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Immigration Daily

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Immigration Daily April 12, 2006
Previous Issues
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Border Fence Hurts Wildlife

According to a National Geographic report, "As the US government debates major immigration reform, environmentalists warn that the proposed laws would also prevent animal migrants from crossing the country's southern border." For the full story, see here.

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


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: (Fax version:


How Anti-immigrant Laws Carry Un-American Ideas
Jason Jaewan Lee writes "As in generations past, undocumented workers face a new era of crisis, embodied in a new bill. There are no such things as illegal immigrants, just illegal institutions and laws."


US Creates Deploys Task Force In 10 Major Cities To Combat Immigration Fraud
Government officials announced the creation of task forces in 10 major US cities to combat the growing problems of document fraud and immigration benefits fraud.

USCIS Announces New National Security And Records Directorate
USCIS Director Emilio T. Gonzalez has established a new operational Directorate, National Security and Records Verification.


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:, 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

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

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:

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 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 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 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:

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

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: Readers interested in learning about featuring your event or conference in Immigration Daily, see here.

Public Policy Event
The Migration Policy Institute is pleased to announce "Current Challenges to Protection" on April 12, 2006 8:30-10:00 a.m. at Migration Policy Institute, Conference Room, 1400 16th Street, NW, Suite 300. Speaker: Erika Feller, Assistant High Commissioner for Protection, UNHCR, Moderator: Kathleen Newland, MPI Director. Ms. Feller, who formerly served as UNHCR Director of International Protection and was appointed as the Assistant High Commissioner to demonstrate the UNHCR's firm commitment to protection as its core mandate, will discuss UNHCRs concerns about new US laws and regulations that affect asylum seekers and refugees. RSVP at or call 202-266-1929.


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:
Serious action is being taken for immigration reforms. But, on the other hand why the cases of immigration are being delayed those who are waiting for thier priority dates since 1996. In our case, my son crossed 21 years when our turn came in 1996 under the family-based immigration category on the basis of our relation's petition filed in 1984. Since he was over 21 years, we are to file his petition again in 1996 for which we are still waiting for periority date. Although 22 years have been passed in total but still we stand nowhere. My reguest is that such cases may also be taken in reforms so that law abiding people may also get justice.

R. Pal

Dear Editor:
Our family came to this great country as legal immigrants and now we are all proud to be US citizens. I strongly oppose the on-going amnesty-minded immigration "reform" and I am extremely upset by the country-wide protests. No matter how big the masses the organizers can gather, it does not mean that they are right. (1) This is a country of law and order; we should all play by the rules. If a rule is not right, change the rule. If under current laws someone crossed our border illegally, call it illegal and handle it accordingly. (2) The fact that our government has no way to deport the 12 million illegal immigrants does not justify an amnesty that will only encourage another 12 million to pour in (3) How do you feel to see people protesting in this English-speaking country against our government by chanting in another language? (4)Our politicians should vote not for convenience but for principle.

A Reader

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