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Immigration Daily

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Immigration Daily June 21, 2002
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Editor's Comments

Lynn Calder has joined Franco Capriotti and David Ware as Guest Speaker for Robert Divine's seminar "Overview of the Immigration Process." For a detailed seminar course outline and syllabus, click here. The deadline to sign up is Sunday, June 23rd.


Overview Of The Immigration Process

Immigration lawyers spend much time on the ever-changing rules of eligibility for visas, permanent residence, and citizenship. But at the heart of immigration practice is the process for obtaining and keeping these benefits. ILW.COM has invited Robert Divine to present a seminar series on the immigration process. Mr. Divine is the author of Immigration Practice, a well-respected, readable, 1,400 page handbook treatise on all aspects of immigration law that was just published in its 2002 (8th) edition, available at Mr. Divine is the recently re-elected Chair of the 5 state "MidSouth" chapter of the the American Immigration Lawyers Association, and he is known for his no-nonsense, highly practical approach to discussing how to handle immigration problems.

This series would be a particularly good opportunity for attorneys and their paralegals efficiently to listen together as a training tool, and perhaps serve as a springboard for further in-house discussion and training about particular problems. Of course, it will be extremely helpful for relatively inexperienced immigration lawyers, and even experienced immigration lawyers will find Mr. Divine's overview of the process to be a helpful review.

For a detailed seminar course outline and syllabus, click here.

For more info, or to sign up online, click here.
For more info, or to sign up by fax, click here.

Featured Article

News From The Annual American Immigration Lawyers Association Conference
Greg Siskind and Amy Ballentine write about some of the highlights of the recently concluded AILA meet in San Francisco.

Attorney listings on ILW.COM are searched 200,000 times/year! Each attorney listed is searched an average of once each day! Just one new client will pay for the entire year's fee! Click here for more info:

Immigration Law News

Congressman Responds To Powell Criticism On Moving Visa Function Of DOS To Homeland Security
Rep. Souder (R-IN) responding to Secretary Powell's criticism of the visa function of DOS being transferred to the Department of Homeland Security in the House of Representatives said "One fundamental question is, why are the people who are making the visa decisions at the embassies not considered part of the homeland security since otherwise the people at the Border Patrol, the Customs, the INS and others who are making those decisions at the border are merely reacting to what has been cleared at the embassy? Secretary of State Powell has objected with several comments and I wanted to respond to those. He says that the Secretary of State and the State Department no longer have command over employees at the embassy. Of course not. There are other people who work at our embassies abroad, DEA, for example, and other agencies of the United States Government, the Defense Department, who work through our embassies and are not the direct employees of the Secretary of State. They have different missions. In this case, visa clearance, in my opinion, is a homeland security question predominantly and secondarily a foreign affairs question."

Homeland Security Will Take Over Immigration Functions From DOJ And DOS
Speaking in the House of Representatives on the issue of the Select Committee on Homeland Security, Rep. Dreier (R-CA) said "Another well-known example is the overlapping roles of the Immigration and Naturalization Service and the State Department when it comes to regulating permanent and temporary immigration to the United States. While the INS has overall responsibility for immigration matters, the State Department is in charge of issuing visas to foreign nationals coming to the United States. The homeland security initiative moves both the INS and the State Department's control over visa issuance to the new Secretary."

GAO Says INS And DOL Have Different Interests In Immigration Enforcement
In testimony before the House Subcommittee on Immigration, the General Accounting Office said that Department of "Labor officials will not delve into worksite immigration matters if it would have a detrimental effect on Labor's primary mission of enforcing worker protection laws. If employees perceived that Labor investigators were trying to determine their immigration status and possibly report those who may be unauthorized to INS, it would have a 'chilling effect' on employees' willingness to report workplace violations."

Downward Departure On Basis Of Agreement To Waive Hearing And Consent To Administration Deportation Denied
In US v. Gonzalez-Renteria, No. 02-1018 (8th Cir. Jun. 10, 2002), the court said that it would not review the district court's denial of a downward departure motion where there was no evidence that the court did not understand its authority to depart or that the court was motivated by an unconstitutional reason.

Upward Departure For Underrepresented Criminal History Upheld
In US v. Garcia-Zuniga, No. 02-1585 (8th Cir. Jun. 20, 2002), the court said that the district court's upward departure based on Defendant's charged and uncharged conduct outlined in the unobjected-to presentence report was not an abuse of discretion.

No Jurisdiction To Review Untimely Filed Petition For Review
In Wordafa v. INS, No. 01-1920 (4th Cir. Jun. 18, 2002), the court said that it did not have jurisdiction to review an untimely filed petition for review of an order of the Board of Immigration Appeals (BIA) and that the BIA did not abuse its discretion in denying Petitioner's motion to reopen.

Administrative Remedies Must Be Exhausted Prior To Petition For Review
In a bench opinion in Tsymbalenko v. Ashcroft, No. 01-3564 (3rd Cir. Jun. 14, 2002), the court said that it did not have jurisdiction over the petition for review since the alien had failed to file a motion to reopen the deportation order, even though such was filed subsequent to the filing of the petition for review.

DOS Announces Grant
The Educational Information and Resources Branch of the Bureau of Educational and Cultural Affairs of the Department of State announced an open competition for an Educational Advising Program for International Students from Hong Kong/China.

Keep on top of the latest in immigration law! Attend ILW.COM seminars! You can attend ILW.COM phone seminars from the convenience of your office! For more info on the seminars currently available, please click here:

Profile Of Peter Schey
A lengthy, seven-page profile of immigration attorney Peter Schey by New Times Los Angeles says "One of the nation's preeminent immigration attorneys, Schey has helped more than 1 million illegal immigrants become American citizens. He was one of the first lawyers in the country to bring class-action lawsuits against the Immigration and Naturalization Service on behalf of illegals. He successfully led the fight against Proposition 187, a 1994 ballot measure that would have denied government benefits such as healthcare and education to undocumented residents of California. Schey also won the landmark 1982 Plyler v. Doe case before the U.S. Supreme Court, which allowed illegal immigrant children to attend public schools."

House Immigration Subcommittee Chairman Says Millions Among Undocumented Are Terrorists
The Washington Times quotes Rep. Gekas (R-PA), chairman of the House Immigration Subcommittee saying "There are thousands among those millions, perhaps millions among those millions, who have exactly that kind of mind-set to do harm to our country, to be or become terrorists."

How to Get and Keep Corporate Clients? Use ILW's Case Tracking! Each case takes only a few minutes from start to finish! Serious practitioners find this modern technology a "must have." For more info, send e-mail to:, include your phone #.


Help Wanted - Immigration Attorneys
Entry-Level Associate and Experienced Associate sought by San Francisco Bay Area Immigration law firm (job location: Oakland, CA). We excel at deportation defense, including asylum, international human rights defenses, discretionary (equitable) relief, as well as naturalization and family-based immigration. Great deal of trial work in the courts of the Federal Immigration Judges in San Francisco, California. Some Federal court litigation to challenge constitutionality of the jailing and deportation of our clients. Some "criminal alien" defense cases and post-conviction appeals in criminal cases. Entry-Level Associate position: Must speak either Spanish or Portuguese fluently for client interviews. Will draft narrative declarations for clients about their background experiences, hardships, or persecution in native country, and research news reports and NGO reports in support of claim. Will liaison with local social service providers for services and for assistance in case documentation. Draft legal briefs applying law to facts of clients' cases. Upon admission to Bar of any state, will begin to represent clients in hearings before INS examiners and Immigration Judges. Experienced Associate position (upto 3 years experience): Spanish not required for experienced Immigration Law practitioner. Depending on areas of interest and experience, the experienced associate will handle court hearings, waiver cases, BIA appeals, and/or Federal habeas corpus and petitions for review. For both positions: Highly competitive compensation includes salary, benefits, and fee sharing. Moving expenses. Sunny, high-tech office in historic landmark building at Oakland City Center, 15 minute BART ride to INS and Courts in San Francisco. Apply with resume by MAIL to: Immigrant Defense, Law Office of Robert L. Lewis, 409 13th Street, 16th Floor, Oakland, CA 94612. (Entry-level applicants, please state language skills with specificity and include sample of legal writing.) Please note: e-mail inquiries may be accepted, but attachments will NOT be opened. Email:

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Letters to the Editor

Dear Editor:
The proposed PERM regulations would codify current INS practices by preventing nurses without either CGFNS or a "full and unrestricted license" from having a permanent visa petition approved on their behalf. The problem with this formulation is that in order to obtain a license, a nurse usually must be in possession of a social security number. This is next to impossible for a nurse who resides abroad or who is present in the United States as a visitor or a student. Without a social security number, it is impossible for most nurses to obtain a state license. This forces nurses, even those who have passed the NCLEX examination, to take and pass the CGFNS examination as well even if this is not required to obtain a state license.

Carl Shusterman

Dear Editor:
In Immigration Daily dated 6/20/02, you published a letter from the Los Angeles Office of the National Immigration Law Center asking for support for legislation to legalize students who are in the U.S. illegally if they meet certain criteria. In the letter the writer(s) referred to FAIR (the Federation for American Immigration Reform) as "anti-immigrant".

I have been a member of FAIR for several years and recently attended the lobbying effort in Washington, D.C. I'm not "anti-immigrant" nor is FAIR. We would like to see a reduction in the present rate of legal immigration and a lot less illegal immigration. We don't believe that this country can adequately cope with the present rates of immigration, and we're concerned about the threats to national security caused by lax enforcement.

I'm sure that there are a few people in the "reductionist" movement who are anti-immigrant, just as I'm sure that there are people in the "pro-immigrant" movement who favor no borders at all. It's no more correct to say that everyone who favors a reduction in immigration is "anti-immigrant" than it is to say that everyone who is "pro-immigrant" favors open borders.

John H. Frecker
Baileyville, ME

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Editorial Advisory Board
Marc Ellis, Gary Endelman

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