications
  • Appointments almost always necessary. Check waiting times on DOS and consular post website for details.
  • Research post policies, personnel and local red flags.
  • CIS approved petitions (H, L, O, P) are not a promise of a visa.
  • Prepare the client for the interview and ensure visa applications are completed accurately and completely.
  • Documents applicant should bring to the interview.
  • Waiver of personal appearance.
  • What to do when there is a glitch at the visa interview:
    • Security clearances, NCIC Checks, and Hits in the Database: the applicant forgot about the arrest for pot or shoplifting 30 years ago.
    • Petition Issues: Job Inflation and Skills Tests - does the job exist and can the employer afford to pay the wage?

SECOND Phone Session on May 18, 2006: IV Issues

Considerations in Consular Processing.

  • Unlawful presence and effect on application
  • Risk that the applicant's visa and/or immigration history may result in delay or denial.
  • Readjudication of labor certifications, visa petitions and qualifications of applicant.
  • Considerations in consular policies in processing employment-based immigrant visas on the basis on an original notice of approval of the I-140 and consular acceptance of third country national immigrant visa cases, per DOS Cable 180792, "Processing I-140 Petitions for Applicants Residing in the U.S."
    • Which DOS posts accept? Refuse? Which are undecided?
    • Processing an IV on the basis of an original notice of approval can save years of waiting. What can attorneys do to increase consular receptivity to such processing, particularly where there are no fraud indicators (Cases with low/no fraud indicators.)
"Following-to-join" issues.
  • Documents to file with the consular posts.
  • When can principal alien's entitlement to LPR status be readjudicated at the IV interview of the "following-to-join" spouse or child?
  • When may the IV issuance be properly delayed and for how long? (Issue arises in Manila when principal alien adjusted status as a nurse; Issue arises when principal alien adjusted status as an asylee or through legalization; Issue arises when consular officer questions whether principal alien in F2A (unmarried minor child) and F2B (unmarried, adult son or daughter) cases is maintaining his/her principal place of residence and domicile in the United States at the time of the interview.)
Considerations in family-based petition cases.
  • When blood relationship questioned, may attorney insist on DNA test and through what mechanism? Often much time would be saved through DNA testing, particularly when the alternatives are returning an approved petition to CIS and/or awaiting the outcome of a local investigation.
  • Strategies to resolve relationship questions locally in lieu of petition return to CIS.
  • I-864 issues (E.g. Whether petitioner "resides" in the United States.)
Processing of an "Age-Out" Case.

Processing of a Child Status Protection Act (CSPA) Case.

"Portability of an approved alien labor certification and I-140" to immigrant visa processing.

THIRD Phone Session on June 1, 2006: Waiver Practice in Consular Processing

Nonimmigrant Visa Waivers of Inadmissibility.

  • General Issues:
    • Who is eligible for a 212(d)(3) waiver?
    • Which grounds can be waived?
    • Which grounds cannot be waived?
    • The life of a waiver.
  • Procedures for requesting a 212(d)(3) waiver.
    • Request made to consular officer after refusal.
    • Consular officer can either recommend or refuse to recommend to overseas DHS office that a waiver be granted.
    • DHS has final authority to grant or deny waiver.
    • Appeal procedures if consular officers refuses to make favorable recommendation and winning strategies.
  • Processing Times and Procedures.
    • When the waiver request must or may be sent to the Visa Office by the consular officer.
Criteria considered in waiver request/approvals.
  • Matter of Hranka effect?
  • How big, how bad and how long ago was the prevarication?
  • How long ago was the conviction and how serious was the crime?
  • Evidence of reformation and remorse.
  • Purpose of trip. Does life-saving medical treatment trump a trip to Disneyland?
  • Consular officers are directed to apply a balancing test; weighing the equities against the negative factors. How this works in practice.
Immigrant Visa Waivers of Inadmissibility
  • General Issues
    • Who is eligible for a waiver?
    • Which grounds can be waived?
    • Which grounds cannot be waived?
  • Procedures for requesting a waiver.
    • Form I-601 filed with consular officer for most grounds.
    • Consular officer must forward I-601 to DHS office overseas for adjudication.
    • Fingerprints and G-325A often required.
    • Send client to IV interview fully documented with respect to both possible grounds of ineligibility and reasons why waiver should be granted.
Coming to America when a visa isn't issued.
  • Humanitarian Parole
  • Visa Waiver at port-of-entry
  • 212(d)(4) waiver at land border port of entry

The deadline to sign up is Tuesday, April 25th. For more info, including speaker bios, detailed curriculum, and registration information, please see: http://www.ilw.com/seminars/april2006.shtm. (Fax version: http://www.ilw.com/seminars/april2006.pdf.)


Article

The Size and Characteristics of the Unauthorized Migrant Population in the U.S.
Jeffrey S. Passel of Pew Hispanic Center writes "Based on analysis of other data sources that offer indications of the pace of growth in the foreign-born population, the Center developed an estimate of 11.5 to 12 million for the unauthorized population as of March 2006."

What's FAIR Got To Do With It?
Tom Barry writes "Established in 1979 by zero-population-growth advocates and cultural supremacists, FAIR has stood in the forefront of the anti-immigration forces, working at both the national and local levels."


News

DOS Final Rule Requires Background Checks For Program Sponsors
The DOS final rule, effective May 4, 2006, requires program sponsors to complete criminal background checks for officers, employees, agents, representatives and volunteers acting on their behalf and require monthly contact with host families and students.

Supreme Court Grants Certiorari To Two Cases On Aggravated Felony
The Supreme Court granted certiorari to two cases to resolve the Circuit split on the issue of whether state drug convictions considered a misdemeanor under federal law qualify as an "aggravated felony" for purposes of immigration laws.


Classifieds

Help Wanted: Immigration Paralegals
Immigration attorney seeks experienced immigration paralegals for its Paterson, NJ office. Ideal candidate must have experience working in an immigration law firm; possess excellent verbal and written communication skills, and the ability to perform multiple tasks in a fast-paced environment. Excellent benefits including medical, dental. Friendly office environment. Send your resume to Melinda Basaran at: melinda@basaranlaw.com, or fax 973-345-6888.

Help Wanted: Immigration Paralegal
Exceptional and challenging career opportunities available for you at Fragomen, Del Rey, Bernsen, & Loewy, a prominent business immigration law firm. Ideal candidate will have 2+ years of business immigration experience (NIV and IV) and will be able to work in a high-volume case-processing environment. Candidate will have extensive client contact and will utilize case management and billing systems to prepare, track, and manage cases in process with the benefit of attorney supervision and guidance. College degree, MS Word, and Windows 2000 required. Fragomen offers highly competitive salaries and growth opportunities. All qualified candidates interested in working in our Dallas, TX office, please send resume + writing sample to tbernal@fragomen.com.

Help Wanted: Immigration Attorney
Midtown NYC - 13 person fast paced, leading immigration law firm seeks lawyer with 5+ years of business immigration experience. Handling full range of diverse nonimmigrant and immigrant matters. Must have excellent writing, communication and organizational skills. Competitive compensation package offered. Please email cover letter and resume in MS Word format to Marcia Needleman at mneedleman@levittandneedleman.com

Help Wanted: Immigration Attorney
Manhattan immigration law firm seeks immigration lawyer with 3+ years experience in corporate immigration law to handle a full range of immigrant and nonimmigrant matters. We require a person of recognized organizational, communication and technical skills to augment a high standard of client representation. E-mail resume with salary requirements and writing samples in confidence to Steven Weinberg: sweinberg@wildesweinberg.com.

Help Wanted: Immigration Attorneys
Houston, TX - The Law Office of Judith G. Cooper, P.C. seeks senior level associates with 5+ years' experience in business immigration law. Applicants must have prior work experience in H1B and nonimmigrant options as well as an in-depth understanding of immigrant processing procedures. Our attorneys work in a fast-paced practice with advanced practice tools and a state-of-the-art proactive case management system developed in house. We expect the attorney to supervise legal assistants and support staff and work with our IT development staff to continue improving our systems. Good writing and analytical skills required. Our location is adjacent to the famous Galleria shopping center in Houston. Family friendly and collegial atmosphere. Send resume + cover letter to Chuck Cooper at ccooper@immigration-visas.com or fax (713) 622-8078. All communication will be treated in confidence.

Help Wanted: Immigration Attorneys
Berry, Appleman & Leiden LLP, a global corporate immigration law firm seeks experienced attorneys with 3+ years practicing business immigration law for our San Francisco, CA and McLean, VA 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, 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 resume careers@usabal.com or fax 415-217-4426.

Help Wanted: Immigration Attorney
Reeves & Associates, one of the largest and oldest immigration firms in California, with offices in Pasadena, San Francisco, Manila and Las Vegas, seeks an immigration attorney for its Pasadena office. Ideal candidate should have one or more years experience in business immigration, exceptional writing ability, case management skills and ability to supervise support staff. R&A offers a highly competitive salary and benefits package including health, dental, vision, long term disability, Bar and CLE reimbursements, 401K retirement plan with matching dollars, commissions plus a yearly bonus. We have an experienced support staff, state of the art technology and extensive immigration library and resources. Excellent opportunity for career advancement. Send cover letter, resume, + salary history to hr@rreeves.com or fax (626) 795-4999.

Help Wanted: Immigration Paralegals
Prestigious Glendale law firm seeks immigration paralegal with at least 1 year experience in family and employment based petitions, and deportation/removal defense. Excellent English writing skills and attention to detail required. Must be computer literate. Knowledge of Filipino language a plus. Qualified applicants send resume to: paralegal@gurfinkel.com.

Help Wanted: Immigration Paralegals
Cella & Associates, LLC, a prominent immigration law firm, seeks experienced immigration paralegals for its Clifton and Cliffside Park, New Jersey offices. Ideal candidate must have experience working in an immigration law firm; possess excellent verbal and written communication skills, and the ability to perform multiple tasks in a fast-paced environment. E-mail your resume to JaysonDiMaria@cella-associates.com.

Help Wanted: Immigration Paralegals
The Law Offices of Darren B. Silver, a medium sized, well established law firm in Los Angeles, CA seeks full time, long term paralegals. Experience must be in business/employment petitions, such as H's, L's, p's and E's. Forward detailed resume regarding your specific experience. Ideal candidate will have at least two years of experience, is hard working, self-motivating, organized and enjoys a pleasant team work environment. Ability to speak Korean is a plus. E-mail resumes to Hiring Partner at: info@darrensilver.com or fax to: 213-384-8285.


comingsNgoings

Readers can share their professional announcements (100-words or fewer at no charge), email: editor@ilw.com. Readers interested in learning about featuring your event or conference in Immigration Daily, see here.

New Associates - Chicago, IL
Azulay, Horn & Seiden, LLC (AHS), based in Chicago, and with offices in Tampa, Florida and New York, New York, is pleased to announce that the following attorneys have joined the Chicago immigration law practice group: Christian Schmidt, Shannon M. Jackson and Sara E. Herbek. AHS is excited to welcome these individuals to a group that was recently ranked among the largest immigration law firms in the US. Ph 312.832.9200. www.ahslaw.com.


Letters

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

Dear Editor:
Having reviewed Immigration Daily's 4/07/06 ID comments about airport security and your insinuation of the uselessness of interior enforcement, ID appears to be advocating allowing people on airplanes without being screened while at the same time make mockery of the attempts of the hard working men and women of federal (and state) law enforcement. Your comments fall on the heels of likening the "Minutemen" to those in favor of slavery and your prior comments about immigration officers being like SS guards. One simple suggestion: replace your hyperbolic counterproductive rhetoric with facts.

Richard M. Wilner, Esq. Wilner & O'Reilly, APLC
Cerritos, CA

Dear Editor:
I am in no way sympathetic to the Minute Men 4/06/06 ID comment. However, I do question ILW.COM's characterization of the Minute Men as vigilantes. Definition wise, a vigilante is not someone who just takes the law into their own hands, rather the definition is of one who takes the law into their own hands for vengeance and with violence. ILW.COM, nor any other source that I have seen cites a single instance of this group exercising violence or vengeance. Although I disagree with what they are doing, every report I have seen, including from those who disagree with them, documents that they do not act in a violent manner nor do they harm those they are observing. Much of the problem with the immigration debate is that both sides refuse to listen to the other and insist upon hurling verbal bombs and epithets at the other. The cold hard fact is this, our immigration system is broken and millions of aliens are flouting our laws. As a country of laws, that is a problem. We on the "pro" immigration side need to recognize that the "other" side has some legitimate beefs and figure out how to have a win win solution. The other cold, hard fact is this, we have have been losing the political battle for the past 10 years. The formulas and strategies that the "pro" side has employed have been political dogs. Maybe instead of just concluding that the other side is an idiot we need to figure out a better way. And I truly do not believe that unfounded labels and epithets are the better way.

Bryan Scott Hicks, Esq.

Dear Editor:
Regarding, 4/06/06 ID comment, ILW.COM should not get into the tit for tat rhetoric of FAIR that is distracting, divisive and often nauseates the middle of the road voters, and potential supporters, among others. Minutemen really are not the issue. The facts are persuasive enough to encourage passage of the McCain Kennedy Bill. We need to encourage more to send letters, not make it sound like we are in a name calling competition. If we fixate on the Minutemen or the other cast of characters does no good. It simply turns off those who might otherwise send e-mails and make phone calls to Congress. We want a "lawful solution," which means repealing some laws and encouraging other laws. It means organizing not distracting communities. We must entice them repeatedly appear in Washington, D.C. over and over and over, again, until finally the House of Representatives retreats from its ridiculous position and starts to enforce the 1986 laws or simply repeals those laws. If the House could properly fund and enforce IRCA, then I think that it might be repealed sooner than we think. If we encourage funding to go into IRCA enforcement, then Congress will end up upsetting the business community enough, so that it invests in reasonable candidates. Both AILA and the anti-immigration folks have pitifully underestimated the unlawful immigrant community and that is no surprise. If the Senate passes and the House rejects, which has been the tendency in Congress, then McCain-Kennedy is going to go the way of the DREAM Act.

Name Of Attorney Withheld

Dear Editor:
The following is a brief obituary for Gordon G. Dale (1918-2006), who was a first a member of the New York Bar, then the California Bar from 1947 to the present, with a speciality in immigration law. Transitions: Cornell Law School 1947, Harvard Business School 1943, US Navy and Naval Reserve 1942-1978 retired Commander, member NYS Bar 1947, CA State Bar 1947-, United States Supreme Court Bar 1971 - Rosenberg v. Yee Chien Woo, 402 U.S. 49 (1971), AILA, President in 1971, Guest Professor - Western Law School, San Diego, CA (1970-1971); UC San Diego Law School (1970), Long Beach Naval Reserve Officers Schools, Long Beach and San Francisco. Gordon was fired by empathy borne of his own father's immigration to the US in 1899 and a passion for championing the underdog. He took an academic delight in "mulling" over a hopeless case to come up with the "mot juste" in just the right brief to pull a solution out from under the INS nose. In short, Gordon lived and loved the law and the life he could bring to others. We trust he is even now petitioning the officials of another even more sought-after Immigrant Land - using his expertise to gain entry for all those in need of his insight and eloquence. We wish him every success.

Gabriela Wood Coo, Dale and Coo, Attorney At Law
Santa Ana, CA

Dear Editor:
It’s interesting that some letters participants spew curses at ILW.COM when they read something they don't like (minutemen) (see 04/06/06 ID comment), while others voice their point of view in an educated and constructive and civilized manner. These people turn to guttural language because someone dared to have a viewpoint different than them. Is this in the true American spirit they are sputtering garbage about? While it is true that lawyers make money when an amnesty or any other type of program is instituted, I have been very surprised to read the various letters from attorneys espousing the law and how people should obey it. Even though, if all people obey the law, there would be less work for attorneys and enforcement entities. But because they don’t, attorneys and others have work. How did we get into the immigration mess? We’ve always had it. The majority of people from Mexico don’t come over here because they’re in love with the U.S. and they’re willing to become citizens because they love this country. They come here for economic reasons. Immigration is a hot potato. As long as Congress can brush it under the rug, nobody really cared. After all, they weren’t hurting anybody (and they were so handy to work around the house, labor, and farm work very cheaply) and they are a growing voter base. Plus, a lot of "Americans" benefit from their cheap labor. The last amnesty was a nightmare. It was full of fraud. INS had to bring in retired Border Patrol people to adjudicate petitions which contributed to the fraud. If we have another amnesty, again, the government does not have the manpower to properly handle it. They are already overwhelmed.

Ben

Dear Editor:
Ever since I was a kid, Latinos (then called Mexicans) were nice people. Our country says they don't believe in discrimination, but that includes people from all 168 countries in the world. Latinos were for 2 decades 90% of immigrants into the U.S. Letting 90% in is like respecting Latinos like Hitlers superior race, not giving a chance for others who have been patiently waiting, legally, for decades for permission to enter the U.S. We have a defense department that is apparently blind to letting millions walk in illegally. Who are they protecting? Certainly, not the people. As for our Congress, they have an oath to uphold the U.S. Constitution which includes insuring the US of of the United States people,of the people, by the people, and for the people.

David Utterback

Dear Editor:
I would not know how to label my feelings with regards to my attempt to become a legal resident in the US; I feel a mixture of amazement, frustration, defeat, when I hear that Congress is about to pass laws that would provide legal status to 10+ million illegal undocumented workers while many have to wait in line with little hope that their petition to become a lawful immigrant will be processed. I fail to comprehend how undocumented workers are given an advantage on the road to become a permanent resident over workers who have maintained their legal status and are trying to become permanent residents using the channels provided by the Immigration Laws of the USA. Is Congress trying to convey the message that if I had entered illegally and managed to avoid deportation I would be on an express road to legalization, that people that broke the law are going to be rewarded while those who followed the legal channels will have to endure even longer wait times to obtain ther residence if at all? Those who are waiting for the processing of their immigrant petitions have not representation in Congress, while this year many politicians have made a great part of their agenda the issue of legalizing undocumented workers because of possible electoral gains. Can I still expect a fair treatment? In some countries if you work legally for several years you earn the right to permanent residency, here it does not matter how long you worked under the law but if you managed to hide for five years and can prove it with bills, letters, then you have basically gotten a free ticket to American citizenship. Fairness is such a rare quality in politicians.

Name Withheld Upon Request

Dear Editor:
ILW.COM seems to have neglected to mention the first Minutemen (ID 04/06/06 comment), those who rallied and fought for our independence as we know it today. It's a shame you only mentioned the negative position group of the same name. Did ILW.COM ever think maybe the new Minutemen are of the same high caliber of the earlier group? Thank God this country has so few of you. I can only imagine what kind of society we would be living in today. The Minutemen do the work our Lawmakers and Lawbreakers refuse to do. Instead of being part of the solution, ILW.COM's comment purely proves you are nonetheless part of the problem. Since the rights of illegals disturb you so much, perhaps you should go to their country of origin with them and help them get the rights they so justly deserve from their own nation instead of rattling law-abiding, hard working Americans cages. We've helped as much as possible but, apparently it's not enough. Todays, Minutemen are not cut from the same fabric as the pro-slavery groups of the past. As supposedly intelligent people of our society, you should see this clearly. Illegal means illegal, you of all people should know this. You should thank your lucky stars there is a group like the Minutemen. Much of the reason this situation has become so dire is because of those who represent us and allowed this wound to fester which also includes your group. Instead of backstabbing those who help protect you, why don't you use your energies better by standing by those who wish to keep our land strong and safe or is it safer for you to cower behind those who would perhaps do you harm in days to come?

Wilhelm Schundelman

Dear Editor:
I have no idea why ILW.COM keeps dropping me from receiving Immigration Daily. I have worked in the immigration field (a paralegal) for 27 years and am very interested in anything I can find out about immigration and what is going on and I've always found your publication to be very informative.

Alice Moran

Editor's Note: we have looked into your subscription and it was deactivated, almost certainly for technological reasons beyond our direct control. Your subscription to Immigration Daily has been reactivated. Immigration Daily never unsubscribes/subscribes without explicit consent.


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 editor@ilw.com. 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


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