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Immigration Daily April 15, 2011
Previous Issues
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Comment: Patriots Day - ILW.COM's offices will be closed on April 18th as we celebrate Patriots' Day. Patriots' Day is celebrated in honor of the anniversary of the Battle of Lexington and Concord on April 19, 1775, which is generally considered to be the beginning of the American Revolutionary War. For more information on Patriots' Day, see here.

Article: Going Electronic? The "Seven W's" for Developing an Effective SOP for Electronic I-9 Implementation by Tien-Li Walsh and L. Batya Schwartz Ehrens

Bloggings: Georgia Lawmakers Pass Arizona-Style Immigration Law by Matthew Kolken

Bloggings: Do Women Face Discrimination In The Asylum System? by Jason Dzubow

News: DHS Publishes Final Rule On Acceptable Employment Eligibility Verification Documents

Focus: Consular Processing for Experts
ILW.COM is pleased to announce Consular Processing for Experts, a new 3-part telephone seminar with Jan Pederson (discussion leader), Kehrela Hodkinson, Laurel Scott, Elaine Witty and others. Tuesday, April 19 is the deadline to sign up, the curriculum is as follows:
FIRST Phone Session on April 20: 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-160
    • 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 12: 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.
  • "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 2: 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
Tuesday, April 19 is the deadline to sign up. For more info, including speaker bios, detailed curriculum, and registration information, please see: Online: Fax form: Don't delay, sign up today.

Headline:THE PHYSICIAN IMMIGRATION BOOK is coming soon. until then, order your copy today!
Headline:check it out RT @UAFAwatch UAFA being reintroduced
Headline:Florida immigration reform: " We do not need 67 mini-Arizonas?"
Headline:How U.S. Immigration Policy Is Tearing American Families Apart
Headline:RT @raylab Immigration Activists to Meet with Morton, Demand ICE Abuses Stop
Headline:disturbing RT @MarioWire Undocumented man in coma after taser incident with border patrol
Headline:RT @LatinosMatter: Tough illegal immigration bill headed to Ga gov - El Paso Times
Headline:RT @jackiebdiaz WOW...that's horrible! RT: @latimes Georgia passes immigration bill similar to Arizona's
Headline:RT @senatus: Dem Senators want Pres to delay deportations of students who would qualify under DREAM Act -
Headline:H-1B workers, Indian ITprofessionals, with pending extension pleas can stay and may not be arrested for "overstaying"
Headline:Georgia lawmakers pass Arizona-style immigration bill: authority to question about immigration status
Headline:Danger zone for GOP candidates -- immigration
Headline:Immigration reform: tricky political tightrope in Florida House and Senate
Headline:The Immigration Compliance Book: Understand I-9 concepts, I-9 advanced topics and E-Verify. Get your copy today at

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Help Wanted: Immigration Attorney
Washington, DC - The Office of the Chief Counsel (OCC), U.S. Citizenship and Immigration Services (USCIS), Department of Homeland Security (DHS), seeks an experienced attorney with demonstrated legal knowledge and experience involving verification of immigration and citizenship status and employment eligibility issues and interpretation of statutes and regulations that would enable the candidate to provide legal advice regarding the Agency.s E-Verify and SAVE programs, for the Commercial and Administrative Law Division (CALD). The attorney would report to the Deputy Chief of the Commercial and Administrative Law Division in Washington, D.C. Applicants must possess a J.D. degree from an accredited law school and be an active member of the bar (any jurisdiction). You must have three or more years of professional legal experience, acquired after being admitted to the bar, commensurate with the duties and responsibilities of the position. Experience interpreting statutes and regulations is required. Experience advising clients on privacy and disclosure issues and on programs similar to E-Verify and SAVE is highly desired. For more info, key in Job Announcement Number: COU-CIS-2011-0004 at Submit cover letter, resume, and writing samples to: Must be received by close of business, Friday, April 29, 2011. Position is at the GS-0905-13/15 level.

Help Wanted: Immigration Paralegal
Englewood, NJ - Wildes & Weinberg, PC, a prestigious immigration law firm, seeks experienced immigration paralegal to train for 3 to 6 months in its Midtown Manhattan offices before working permanently in its Englewood, NJ office to work on immigrant and non-immigrant matters. Applicant must possess 2+ years of work experience in the area of business immigration, particularly with preparing, organizing and filing PERM applications, O-1, E, H-1B and L-1 visas, as well as strong writing and communication skills. Please send resume and cover letter to

Help Wanted: Immigration Attorney
Downtown Chicago, IL - AzulaySeiden Law Group seeks an immigration attorney. To be considered, a candidate must have a minimum of 3 years experience practicing immigration law. The firm deals in all areas of immigration, including removal defense, business, family, appellate work and outbound immigration services. Experience in removal defense and fluency in a foreign language preferred. We seek a motivated, committed individual who wants a focused, contemporary environment that celebrates diversity. If you are a goal driven individual who would appreciate the opportunity to work in a leading US immigration law firm, you may be the right fit. We offer fair compensation based on experience and incoming business, along with a full benefits package and believe in promoting a healthy balance between work and personal life. Please send a resume, writing sample, law school transcript and any inquiries to

Help Wanted: Immigration Paralegal
Newark, NJ - Mid-size gateway firm seeks paralegal on a part-time or contract basis, with future potential for full-time, to prepare full-range of business immigration applications (including H-1B, L-1, PERM, I-140). Must have BA degree with 1-2 years of business immigration experience and excellent communication and writing skills. Competitive compensation. Email resume, cover letter and salary requirements to

Credential Evaluation And Translation
Why do the largest law firms, corporations and universities in the U.S. choose AETS for their foreign credential evaluations? Because as the nation's leader in foreign credential evaluations and translations, American Evaluation & Translation Service, Inc. (AETS) provides the most competitive rates in the industry - $75 educational evaluations, as well as $300 '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 Credential Evaluation Application. 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, see: AETS Translation Application. Please contact AETS at anytime at (786) 276-8190, visit , or email:

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ComingsNGoings: Immigration Reading
Immigration Policies And Their Impact On Migrants' Journeys - by Mechthild Baumann, Astrid Lorenz, and Kerstin Rosenow - Budrich UniPress Ltd., 280 pp. - Paperback, ISBN: 3940755761, $99.95 -

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Publisher:  Sam Udani    Legal Editor:  Michele Kim                        ISSN:   1930-062X