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Immigration Daily October 12, 2007
Previous Issues
The unmatched news resource for legal professionals. Free! Join 17,000+ readers


ICE To Work Around Injunction

US District Judge Breyer's recently decided to grant the motion for a preliminary injunction of the DHS final rule regarding no-match letters (see below in news). This will likely not stop the use of social security data by the government to weed out the undocumented as well as ensnare individuals authorized to work in the US. Despite the government's admission that the Social Security Administration's system is rife with errors, heightened scrutiny of social security data will likely emerge within the scope of I-9 audits. While employers across the board may be spared from the rule because of the preliminary injunction, those that face an audit will bear the additional burdens of the temporarily enjoined rule by administrative interpretation during the course of the audit. We suspect that that has already begun in I-9 audits and will likely increase with time. Immigration attorneys would be wise to plan accordingly.

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


Resuscitating Status Through Adjustment

The curriculum for "Resuscitating Status Through Adjustment", the phone seminar on October 18th is as follows:

  • Exploiting the 245(c) technical failure exception
  • Understanding the 180 day grace period under Section 245(k)
  • Grandfathering under Section 245(i) - analyzing recent case law
  • Other exceptions: Immediate Relatives and Battered Immigrants
  • Waivers of inadmissibility in conjunction with adjustment filing
  • Adjustment for Special Categories: Asylees, Cubans, Hatians, etc.
The deadline to sign up is Tuesday, October 16th. For more info, including speaker bios, detailed curriculum, and registration information, please see: (Fax version:


Marketing Your Immigration Law Practice: Four Unforgiving Mistakes That Immigration Attorneys Make
Sheila Danzig shares 4 marketing mistakes that many immigration attorneys often make.


No Match Preliminary Injunction Granted
In American Federation of Labor v. Chertoff, No. C 07-04472 CRB (Northern District of CA. Oct. 10, 2007), the court granted the motion for preliminary injunction and said that "the rule (1) contravenes the governing statute; (2) is arbitrary and capricious under the Administrative Procedure Act; (3) is an exercise of ultra vires authority by DHS and the Social Security Administration (SSA); and (4) was promulgated in violation of the Regulatory Flexibility Act. The balance of hardships tips sharply in plaintiffs' favor and plaintiffs have raised serious questions going to the merits."

Immigration Daily Poll: What Is The Most Important Employee Benefit To You?


Help Wanted: Immigration Paralegal
NY, NY - Lehman Brothers seeks immigration paralegal with 2-4 years experience. Responsibilities include: interacting with HR and employees/prospective employees on immigration matters, advising foreign national employees and HR reps on immigration policy and the preparation of employment-based visas petitions and green card applications. Requirements include: Bachelor's degree in liberal arts or equivalent experience; strong technical knowledge of non-immigrant and immigrant visas; organized and detail-oriented candidate with excellent writing skills; ability to juggle multiple tasks under time constraints; strong interpersonal skills. Visit for detailed information and to apply (select Experienced Hires, search for jobs in Americas, key word: paralegal). Please indicate in cover letter that position was seen in Immigration Daily. EOE.

Help Wanted: Immigration Paralegals
Exceptional career advancement opportunities available for you in the New York and New Jersey offices of this prominent global immigration law firm. Candidates will work as part of a team of attorneys and professional support staff assisting multinational companies primarily with their US immigration requirements. Job involves extensive client contact and utilization of state-of-the-art case preparation and management systems to prepare, track, and manage cases in process. Congenial and dynamic environment. Only candidates with immigration experience should apply: Job Requirements: - 3+ years business immigration experience, including experience with PERM, - BA/BS degree srequired - MS Word and Windows 2000 required, - Excellent verbal and written communication skills, - Ability to perform multiple tasks in a dynamic work environment. The firm offers highly competitive salaries and excellent growth opportunities. EOE.

Help Wanted: Immigration Attorney
Downtown Cleveland, OH - The Law Offices of Margaret Wong & Associates, LPA seeks an employment based immigration attorney with 1+ years of related experience to join its thriving immigration law practice. Founded over 30 years ago, the firm now consists of 9 attorneys and 36 other staff members. Licensed in Ohio preferred. We offer a challenging and exciting work environment and seek a candidate possessing a keen legal mind. Research and drafting skills are a must. Competitive benefits package offered. Interested candidates submit resume and cover letter to or fax to 216-566-1125. No phone calls please.

Help Wanted: Immigration Paralegal
Downtown Cleveland, OH - The Law Offices of Margaret Wong & Associates, LPA seeks an experienced employment based immigration paralegal with 3-5+ years of experience to join its thriving boutique immigration law practice. Founded over 30 years ago, the firm now consists of 36 staff members and 9 attorneys. Interested candidates submit resume and cover letter to or fax to 216-566-1125. No phone calls please.

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 or downloads. E-File 20+ forms. Access your firm's online database anywhere you have internet access. Client relationship management tools, practice management tools, group calendaring, emails, notes, reports, invoices, auto email alerts and reminders, document storage and assembly. A library of customizable questionnaires, letters and email templates included. Online access for clients to check case status included. Compliancy modules: I9, LCA, AR 11, PERM. Optional services: credit card processing, Outlook & QuickBooks integration. One-time data entry and auto population into all documents will save you time and reduce errors. INSZoom's case management system is customizable to support solo practitioners, mid-large law firms & corporations. We teach you how to customize the software to fit your processes and communication needs. Founded in 1999, INSZoom is a profitable, financially sound company and now employs 70 engineers and 11 sales and support staff. INSZoom is the "world's largest immigration software company", built with flexible modules that allow you to manage and control technology. To schedule a complimentary online demo, call 925-244-0600 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.

New Appointment - Washington, DC
The Federation for American Immigration Reform (FAIR) today is pleased to announce the appointment of Julie Kirchner as Executive Director of FAIR. Prior to joining FAIR, Ms. Kirchner worked as counsel at the Minnesota House of Representatives, where she staffed the Judiciary and Civil Law Committees. In addition to this legislative experience, Ms. Kirchner has worked both as a private litigator and criminal prosecutor. She earned her B.A. at Yale University and received her J.D. with high distinction at the University of Iowa College of Law.


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:
CIR of this past spring was doomed to failure. Border security and the plight of the estimated foreign nationals living within our borders are issues that need serious study and in depth consideration. Make no mistake about it, all four of our borders are under attack by people who want to do us harm and don't really give a damn about who they hurt here; legal or not. At the same time workers come to fill a variety of jobs that our strong economy demands. They will be taking American jobs that Americans abandoned decades ago. We abandoned these jobs because our parents bought into the American dream and sent us to college. As this tradition repeated itself we have found ourselves with fewer workers willing to fill these honorable but low paying jobs. I know that my parents did not raise me to be a cook, roofer, maid or gardener. Nor did yours. Nor will that trend change in the future. Congress has two matters before; the Dream Act and Ag Jobs, that could take 4 million illegal foreign nationals out of the shadows in a creative way. Ag jobs would provide conditional resident status to a wide variety of undocumented agricultural. However, to become permanent residents they would have to remain in agricultural for up to ten years. The second, the Dream Act, gives mostly young adults; who entered the U.S. prior to their 16th birthday the option of getting a college education and completing a degree or of providing a certain number of years of military service conditional status. In each situation young adults; most here through no fault of their own, would get conditional resident status. These two reforms are not all Congress could do. But it is all we can expect from them this fall.

Thomas Esparza, Esq.

Dear Editor:
What is ID's source for the fact of Philippe Khan being an '86 amnesty beneficiary? (see 10/09/07 ID comment). The Wikipedia article only says that he received his green card in 1986, it doesn't say how. The linked website source for that item doesn't mention the amnesty either.

Cheri Attix, Esq.
San Diego, CA

Editor's note: This is our inference from the fact pattern presented in the Wikipedia Article.

Dear Editor:
In response to your comment (ID, Oct 11), Uncle Sam is practicing what he preaches by having every new federal hire checked against E-Verify. Under the proposed regulation, E-Verify is a date-forward program for new employees and there is no requirement for existing employees to be checked. In fact, employers are instructed not to require new Forms I-9 from existing employees.

Gregory W. Christian, Director, District 7 (Virginia & Washington, DC)

Dear Editor:
With all due respect to this most recent example of the always impressive scholarship in David D. Murray's letters, Sid Lachter's letter is more persuasive concerning the meaning of and intent behind using the term "anchor babies" (10/11/07 ID). Not only are these babies a very weak anchor indeed for an illegal immigrant hoping to survive in the US without proper documents for at least 21 years, but the context of Peter Griswold's letter, which originally used this term, makes it very difficult to believe that it was meant to be complimentary. Therefore, to state that using this term is demagoguery, as Mr. Lachter's letter rightly points out, is just repeating the obvious. Moreover, as I also suggested in my previous letter, Peter Griswold's letter's proposal would have the effect of depriving US born children of their Constitutional right to American citizenship merely because of their "crime" of having been born to Latino parents. If that is not demagoguery, I would like to see a better definition.


Dear Editor:
I have deep sympathy and empathy with Mr. Utterback's situation and all of our veterans who have sacrificed so much for our country (10/11/07 ID), but yet, I don't understand why "Jose" the illegal should be responsible if our country goes bankrupt because our war monger politicians and current administration love to spend money on wars that don't benefit us at all but only some special interests. I just ask that everyone is honest and objective to see who is to blame here instead of conveniently blame on "Jose" as usual. It wasn't "Jose" who vetoed the SCHIP bill that will benefit millions of uninsured American Children but asked for USD 190 billions to fund his costly war in Iraq and Afganistan. Veterans don't have social safety net and access to decent health care, millions of American Children will be left behind without health care, our schools, bridges etc. are crumbling, please don't look at "Jose" but try to ask your elected representatives, senators and president, of how come they can't afford to waste hundred of billions dollar wars but no money for Americans. I would rather have a President and Congress who will give full citizenship to all illegal immigrants than ones who waste so much of our tax dollars on wars and creating humanitarian disasters globally.

Robert Yang

Dear Editor:
I would like to express my views on "asylum" & hope that these are good enough to find a place in ID. One area that has always been overlooked while discussing immigration reforms is "Asylum". For long illegal immigrants have misused this option after having unsuccessfully tried other paths to legal permanent resident status. A thorough background check needs to be done to ascertain as to whether the claimant's life or liberty is really under a threat if he goes back to his home nation. It is not unusual to see these same people visit their home nation frequently once they get asylum. So why would they visit their previous homeland again if they face or used to face extreme hardship from the government and its set up there? Recently the UK government had announced that it has discontinued granting asylum to people coming from Punjab (a state in India from which a lot of people migrate to foreign countries) as it is a peaceful & prosperous place now. Why can't the US lawmakers make necessary changes in law so that only the deserving get asylum like the UK recently did?

Gurrattanpal Singh
Lawyer in India

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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