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Immigration Daily July 5, 2007
Previous Issues
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VB Gate Continues

Questions continue to swirl over the announcement that July visa numbers that were current are now unavailable. This flap does not pass the smell test, the laugh test, or any other test. Sadly, family-based immigration advocates and those championing for the undocumented have not fully grasped the implications this event has for all immigration advocates, not just employment-based petitioners. USCIS resources are limited (or so we are told). In order for USCIS to have processed 30,000 petitions in a short period of time, it is reasonable to assume that USCIS pulled resources from family immigration. The upshot? expect longer delays for family visa petitions. Information has been leaking that reveals the motive was driven by USCIS's desire to get more fees. The message that USCIS (a benefits agency) sends through its action is that immigrants can be victimized in the interests of lining USCIS's coffers (today EB immigrants have been vicitimized, FB immigrants will be next).

Filing lawsuits may not be the best method of achieving resolution. This is a political issue. For this reason, immigration advocates must demand redress from Congress. Congress should hold hearings right away on this matter. According to Attorney Jay Solomon, USCIS broke the law. Congress should amend the INA to make EAD and advance parole available at the I-140 stage instead of the I-485 stage to prevent such shenanigans in the future. Nothing gets an Executive Branch agency's attention like money. Congress should postpone the July 30th fee increase while it studies how USCIS can function year round with the same efficiency that it showed in the last two weeks of June.

HR executives of Fortune 500 companies are enjoying the Fourth of July festivities while immigrant workers are shafted. If EB immigrant workers cannot convince their employers to pressure Congress, immigrants can be sure that many abuses will be in store for them in the future.

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


The Indispensable All-In-One CSPA Handbook

ILW.COM is pleased to present the Child Status Protection Act Handbook by Charles Wheeler of the Catholic Legal Immigration Network (CLINIC):

  • Chapter 1: Overview Of Age Out
  • Chapter 2: Overview Of The CSPA And Implementation
  • Chapter 3: The CSPA And Family-based Visas
  • Chapter 4: The CSPA And Employment-based Visas
  • Chapter 5: The CSPA And Diversity Visa Lottery
  • Chapter 6: The CSPA And Asylee/Refugee Processing
  • Chapter 7: The CSPA And VAWA
  • Twenty-four Appendices
  • Numerous CD-ROM Resource Materials
For more info on the Child Status Protection Act Handbook, and to order, see here. For the fax form, see here.


Is It Mandatory To Detain An Aggravated Felon?
Cyrus D. Mehta, et al. present a hypothetical delving into the mandatory detention provisions of the INA.


Rep. Lofgren Issues Statement On Visa Bulletin
Representative Lofgren issued the following statement in response to the State Department's update of the July Visa Bulletin and the subsequent rejection of applications for adjustment of status by the USCIS.

DOL Updates H-2B Labor Cert Procedures For Reforestation Occupations
The Employment and Training Administration of the DOL published notice in the Federal Register updating procedures for State Workforce Agencies and ETA National Processing Centers to process H2B labor certification applications in tree planting and related reforestation occupations.


Help Wanted: Immigration Paralegals
The Washington, DC and San Francisco offices of Morgan, Lewis & Bockius, LLP are currently looking for paralegals to work directly with the Immigration Practice Group. Qualified candidates must be able to work under minimal supervision. The firm offers an excellent compensation and benefits package, outstanding work environment, and comprehensive support to enable our immigration paralegals to assume significant responsibility, including contact with clients. Qualified candidates must have at least two years of business immigration experience in employment-based immigrant and non-immigrant categories. Candidates must possess strong organizational, research and writing skills. Knowledge of PC applications and flexibility to work overtime are required. An undergraduate degree from accredited university is required. EOE. M/F/D/V. Please apply online via the career link of the Morgan Lewis website,

Help Wanted: Immigration Attorney
Seattle, WA - USCIS Office of Chief Counsel (OCC) seeks experienced attorney for the position of Associate Regional Counsel, Western Region. Responsibilities include, but not limited to, serving as attorney providing on-site legal advice to local District Office USCIS personnel on issues involving immigration related adjudications, inadmissibility and deportability grounds, and national security. Applicants must possess JD degree, be active bar member, and have at least two (2) years of post JD experience. Applicants must submit resume + writing sample not to exceed 10 pages. Send cover letter, resume, + writing sample to All submissions must be received by close of business July 16, 2007. GS14-GS15 levels and is open until filled. No relocation reimbursement available. For more info, key in Job Announcement Number: COU-CIS-2007-0007 at

Help Wanted: Immigration Paralegal
Charlotte, NC - Moore & Van Allen PLLC, a large business immigration practice seeks experienced immigration paralegal. Four-year degree is required. Candidate must be well-organized; have strong writing, communication and computer skills with strong attention to detail; and have the ability to work independently on multiple tasks. Prior employment-based immigration experience in a practice is preferred. Candidate should also have experience working with Fortune 500 clientele and international executives. Salary is negotiable and commensurate with experience with an attractive benefits package. Relocation assistance may be offered to the right candidate. Interested candidates, send resume to

Help Wanted: Immigration Professional
Charlotte, NC - Moore & Van Allen PLLC, a large southeastern law firm seeks legal assistant. This full-time position requires an organized self-starter who is able to prioritize assignments while supporting several attorneys and paralegals. Prior experience as a legal secretary and an interest in internationally related immigration activities as well as a 4-year degree preferred. Must have excellent MS Office and typing skills. Send resume for consideration to:

Help Wanted: Immigration Paralegal
NYC mid-town law firm seeks paralegal with immigration experience preparing I-485 applications. This is a temp position. Send resume to: Melanie Smith, Employment Manager,, fax 716-819-4669.

Help Wanted: Immigration Paralegal
Boston, MA - Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C., has immediate opening for an experienced immigration paralegal for a very busy immigration practice. Experience in business immigration law, including preparation of H-1B visa petitions and labor certification cases required. Responsibilities include preparation and filing of business and employment-related immigration documentation and communications with government agencies and clients. Qualified candidates must have excellent organizational skills, attention to detail, accuracy, consistency and job ownership. Must possess excellent written and oral communication skills. A bachelor's degree and minimum 3+ years experience required. Qualified candidates, please send cover letter + resume to EOE.

Help Wanted: Immigration Attorney
Boston, MA - Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C., a large international law firm with more than 450 attorneys in eight offices, seeks an immigration associate for the Boston office. Ideal candidate will have at least 4-5 years of business immigration experience. Candidates should have a background in the following: PERM Applications, H1B, O1, J1, E, and I-9's. Experience dealing with immigration consequences of merger and acquisition activity is strongly preferred. Interested candidates should submit a resume Catherine L. Murphy, Lateral Associate Recruiting Manager by mail: Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C., One Financial Center, Boston, MA 02111 or email:

Credential Evaluation And Translation
As the nation's leader in foreign credential evaluations and translations, American Evaluation and Translation Service, Inc. (AETS) provides the most competitive rates in the industry $50 educational evaluations, as well as $200 'expert opinion' work experience and position evaluations completed by PhD university professors who have the "authority to grant college level credit for work experience and/or training." AETS offers a variety of turn-around times, including same-day service for educational, work experience, and position evaluations. For list of rates and times, see: AETS also provides certified translations in 100+ languages, with translators that are specialists in 80+ fields. For a copy of the Application for Credential Evaluation and Translation Services, please contact AETS at (786) 276-8190, visit, or email:


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

Immigration Event - Lansing, MI
Catholic Legal Immigration Network, Inc. (CLINIC) present "Bars and Waivers Understanding Inadmissibility Grounds and How to Prepare Waivers to Overcome Inadmissibility" . July 26-27 2007. This training will review common grounds of inadmissibility, including health, crimes, fraud, smuggling, and prior immigration violations, and will provide guidance on preparing and documenting waiver applications. This training is interactive, with large and small group exercises on determining inadmissibility and preparing and submitting waiver applications. To learn more, including summary agenda, fees, and registration information, please see here. ILW.COM is pleased to be a media sponsor for this event.

Immigration Book
Beyond Chinatown: New Chinese Migration And the Global Expansion of China Edited by Mette Thuno. University of Hawaii Press, 304 pp. Paperback, ISBN: 8776940004, $27.00


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:
Every time I read one of David Utterback's letters I am always impressed by the fact that so many immigrants, both legal and illegal, are able to write, and especially spell, English so much more proficiently than some of the same Americans who are so anxious to kick immigrants out or stop them from coming here in order to "protect" the English language and American "culture". I would also like to offer a friendly word of advice to any US citizens, especially native English speakers, who might find themselves challenged in spelling the word "illegal". They might find it helpful to take English lessons from someone who is actually in that status (without paying, of course, because that might be against the law).

Roger Algase, Esq.
New York, NY

Dear Editor:
Roger Algase's letter (06/27/07 ID) discusses the failure of the immigration bill and the influence of "the bigots", whom, his letter seems to state, can be taught, using Mr. Utterbach as an example. His letter closes with the question, "is there a lesson in here somewhere?" Yes. I'd say there is. I'd say that the lesson to be learned from immigration activists is that referring to everyone who opposes you as a bigot or racist is a lousy way to win friends and influence people. Such rhetoric is, in fact, likely in the extreme to make worried but decidedly un-bigoted people like Mr. Utterbach oppose anything you propose as being inimically hostile to them. I opposed the immigration bill because of some of it's unfortunate sleight of hand and out of my conviction that ICE would take decades to catch up on the paperwork burden of more than 10 million instant legalizations, but I liked many aspects of the bill. Instead of amending something reasonable out of the hurried hodge-podge that was the alter immigration bill, I fear we are instead faced with a dead stinking corpse that will dissuade future serious attempts to make legal immigration more attractive than illegal immigration into the US. I pray I am wrong, but if I am, I sure hope those of us who want more, rather than less, immigration, and would prefer to see ordered rather than surreptitious immigration into this country might be more concerned with convincing people of the merits of the new proposals than with inflaming those already supporting whatever esoteric and rather remote fix we propose with appeals to their goodness and the meanness of what the Latins (not those, the other ones) called the vulgus, but which is actually just the common citizen. People like Mr. Utterback can be reasoned with and can be reassured if we are honest about our intentions and avoid trying to intimidate waverers and opponents into silence and acquiescence with insulting language.

Honza Prchal, Esq.
Birmingham, AL

Dear Editor:
I watched that Lou Dobbs interview on CBS that night (ID comment 7/2/07). It is unfortunate that Lou Dobbs is using his pulpit to manipulate his viewers especially on CIR. It is shameful. That is not journalism but nonsense. I do not tune in to his show anymore.


Dear Editor:
It is amazing how the immigrants rights groups can't stand that the Americans are sick and tired of paying for all the school medical etc for the poor of mexico. There are millions of people from around the world that want to be citizens and blend in. That is not for common theifs and people that are gang members. Get over it.

Cherie Wood

Dear Editor:
Responding to ID's comment (7/2/07), please keep in mind the Mr. Dobbs and people of his mind provide an important balance in the immigration debate. Frankly he was right about many of the provisions of the bill. The American people spoke, not Mr. Dobbs.


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 1995-2007 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                        ISSN:   1930-062X

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