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Immigration Daily August 22, 2002
Previous Issues
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Editor's Comments

The Department of State gave notice of the DV-2004 program. Its Bureau of Consular Affairs issued a helpful (and lengthy) set of instructions and Questions/Answers for the DV-2004 program.


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Featured Article

State Department Issues Rules For 2004 Diversity Visa Lottery
Greg Siskind and Amy Ballentine write about the DV-2004 program.

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Immigration Law News

DOS Publishes DV 2004 Rule
The Department of State published a public notice of registration for the Diversity Immigrant Visa Program providing information on how to apply for the DV 2004 Program.

DOS Instructions On DV-2004
The Bureau of Consular Affairs of the Department of State issued a detailed and lengthy set of instructions for the 2004 DV lottery. The instructions include 22 Questions and Answers, and helpful graphics of a sample application and a sample envelope.

BLS On Occupations Of Foreign-Born Workers
The Bureau of Labor Statistics issued statistics on the occupations of foreign-born workers. The release says "Seniority, and language problems for non-English speakers, are two likely reasons why the foreign born are underrepresented in executive and administrative occupations ... Poorer educations, language difficulties, and unfamiliarity with the U.S. job market are likely explanations for the high proportion of foreign born in lower-paying jobs."

BLS On Foreign-Born In Labor Force Expansion
The Bureau of Labor Statistics issued statistics saying "The foreign born played an important role in the 19962000 labor force expansion. During this period, foreign-born workers made up nearly half of the total labor force increase of 6.7 million."

INS Releases More H-1B Stats
INS issued a Report on H-1B petitions filed and approved for the third fiscal quarter of 2001.

DOL Settles With Employer In LCA Matter
In the Matter of Wage and Hour Division v. R-Tech Group, Ltd, No. 2002-LCA-4 (OALJ, Aug. 16, 2002), the Office of Administrative Law Judges approved a Settlement Agreement and Consent Findings between the Employer and the Department of Labor

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Militant Islam And Immigration
United Press International quotes Daniel Pipes, director of the Middle East Forum "Militant Islam is a threat, is a challenge to the United States ... Its ambitions are very great ... They're not limited to foreign policy but seek also to change the very nature of the United States. To put it simply, where there are differences between Islam and American ways, the militants want to change America and make it Islamic. This is going to be, I believe, a significant issue in the years ahead."

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Seeking experienced business immigration lawyer with 6 to 10 years of experience for shareholder or limited equity shareholder position with long established El Paso av rated law firm. Board certification is preferred. Should be experienced in reduction in recruitment, healthcare related petitions, TNs, Ls, Os, Hs, Es, consular processing, case management, etc. For further information, please contact Kathleen Walker at Kemp Smith, PC, 221 N. Kansas, Ste. 1700, El Paso, Texas 79901,, or at 915-546-5325. For further firm information, please refer to

We carry advertisements for Help Wanted: Attorney, Help Wanted: Paralegal, Help Wanted: Other, Positions Sought, Products & Services Offered, etc.
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Letters to the Editor

Dear Editor:
An article entitled "Lawyer Without Texas Bar Card Fights for Right to Practice", linked in the August 20, 2002 issue of Immigration Daily reports that former AILA president, and prominent immigration attorney Peter Williamson has brought a lawsuit on behalf of the Texas State Bar's Unauthorized Practice of Law Committee against a New York-licensed attorney who has the audacity to practice immigration law in the Great State of Texas. I was intrigued because I have always been under the impression that federal practitioners need not be licensed in a state where they are advising solely on federal law issues - immigration in particular. This lawsuit is indeed interesting from the standpoint of both an immigration lawyer and a litigator, especially because there is no allegation of malpractice or wrong doing on the part of the defendant, attorney Dakshini Senanayake.

According to the article, Mr. Williamson argues that Texas state family and criminal law matters sometimes need to be taken into consideration in advising on immigration matters by taking the position that an immigration lawyer must know what effect Texas' family and criminal laws may have on their clients' immigration cases. I suggest that if this is indeed the case, then perhaps in order to succeed in their legal action for unauthorized practice of law, the UPLC would need to prove that an attorney against whom they bring such a lawsuit has indeed actually given this type of advice, rather than alleging that they "may" be called upon for this type of advice. Although I am a litigator and an immigration lawyer, I never give advice to clients in the areas of family law and criminal law, but refer clients with these types of questions to a qualified professional in those complex areas of practice.

In the article, Mr. Williamson is quoted as saying, "If a person has a problem with a lawyer they can go to the Bar [to complain]; with a person licensed elsewhere, there are no controls," Williamson says, "To the extent that she says she limits her practice to federal administrative law, there is no oversight to that either. And that is what the Unauthorized Practice of Law Committee is all about."

But in this instance, Ms. Senanayake is not an unlicensed lawyer, consultant or paralegal, she is a lawyer, licensed in the State of New York, thus her ticket to practice before the Federal Courts (albeit on a limited basis) and heretofore believed to be able to advise on strictly federal administrative law in any state.

Serious grievances can always be brought against an offending lawyer in the forum of licensure, in this case New York, and since complaints against attorneys are normally filed by mail, and require no personal appearance, it makes no difference whether the phone call made, or the envelope containing the complaint, travels to Austin, Texas or Albany, New York. Furthermore, if I am not mistaken, the EOIR is the sanctioning body for immigration practitioners, so Mr. Williamson's argument that attorneys unlicensed to practice state law in a particular state, who are practicing federal administrative law, are unregulated, may be double without merit.

Perhaps Ms. Senanayake is correct in her allegation that the motivation for the UPLC's suit against her is protecting the business of Texas lawyers from outside competition as she is quoted as stating in her federal petition, "The action is being prosecuted by an immigration lawyer in private practice in Houston, raising the specter of anti-competitive motives." But in reality, there does seem to be a compelling legal question here that has long needed a definitive answer. It appears only the Supreme Court of the United States of America may be able to determine this issue, but it is a sad commentary on a truly ripe legal issue that Ms. Senanayake has reportedly responded with a countersuit in which she alleges that the UPLC is violating her "civil rights", when all she really needed was to mount a vigorous and intelligent defense on the merits.

David D. Murray, Esq.
Newport Beach, CA

Dear Editor:
I read Mr. David Murray's response to my letter. I dont think I wrote a "bunch of bunk". That is our story and whatever mistakes were made by us, being very naive back then, or by the INS, what is the solution? We are too old to start all over again, we dont have the money to start all over again and a family will be ripped apart. And yes, we had have hired a professional.

Name Not Supplied [Editor's Note: Presumably Gisela Boecker]

Dear Editor:
In today's issue, you have the following sentence: "The BIA had summarily dismissed the Petitioners' matter and the court remanded the case back to the BIA for consideration of the merits."

When there is a "remand," that means the higher tribunal returned the matter to the lower tribunal. Thus, when you state that the tribunal "remanded the case back," you are in fact being "redundent and repetitive." Either the case was sent back or it was remanded, not both.

I realize that this is no big deal, just a pet peeve of mine. Therefore, I appreciate your allowing me to bring it to your attention.

Douglas H. Duerr
Elarbee, Thompson, Sapp & Wilson, LLP
Atlanta, Georgia

Editor's Note: Mr. Duerr is correct. We were in error.

Dear Editor:
Thank you for providing the sevis newsletter. It is very important that all be aware of what is happening on sevis. The issue that you have today is their may issue. In fact, INS fired the sevis implementation team. That is a very bad sign. Could you provide a more recent issue if it has been published since may. Thank you.

adam green

Editor's Note: Sevis-Smart is a quarterly newsletter. The issue we posted was for Q2, 2002. As and when we receive the Q3, 2002 newsletter, we will carry it in Immigration Daily.

Dear Editor:
The Child Status Protection Act recently signed by President Bush seems to be most undemocratic and prejudicial law, because it didn't follow the democratic values. In a democratic country, a law should treat and embrace all people on the same footing, and whatever benefits and relief are offered should be given to all. But, this Act failed to benefit the children of lawful permanent residents, who are converted to F2B from F2A (Family-based) after their turning 21, while benefiting the children of the refugees and asylees. Under this new law, these children of the refugees and asylees are considered as minor children even though they attain 21 years of age after their application was filed. The new law has considered them as minor children on the basis of their age on the date on which the petition is filed. With this, justice is not done to the children of the LPRs, who are converted to F2B preference category due to their turning 21. These children of F2B preference category, who were under 21 when their parent filed petition, should also be considered as minor children until they are issued green card.


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Editorial Advisory Board
Marc Ellis, Gary Endelman

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