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Immigration Daily August 2, 2002
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Editor's Comments

ILW.COM is pleased to announce a new seminar course "Paparelli on Cutting-Edge Issues in Business Immigration Practice." The first session of this 3-session course led by Angelo Paparelli will explore "the gems and the thorns" in the July 31, 2002 INS Regulation Allowing Concurrent Employment-Based I-140/Adjustment of Status Filings. Topics covered will include:

  • How do you help your clients transition from nonimmigrant worker status to an open-market EAD without a gap in work permission?
  • Does the new regulation strengthen or undermine AC-21's provisions on AOS portability and H-1B portability?
  • How do you reduce the effect of layoffs and still preserve AOS eligibility under the new concurrent filing system?
  • How does the new regulation impact the requirement that the alien intend to work for the sponsoring employer?
  • Can your practice thrive despite new conflict-of-interest and malpractice exposures?
  • How do you adjust your marketing and client-service strategies to gain maximum benefits under the new concurrent filing system?
  • What Case Profiles and Job Categories Should You Accept or Decline for Concurrent Filing?
The guest speakers for this seminar course include Nathan Waxman, Pete Larrabee, Margaret Catillaz, Alan Tafapolsky, Bryan Funai (others to be announced).

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


200,000 Attorney Searches Per Year!

Approximately 200,000 searches are made each year for immigration attorneys on ILW.COM. That's almost 400 searches per year per attorney listed in our lawyer directory. Which means that if you are listed with ILW.COM, then your listing will be searched once each day throughout the year. You need only one client a year to make a profit on your listing! For a personal discussion on listing your practice in our directory, please send an e-mail with your phone number to Alternatively, if you prefer to list yourself on-line, please click here:

Featured Article

INS Rule Allows Concurrent Form I-140 And Form I-485 Filings, But Leaves Several Issues Unresolved
Cyrus D. Mehta examines unclear areas in INS's new rule on concurrent filings including portability and applicability in removal and deportation proceedings.

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

BALCA Says Three Years Processing Delay At DOL Excuses Employer's Statement In NOF Rebuttal
In the Matter of Saint Anthony Care Home, No. 2002-INA-00082 (BALCA, Jul. 17, 2002), the Board of Alien Labor Certification Appeals said that since three years had elapsed between the filing of the original labor certification, and the Notice of Findings issued by the Certifying Officer, the Employer was "not to be totally blamed for stating in his rebuttal the current situation of his business" instead of what it was when the original application was filed. The case was remanded to the Certifying Officer for certification or for issuing a second Notice of Findings.

Gestapo Murderer Denaturalized
The Department of Justice announced "a federal court in Pensacola, Florida has denaturalized a Panama City, Florida, man charged with participating in the mass murder of Jews and other civilians in 1942 and 1943 during the Nazi occupation of Belarus while serving in the Gestapo, the Nazis Secret State Police."

Fifth Amendment Due Process Violated When BIA Makes Adverse Credibility Determination In the First Instance, And Where Credibility Is Dispositive
In Manimbao v. Ashcroft, No. 00-71329 (9th Cir. Aug. 1, 2002), the court found that the Board of Immigration Appeals (BIA) erred in failing to remand the Petitioner's case to the Immigration Judge for an explicit credibility finding, in a case where credibility was the dispositive issue, and found that the BIA also erred in requiring Petitioner to provide corroborative evidence to meet his burden, when, if his testimony were deemed credible, he would have had no obligation to do so.

Zadvydas Applies To Inadmissible Aliens As Well As Deportable Aliens
In Xi v. INS, No. 01-35867 (9th Cir. Aug. 1, 2002), the court decided the issue of whether under the Supreme Court's decision in Zadvydas, 8 USC 1231(a)(6) has the same meaning for inadmissible aliens, such as Petitioner, as the Supreme Court held it had for deportable aliens, and concluded that it does, and thus Petitioner's indefinite detention is not permitted by statute. In dicta, the court said "excludable" is no longer a term that has any statutory import under the Immigration and Nationality Act.

Passport Fee Increase Reminder
The Department of State issued a reminder of fee increases for passports that will go into effect on August 19, 2002.

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:

Computerworld Article On H-1Bs
Paul Donnelly writes that H-1B is a government subsidy for business.

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 #.


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Letters to the Editor

Dear Editor:
I thought your readers would be interested in learning about a new campaign to support hard-working, tax-paying immigrants who have put down roots and made the U.S. their home. The Reward Work Coalition, a group of labor unions and immigrant advocacy groups, is spearheading a campaign to collect 1,000,000 postcards supporting the legalization of undocumented workers. The coalition partners, led by the Service Employees International Union, plan to deliver these postcards to the White House and Congress in October.

We need immigration policies that reflect reality. Our economy needs these workers, and is already, in fact, employing many of them. However, our immigration laws have not been updated to reflect this reality. We encourage your readers to support our efforts to overhaul our immigration system by signing a postcard today. For more information on the campaign, and to send an electronic postcard, visit:

Frank Sharry
Executive Director
National Immigration Forum

Dear Editor:
In response to Dave Murray's thoughtful comments about crackpot extremists being given a forum in your excellent newsletter, I would suggest that we need to be aware that this stuff is out there. It is essential that those of us with, shall we say, more informed opinions recognize that the less informed are vulnerable to specious reasoning on this subject, and too often support politicians who spout it. We need to take responsibility for affirmative education about immigration in this country, as well as reacting with facts in every case of disinformation or simple ignorance. I've been astounded at some of the lunatic raving I've found on a couple of anti-immigration websites, and sickened at the thought of people reading it & thinking "hey, he's got a point there." Knowledge still is power, and a little knowledge still is a dangerous thing.

Jane A. Hanson, Attorney at Law
Sacramento, CA

Dear Editor:
Mr. Goldstein draws an unwarranted conclusion from Shakespeare's "...let's kill all the lawyers" statement in Henry The Sixth. Characters Cade and Dick were discussing the utopian state of affairs if Cade were King of England even to the extent that,"...all shall eat and drink on my score; and I will apparel them all...". It is highly significant that Shakespeare through Dick would mention that an essential element of this utopia would be the elimination of lawyers ! How an endorsement of the role lawyers as the, "first line of defense against a failure of law and justice", could be drawn from this is beyond reason or reality.

If a Greater Authority would make my premise more credible, we could read from Matthew 23 or Luke 11, particularly verses 46 and 52 where Jesus rebukes the lawyers. Are there any who would say that this is an endorsement of the legal profession ?

Some of us once believed in the premise of "law and justice" as the foundation of law, but sad experience has shown all to often that money seems to be the primary motivation, at least at the level that most experience it today.

Immigration attorney's excessive selling of American citizenships and subsequent dilution of our culture, security and living standards at a time when an immigration time out is needed to sort out the excesses of the past and in light of the real security concerns arising from Sept 11, does justify the culpability premise, in my view.

For those inclined to investigate this premise further rather than to engage in ad hominem aspersions can review the following thought provoking articles: 1.) "MultiCulturism and Marxism" archived at [Scroll to 11/99] 2.) "MultiCulturism, Immigration and Aztlan" archived at [Article by Prof. Maria Hsia Chang -- an obvious great example of how immigration should work ]

M. Johnson
Phoenix, Arizona

Dear Editor:
I am an immigration attorney and do not mind the comments made by the so called 'concerned" American. At times Immigration attorneys do take advantage of immigration laws and Americans, if one accepts that aliens have no rights, nor are they entitled to due process under our system of jurisprudence, then we are taking advantage of our society's concern for the rule of law. Our concerned American, one of the nameless millions, believes that one person who commits crime is demonstrative of the attitudes and morals of all immigration attorneys. Well, I think that the nameless one is ignorant and shows his ignorance by his comments. Oh, am I doing the same thing as he is. I am truly sorry.

Jeremiah Wolf Stuchiner Esquire

Dear Editor:
The American Bar Association recently wrote to the House and the Senate on unaccompanied alien children. Documents on this issue from the UNHCR (Document 1, Document 2) may also be of interest to your readers.

Chris Nugent
American Bar Association

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Editorial Advisory Board
Marc Ellis, Gary Endelman

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