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Immigration Daily June 27, 2006
Previous Issues
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Comment

Supremes On Removal

According to a Los Angeles Times news report, "[Undocumented] immigrants who return to the US after being deported are "continuous lawbreakers" and are subject to automatic removal from this country, the Supreme Court ruled Thursday, even if they have lived here more than 20 years and have jobs and families." For the full news story, see here. For the opinion, see below in our news section.


Focus

Naturalization, Citizenship And Nationality Law: 2006 Update

The curriculum for Naturalization, Citizenship And Nationality Law: 2006 Updateis as follows:

FIRST Phone Session on June 29, 2006:

  • Overview sources of US Citizenship: Vesting, Naturalization, Evidence of Citizenship, Loss of Citizenship
  • Why is citizenship important? Full protection of the law, no issues on admissibility, sponsorship of family, franchisement of population, protection from removal
  • The question our clients all have: Dual Nationality: Possible or Not? The USCIS will advise them "NO"
  • Birth in the US: Who is a citizen at Birth (the 14th amendment, territories, "under the jurisdiction," nationals v. citizens and is there a difference?)

SECOND Phone Session on July 20, 2006:

  • Citizenship through birth outside of the US to USC parent or parents: general principles and your research tools
  • How does one derive US citizenship and conditions precedent and subsequent
  • How to read and use the chart
  • Establishing and documenting the claim and the definitions of Residence and Physical presence
  • Continuing validity of prior acts of Congress
  • The Child Citizenship Act as the last Act of Congress

THIRD Phone Session on August 10, 2006:

  • Naturalization and its requirements: age, LPR status, state residency, continuous residence, physical presence, and Preserving residence for naturalization purposes
  • Definitions and standards: criminal convictions and post conviction relief, good moral character, statutory period
  • Risks of making application: grounds for removal
  • The English language requirement, the "civics" exam and the Oath of Allegiance
  • Failure of the Agency to Act, Denials and Appeals
The deadline to sign up is Wednesday, June 28th. For more info, including speaker bios, detailed curriculum, and registration information, please see: http://www.ilw.com/seminars/june2006.shtm . (Fax version: http://www.ilw.com/seminars/june2006.pdf


Article

Where Are My Children? Workings And Pitfalls Of The Hague Convention
Veronique Malka Nasser writes "With the rise of the divorce rate in America and the high incidence of child abductions worldwide, lawyers should become better versed in the workings of the Hague Convention and promote its application in their jurisdiction whenever possible."


News

Final Rule On Affidavits Of Support
The DHS, DOJ, and EOIR issued a final rule on affidavits of support, effective July 21, 2006. For the Federal Register notice, see here. For the fact sheet, see here. For the FAQs, see here.

EOIR Releases Latest Disciplinary Actions
The Executive Office for Immigration Review issued the latest disciplinary actions: (4) attorneys were immediately suspended; (3) received final orders.

Supreme Court Says No Relief From Removal For Re-Entry Before IIRIRA
In Fernandez-Vargas v. Gonzales, No. 041376 (Sup. Ct. Jun. 22, 2006), the court said that "INA 241(a)(5) applies to those who reentered the US before IIRIRA's effective date and does not retroactively affect any right of, or impose any burden on, the continuing violator of the INA now before this Court."


Classifieds

Help Wanted: Immigration Paralegal
Prestigious Glendale, CA 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. Must be authorized to work in the U.S. Qualified applicants, send resume to: paralegal@gurfinkel.com. Fax: (818) 543-5802.

Help Wanted: Immigration Attorney
Prestigious immigration law firm, with LA, SF, & NY branches, seeks associate attorney for its Los Angeles, CA location. Minimum 2+ yrs experience in all areas of immigration law, including family and employment based cases, court appearances for removal/deportation, and consular processing required. Occasional travel outside LA area necessary. Fax or email resume, salary requirements, and writing sample to Office Manager at (818) 543-5802 or attorney@gurfinkel.com.

Help Wanted: Immigration Attorney
Seeking an Immigration Attorney with 4+ years of business immigration experience with heavy emphasis on labor certifications for our South San Francisco, CA office. Must have excellent writing, communication and organizational skills, and strong attention to detail. We offer a competitive salary w/ benefits. Please send resume + cover letter to HR at ksalvador@litwinlaw.com.

Help Wanted: Immigration Paralegal
Alston & Bird LLP seeks immigration paralegal for its NYC, NY office. Requirements: minimum 1+ year experience with nonimmigrant and immigrant visa processing; naturalization; detailed knowledge of INS, DOL and DOS procedures; bachelors degree; excellent organizational and computers skills. Fluency in foreign language helpful but not required. We offer a high level of responsibility and variety of challenging assignments. Work one-on-one with attorneys. Our paralegal program is supported by a Paralegal Advisory Committee that meets monthly to plan continuing education programs; organize monthly/quarterly informational lunches; plan annual Paralegals Retreat; and schedule get-togethers. We want the top echelon to join our fast-growing NYC office. We offer comprehensive technical + professional development training, cutting-edge technology, excellent benefits, competitive salaries. Qualified applicants send resume + cover letter to: pamela.lewis@alston.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 Paralegal
13 person midtown NYC immigration law firm seeks paralegal with 2+ years of experience with business applications: nonimmigrant and immigrant. Experience with Family based, naturalization and other applications a plus. Bi-lingual Spanish/English also a plus although not required. Ideal candidate has BA degree, is detail oriented, organized, conscientious. Candidate must also possess excellent writing , communication & case management skills. Competitive compensation package offered. Email resume and cover letter in MS Word format to Marcia Needleman at: mneedleman@levittandneedleman.com.

Help Wanted: Immigration Paralegal
Boston, MA - Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C. has an immediate opening for an experienced immigration paralegal for a very busy immigration practice. Candidates must have experience in business immigration law, including preparation of H-1B visa petitions and PERM labor certification cases. Responsibilities include the preparation and filing of business and employment-related immigration documentation and communications with government agencies and clients. Must have excellent organizational skills, attention to detail, accuracy, consistency and job ownership. Ideal candidate must also possess excellent written and oral communication skills. Bachelor's degree and 8+ years experience required. Qualified candidates, please send cover letter + resume to mlhr@mintz.com.

Help Wanted: Immigration Paralegal
Busy corporate/medical/academic practice in St. Louis, MO needs experienced paralegal for non-immigrant, immigrant, labor certification and 212 (e) waiver cases; intensive client interaction; good writing skills and people skills a must. Send resume to Ms. Maria Harvey, at mth@bks-law.com. Visit http://www.bks-law.com to learn more. No telephone inquiries.

Case Management Technology
Are you ready for the new changes in immigration? See why we have a 99% customer retention rate. Use our forms with peace of mind - 800+ updated within 24 hours of any new release. No patches to install, no downloads - our team of 50 engineers work around the clock. e-File 30+ forms with just a click. Automatic email alerts and reminders. Library of customizable online questionnaires, support letters and email templates. Online access for clients to check case status included, plus group calendar, email and case step reminders, priority dates calculator. Additional available services include: credit card processing, Outlook and/or QuickBooks integration, Compliancy modules - I9, LCA, AR 11, PERM. INSZoom's Case Management System is customizable to support solo practitioners, mid-size and large law firms/corporations. Cost conscious and compliance vigilant. Founded in 1999, INSZoom is a profitable, financially sound company. INSZoom is built ground up with flexible modules that allow you to manage and control technology. Current workflow processes, practice management methodologies and customer relationship functions can be easily customized in INSZoom to reflect your firm's unique style and strengths. To learn more or schedule an online demonstration of INSZoom's Case Management System, call 925-244-0600 or email info@inszoom.com.


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. To feature your newsletter in Immigration Daily, see here.

Obituary
Sarabjit S. Bajaj, founding member of Bajaj & Associates, PLLC, passed away suddenly of a heart attack on the evening of June 15, 2006. Mr. Bajaj was a leading Immigration Attorney in New York City and fought passionately and tirelessly on behalf of his immigrant clients for nearly two decades. Charitable donations in his memory can be made to the American Diabetes Association or to The Fortune Society. (sent in by Cyrus D. Mehta, Esq.)


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:
Your 06/23/06 comment on Neil Diamond's America goes to the wrong link. I could find no such story at that link. Nor did a search of the site turn it up. Could you provide the "missing link."

Jose G. Perez

Editor's note: Thanks for bringing this inadvertent error to our attention. The link to the Los Angeles Times story can be found here.

Dear Editor:
David M. Murray's letter (06/19/06 ID letter) argues that welcoming attitudes and open immigration laws are no longer useful as a guideline in dealing with today's "intruders" coming over the Mexican border illegally. The implication that America had room for immigrants then, when most were from Europe, but has no room today when most are from Asia and Latin America, is revisionist history of the worst kind. So is the widespread notion that white immigrants of the past came here legally but darker skinned immigrants today do so illegally. A hundred years ago, if you were white, healthy, and had the price of a boat ticket, you could come to America. It was almost impossible to violate the immigration laws because there were few if any to speak of. Unless you were Asian, that is. Chinese immigrants were excluded by a series of increasingly harsh laws beginning in the 1880's which were subsequently extended to other Asians. In 1924, these racist laws were extended in order to exclude Jews, Italians, Eastern Europeans and most other immigrants who didn't fit into the white supremacist Nordic image. Today's anti-immigrant movement is motivated by this same spirit of bigotry and intolerance, this time directed mainly toward Latinos, who have also been the target of discrimination for much of US history. Mr. Murray's mantra is that the "world's only superpower" should "protect its borders". This opens up the question whether America's current imperial ambitions are also related to white supremacist ideology. I'm not qualified to discuss that issue. But the outcome of the current immigration debate could well determine whether America will become a superpower of racial justice, or will take a path of intolerance, nationalism and repressive laws which could destroy the basic freedoms of US citizens as well as immigrants.

Roger Algase, Esq.
New York, NY

Dear Editor:
A reader's questioning (06/19/06 ID) Michelle Malkin's credentials as a "scholar and legal migrant" places him or herself in a category soundly reproved by the Good Book as one who would, ".... strain at a gnat and swallow a camel." (Matt. 23:24) While those terms can have broad or more narrow definitions, dictionary.com allows that "scholar" means: "A learned person. A specialist in a given branch of knowledge; a student; someone who by long study has gained mastery in one or more disciplines", all of which perfectly describe Malkin and others who aren't necessarily employed by universities. If her family migrated here in a legal manner, the description of Malkin as a "legal migrant" would be applicable in a broad sense. A reader's letter defeats his or her's own argument by using the same term "legal migrants" in referring to births with citizenship by non-citizen mothers on US soil, which was also Malkin's situation, even if it is a loophole that needs to be closed. The "elephant in the room" (or camel), is not Ms. Malkin's credentials or status, but the excess of legal and illegal migrants, the latter on a non-selective basis, who are overloading our systems, endangering our security and diluting our culture. We do need to be listening to those, regardless of labels or diversionary critiques, who wisely advocate a limited, selective and controlled entry policy that is in America's interests, not special interests who have their own agendas, usually colored green. A good place to start is a present article entitled "Mom and dad do Immigration" by Jennifer Roback Morse at Townhall's website.

R.L. Ranger

Dear Editor:
An anonymous reader (6/17/06 ID) responding to RL Ranger's letter (6/16/06 ID), used the word "Philippino" probably refering to people holding Philippine citizenship. Athough the country "The Philippines" is spelled accordingly, its citizens are called "Filipino" or "Filipina" if refering to individual male or female citizens respectively. Please note the spelling for trivial information.

Alannbert Millendez

Dear Editor:
The latest headlines for that day. That was one of the key points to your Immigration Daily. Please return to the old format. You were the best [& in my book the only] excellent resource on Immigration - I didn't miss a day. I also subscripted to the Immigrant's Weekly but again you have remove all headlines [and key articles]. Am I missing an area on your website/email that these resources are found at? If not, could you point me in a direction where I can get the latest Status [& please not our government's immigration website those are only archives by the US government]. Hope you can expedite.

Ann N. Tighe
Chicago, IL

Editor's note: As we have done every year since 2000, an abbreviated Immigration Daily version appeared for the past several days because we were attending AILA's Annual Conference, please see our 06/20/06 comment. We return to our full coverage with today's Immigration Daily issue.

Dear Editor:
For over a week, no letter from readers. What is happening?

Malami. M

Editor's note: As we have done every year since 2000, an abbreviated Immigration Daily version appeared for the past several days because we were attending AILA's Annual Conference, please see our 06/20/06 comment. We return to our full coverage with today's Immigration Daily issue.


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                        ISSN:   1930-062X


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