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Immigration Daily April 13, 2009
Previous Issues
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Top Links March 2009

We feature the most accessed links by our readers in March 2009 below:

Top five March Immigration Daily Articles

Top five March Immigration Daily Items

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


Removal For Beginners

ILW.COM is pleased to announce a new 3-part telephone seminar series with Discussion Leader Scott Bratton and speakers Wayne Benos, Nikki Mehrpoo Jacobson, Patricia S. Mann, Steven C. Thal, with other speakers to be announced. The curriculum is as follows:

FIRST Phone Session on April 15: The Basics of Removal Proceedings

  • Removal Proceedings under INA Section 240 - Notice to Appear
  • Exceptions to Removal Proceedings under INA Section 240- expedited removal, reinstatement of removal order
  • Basic Immigration Court Practice and Procedures - Overview, EOIR Practice Manual
  • Bond Hearings - ineligibility, Joseph hearings
  • Master Hearings and Individual Hearings – pleadings, an attorney’s role and responsibilities
  • Motions to Reopen- in absentia orders, motions to apply for new reli
  • Appeals - Form EOIR 26, BIA Practice Manual

SECOND Phone Session on May 20: Grounds For Removal

  • Grounds of Inadmissibility under INA Section 212
  • Grounds for Removal under INA Section 237
  • Criminal grounds of Removal- categories of crimes that trigger removal
  • Aggravated Felonies- convictions that are considered aggravated felonies and their implications

THIRD Phone Session on June 10: Overview of Relief From Removal

  • Voluntary Departure- pre-hearing vs. post-hearing, benefits
  • Asylum, withholding of removal, relief under the Convention Against Torture – eligibility, discretion, bars
  • Cancellation of Removal (LPR vs. non-LPR) - eligibility, bars, discretionary factors
  • Adjustment of status- jurisdiction of IJ, requirements, discretion
  • Waivers- 212(h), 237(a)(1)(H), 212(i)
  • NACARA- who is eligible and the latest developments
  • TPS- circumstances where TPS can be granted by an IJ and eligibility requirements
  • Other potential relief in removal proceedings
For more information and to register see: Online: Fax form:


New Canadian Citizenship Rules To Come Into Effect In April
David Cohen writes "The proposed legislation restores citizenship to anyone born in Canada or who became a Canadian citizen on or after January 1, 1947 (when the Citizenship Act was created), and then lost their citizenship."

Bloggings on Dysfunctional Government
Angelo Paparelli writes "Imagine if immigration opponents like Norman Matloff, Ron Hira and John Miano could stop blathering about employment-based immigration merely by deleting the falsehoods they spout."

Bloggings On The H-1B Visa
Anthony F. Siliato and Scott R. Malyk write "H-1B premium processing receipts for cap cases have begun to arrive."

To submit an Article for consideration, write to


DOS Final Rule On Au Pairs
The Department of State published notice in the Federal Register, effective April 8, 2009, adopting as final the interim final rule permitting qualified au pairs to participate again in the au pair program after completing a period of at least two years of residency outside the US following the end date of his or her initial exchange visitor program.


Help Wanted: Immigration Paralegal
NYC - Established boutique law firm seeks experienced paralegal who desires to work from home, part-time. We specialize in O-1 and EB-1A in the arts and entertainment, with a selection of H-1, L-1 and family cases. The ideal candidate will: 1) have experience in our practice area, 2) have an interest and talent for organizing, excerpting and summarizing evidence in a lengthy submission letter (for O-1 and EB-1 cases), 3) be self-motivating, and will 4) work efficiently, timely and in an organized fashion. We communicate via emails and couriers. The candidate will augment our current team of telecommuting paralegals. We project 5-15 cases per month. The candidate must have necessary computer equipment, software and skills for this position. We pay by the hour or per case. Please forward detailed resume, writing sample for EB-1A case, and two references to:

Help Wanted: Immigration Professional
New Orleans, LA - Tulane University seeks a dynamic immigration professional for the position of Program Manager in the Office of International Students and Scholars (OISS). The Program Manager: ensures Tulane's compliance with US immigration regulations and procedures with regards to H-1B and TN visas; is principal contact for the hiring of Tulane int'l faculty and staff; ensures intl'l faculty/staff receive proper immigration documentation and understanding of US immigration procedures; assists with F-1 and J-1 visa processing; helps retain int'l students to successfully complete academic course of study through programming. Requirements include: bachelor's degree and 2+ years int'l education experience at college level or equivalent. Salary is $34,080-$43,000/yr, depending on experience. To view full job details (scroll down to Manager, Program) and to apply visit here (refer to job listing #102583).

CLE Immigration Event
Memphis, TN - (May 15-16, 2009) The Federal Bar Association and AILA Mid South Chapter invite you to join us for one of the most exciting regional immigration conferences you will attend this year. The confirmed speaker line-up is a who's who, including respected AILA attorneys and government officials including chairman of BIA, US Court of Appeals judge, director of OIL, current and former immigration judges. This conference offers opportunity to hear from a panel of ICE and CIS supervisors discuss local priorities that affect the mid-South and nationwide. Mingle with faculty without large crowds. This intimate setting is perfect for both new and experienced practitioners alike. Program includes special programs for pro bono attorneys + criminal lawyers. Earn up to 16 CLE hours and have fun too. Early bird deadline is April 30th. For more info, including speakers, curriculum, and registration, see here.

Website Services
Gain the competitive edge with your new website from INSZoom, the world's largest immigration software company. Choose from a range of template websites, complete with customized logos and images, 60-70 pps. of professionally written immigration law content including news articles, processing dates, and priority times posted directly on your site. Our search engine optimization tools will increase your web traffic and prioritize your site in the major search engines. Our content management tool lets you update your site in real time. Customized intake sheets let you integrate your case management software directly into your site. Biweekly newsletters and email blast tools enable you to stay in constant touch with current clients and strengthen your potential client base. Build leads and maintain a professional presence at a reasonable cost with websites from INSZoom. Learn more online at or contact a sales representative at (925) 244-0600 to start the process of launching your new website today.


Emanuel Now a Backer of Immigration Action
As the White House gears up to push an immigration overhaul, advocates are finding they have an unexpected ally in White House Chief of Staff Rahm Emanuel.

Advocate Predicts Immigration Overhaul In Speech At Southern Methodist University
An overhaul of the nation's immigration laws will gain renewed traction this fall but probably will be stripped of a temporary worker plan, predicted a veteran immigration-rights advocate in a speech at Southern Methodist University on Thursday.

Immigration Emerges As An Issue For Obama
"Until we fix the immigration crisis, every issue will be taken down the rat hole of immigration politics."

Doctor, Hospital File Suit On Residency Decision
A lawsuit was filed this week in U.S. District Court by Great Plains Regional Hospital and local oncologist Dr. Ifran Vaziri in an effort to compel federal officials to make a decision on Vaziri's application to become a legal permanent resident.


Readers can share professional announcements (up to 100-words at no charge), email: To announce your event, see here

Immigration Event
April 28, 2009, 2:00pm ET - ILW.COM is pleased to invite you to attend a 30 minute Webinar presentation entitled "How To Survive The Immigration Law Downturn" at no charge. Speakers include Greg Siskind, Boris Palanov, and Sam Udani. Discussion topics include how immigration law firms can effectively use technology to increase efficiency, a detailed analysis of the state of the immigration law field (by practice area and region), how web conferencing can save you money, including a feature web conferencing demo. The call will consist of 20 minutes of presentation, followed by a Q&A. Immigration attorneys are invited to register. Participation is limited and is first come, first served. To register, see here. This event is sponsored by Intercall, the world's largest audio, web and video conferencing provider.


Readers can share comments, email: (up to 300-words). Past correspondence is available in our archives

Dear Editor:
There seems to no rhyme or reason to the way USCIS is handling this year's H-1B cap. Since the cap was not anywhere close to being reached during the first two (or five) days and has still not been reached, the logical thing to do would have been to start issuing filing receipts, first come first served. This has always been done in the past. However, when a few filing receipts were apparently issued at the beginning of this month, USCIS announced that this was a mistake and that all cap subject petitions would be put into a lottery as long as they were received before the cap is actually reached. Where is the logic in this? Now, in its 04/09 announcement, USCIS has apparently contradicted itself by stating that for premium processing cap subject cases received to date, the 15-day deadline for sending an approval or an RFE has already begun, implying that these cases will be issued filing receipts and will not be subject to a lottery. But USCIS has always guaranteed that filing through premium cannot be used to escape a lottery. Moreover, the 04/09 announcement also says that even though 20,000 of US master degree petitions have been received, it will continue to accept these cases anyway because of low previous approval rates. USCIS seems to be blissfully unaware that the 20,000 visas reserved for the US master degree category are, by law, in addition to, not instead of, the 65,000 visas that are open to all qualified H-1B applicants, bachelor and US masters degree alike. Therefore, for US master degree holders, the annual limit is 85,000, not 65,000 and certainly not 20.000. There is no authority in the INA for putting the US master degree cases in a separate category.

Roger Algase, Esq.
New York, NY

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. 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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