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Immigration Daily April 24, 2006
Previous Issues
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304,374 Visas Issued To China Nationals

According to an Associated Press news report, "Chinese citizens received the highest number of US visas on record last year as China's economic power expanded, a U.S. Embassy official said Friday." For the full AP 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:


Silent Civil Rights Groups
Earl Ofari Hutchinson writes "The great irony in the gargantuan march of hundreds of thousands in Los Angeles and other cities for immigrant rights is that the old civil rights groups have been virtually mute on the explosively growing movement."

Tom Tancredo: Leader Of The Anti-Immigrant Populist Revolt
Tom Barry writes "Rep. Tom Tancredo, who has represented Colorado's Sixth District since 1999, has in the last six years succeeded in rallying an anti-immigrant populist revolt that brings together the nativists, religious right, cultural supremacists, militia movement, and anti-immigration policy institutes with a new anti-immigration wing of the Republican Party."


DOJ Immigration Litigation Bulletin: June 2005
The Department of Justice Office of Immigration Litigation released the June issue of its publication, Immigration Litigation Bulletin.

CA1: IJ Affirmed
In Builes-Vasquez v. Gonzales, No. 05-1799 (unpublished) (1st Cir. Apr. 17, 2006), the court affirmed the IJ's decision on substantial evidence grounds. Of note is that the petitioner didn't explain why he didn't just move inside the country, when he testified that he could travel unmolested within his country (courtesy of Appellate Law and Practice blog, S. Cotus on April 17, 2006).

CA1: Bankruptcy Chinese Style: A Cruel Asylum Tale
In Pan v. Gonzales, No. 05-1751 (1st Cir. Apr. 17, 2006). For those of you who loved the idea of bankruptcy reform, you should probably read this wonderful fact scenario: After an employee embezzled the business's proceeds, the venture failed and petitioner's father was left unable to pay off his outstanding loans. Su Fei Pan, however, brokered a deal to clear the father's debts. A wealthy Taiwanese man would pay off the debts if petitioner's father would permit the man to marry his daughter, petitioner's older sister. Petitioner's father agreed, but the sister, who was 19 years younger than the Taiwanese man, refused and ran away from home...A month later, in September 1999, Su Fei Pan attempted to broker the same deal but with petitioner taking the place of her older sister.... Su Fei Pan told petitioner that her older sister was waiting for her in a hotel in the city of Fuzhou (a two hour drive from her village). When petitioner entered the hotel room, she was grabbed by an older man, presumably the Taiwanese man, who then tried to force her down onto the bed. The facts only get worse, but the petitioner escapes, flees to the US, and it kept in jail for the next few years. Anyway, because she doesnt belong to a particular social group (i.e. young women from rural china dont count), the First affirms and sends her back to China, where, presumably her father will take advantage of credit counseling, or find another sister to sell (courtesy of Appellate Law and Practice blog, S. Cotus on April 17, 2006).


Help Wanted: Immigration Paralegal
Prestigious Glendale law office 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. Must be authorized to work in the U.S. For qualified applicants, send resume to:

Help Wanted: Immigration Attorney
Great opportunity for mid-level immigration attorney for New York office of major global consulting firm. Job responsiblities include handling US immigration law issues involving non-immigrant visas for US firm members, managing relationships with external legal counsel and individual foreign nationals within the firm. The ideal candidate will possess excellent written and oral communication skills and a demonstratad ability to be a team player. Compensation is competitive and benefits are excellent. Please send resume and writing sample to

Help Wanted: Immigration Paralegals
Exceptional and challenging career opportunities available for you at this prominent global immigration law firm. The ideal candidate will work on site at a client in McLean, VA 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. Fragomen offers highly competitive salaries and great benefits. Please submit resume, writing sample and salary requirements 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.

New Offices - NY, NY
J. Michelle Datiles, Esq. is pleased to announce the opening of her immigration practice in Midtown Manhattan. Law Office of J. Michelle Datiles, Esq. 370 Lexington Avenue, Suite 1205, New York, NY 10017. 212-697-6200.


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:
Now that ICE was successful rounding up 1,187 undocumented employees (see 04/21/06 ID), I think it is time that the employers of illegal workers could be charged in full for return costs of returning their illegal workers, including costs of their stay (in detention) until return, which are, at present, usually covered by tax payers and other public means.


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Publisher:  Sam Udani    Legal Editor:  Michele Kim