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Immigration Daily

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Immigration Daily April 25, 2006
Previous Issues
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Radio Host Says Kill Border Crossers

According to an Associated Press news report, "Brian James, a fill-in talk show host with Phoenix AM radio station KFYI, suggested on the air last month that a solution to the immigration problem in Arizona would be to kill [undocumented] immigrants as they cross the border" prompting Arizona Attorney General Goddard and US Attorney Paul Charlton to call for a FCC investigation. 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:


Preventing And Responding To The PERM Explosion
Elizabeth T. Reichard writes " PERM explosions are the denials that we all fear and dread - the ones issued immediately, without an audit from the DOL."


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

CRS Report On Permanent Admissions
The Congressional Research Service released an updated version of its report on permanent admissions.


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:

Offshore Services For Law Firms
We offer a wide range of back-office & clerical support services to immigration attorneys in NIV and IVs, including managing checklists, form completion, drafting cover/employer letters, consular processing assistance, follow-up/correspondence with clients and other related services. Our services cover document generation, data entry, accounts, scheduling/calendering, clerical & archival. Quantum Technologies, Inc. is a sister company to Adnet Advertising Agency, the worldwide leader in immigration advertising services for over a decade. Headquartered in New York City, Quantum provides the highest quality services to law firms enabling them to cost effectively and securely outsource law firm back office processes, and focus on increasing earning, growth and servicing their clients. We work as your partner offering tailored services that accelerate product delivery. With state-of-the-art communication facilities and infrastructure, our offsite center functions as a virtual extension of your office providing 24 x 7 support and significant cost savings. Convenient billing options are available. For more info. contact Johaina Mumtaz at or call 252 406-3503 ext 224.


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 - Davie, FL
Robert A. Mogle, P.A. is pleased to announce that his firm has relocated to better serve its clients. The Law Office of Robert A. Mogle, P.A. is now located at 12555 Orange Drive, Suite 275, Davie, Florida 33330. 954-862-1488,


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
Responding to Mr. Hutchinson's article (04/24/06 ID), perhaps African-Americans do not view the recent "immigrants' rights" marches as part of the "civil rights movement" because they are not. According to the American Heritage Dictions, civil rights are "The rights belonging to an individual by virtue of citizenship, especially the fundamental freedoms and privileges guaranteed by the 13th and 14th Amendments to the US Constitution and by subsequent acts of Congress, including civil liberties, due process, equal protection of the laws, and freedom from discrimination." Civil rights (Wikipedia) "are the protections and privileges of personal liberty given to all citizens by law. Civil rights are distinguished from "human rights" or "natural rights" -civil rights are rights that are bestowed by nations on those within their territorial boundaries, while natural or human rights are rights that many scholars claim ought to belong to all people." Immigrants are entitled to and already have civil rights (except some, such as voting) under US law because they legally applied and were accepted into US society. Illegal aliens, on the other hand, do not have and are not entitled to "civil rights" in the US precisely because they are illegal. They have not entered into a social contract with us. They have actually gone to great pains to avoid doing so, in the process violating the conditions we have set up for joining.

Ali Alexander

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Publisher:  Sam Udani    Legal Editor:  Michele Kim