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Immigration Daily

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Immigration Daily November 25, 2002
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Editor's Comments

Immigration-related responsibilities in the new shape of the federal government appear to be as follows:

  • Department of Homeland Security - Bureau of Transportation Security, Bureau of Citizenship/Immigration Services
  • Department of State - Consular Affairs, Educational/Cultural Affairs, Population/Refugees/Migration
  • Department of Labor - Employment Training Administration, Employment Standards Administration
  • Department of Justice - Executive Office for Immigration Review, Office of Immigration Litigation, Office of Special Counsel, Office of Special Investigation
The above is most certainly a complex structure, reflecting in some degree, the complexity of the subject of immigration itself. Whatever other inferences can be drawn from this complexity, one thing appears crystal clear: this complexity is good news for immigration lawyers. Our informal understanding of the cases filed for immigration benefits is that the majority of cases, perhaps a significant majority, are filed without assistance of counsel. Often times, this is not for economic reasons; many perceive the immigration process to be simple, even when it is not. This is particularly true for family-based immigration. With increased complexity in immigration procedure as the future of the Homeland Security Department unfolds, it is likely that a larger percentage of family-based immigration cases will be filed with assistance of counsel than has hitherto been the norm.


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

H-1B Series: The Labor Condition Application - Part 7
George N. Lester IV continues a discussion of the labor condition application.

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Immigration Law News

INS Releases Official SEVIS School Official User Manual: F & M Students
The INS released the Official School and Exchange Visitor Information System (SEVIS) School Official User Manual: F & M Students for academic officials to timely report and monitor international students and visitors in the US.

INS Communique
The INS Communique's April and May issues are now available. The INS April Communique contains information on Ziglar's establishment of a program management office to implement an entry-exit program and on how improved information-sharing with the FBI, has allowed the marshals service to take a bite out of crime. To read about Ziglar's new bi-national border safety measures for the world's busiest port, check out the INS May Communique.

INS Expands Registration Requirements By 13 Countries
The INS issued a notice requiring nonimmigrant aliens from Iran, Iraq, Libya, North Korea, Sudan, and Syria and Afghanistan, Algeria, Bahrain, Eritrea, Lebanon, Morocco, North Korea, Oman, Qatar, Somalia, Tunisia, United Arab Emirates, and Yemen to appear before, register with, and provide requested information to the Immigration and Naturalization Service on or before January 10, 2003.

GAO Report Finds Elimination of Visa Waiver Program Could Affect Global Relations & US Tourism
The General Accounting Office (GAO) reviewed the Visa Waiver Program, including the process for assessing countries' eligibility to participate in the program and the implications of the program's elimination. The GAO concludes that the impact on US national security of eliminating the Visa Waiver Program is difficult to determine but that US tourism and US global relations will certainly be affected.

Senate Passes Iraqi Scientists Immigration Bill
The Senate passed the Iraqi Scientists Immigration Act of 2002.

GAO Report Concludes INS Can't Locate Aliens Because Of Unreliable Records
The General Accounting Office (GAO) addresses issues related to the reliability of INS's alien address information. The GAO recommends that the INS publicize the change of address notification requirements and establish corresponding procedures and controls.

Virginia AG Memo Urges Educators To Turn In Undocumented
The Assistant Attorney General of the state of Virginia sent a memorandum to institutions of higher education in Virginia urging public employees in higher education to turn in undocumented immigrants to the INS. (Courtesy of Dan Kowalski, Editor-in-Chief of Bender's Immigration Bulletin.)

Court Finds No Abuse Of Discretion By BIA
In Huang v. INS, No. 02-1601 (4th Cir. Nov. 22, 2002), the court said that its review of the record disclosed that the Board of Immigration Appeals did not abuse its discretion denying Petitioner's motion to reopen.

Fraudulently Obtained J-1 Visa Is Subject To 212(e) Residency Requirement
In Espejo v. INS, No. 01-71568 (9th Cir. Nov. 22, 2002), the court found that the Board of Immigration Appeals was reasonable and correct in denying Petitioner's petition alleging that the 212(e) foreign residence requirement did not apply to him since he procured his J-1 Visa by fraud.

Hostage Taking In Alien Smuggling, Aliens Are More Vulnerable Than Others Held For Ransom
In US v. Sierra-Velasquez, No. 00-50749 (9th Cir. Nov. 22, 2002), the court found that hostage taking in the alien smuggling context occurred in this case since the defendants held the aliens in a manner not contemplated in the alien smuggling agreement, they threatened to kill the aliens, and made payment demands of the aliens' families; and found that the two level enhancement for victim vulnerability was proper since aliens who want to enter the country illegally and are dependent on their smugglers for entry are more vulnerable than other categories of persons who may be held for ransom.

IJ's Shortcut Is A Mistake Prejudicing Asylum Petition
In Cano-Merida v. INS, No. 01-71423 (9th Cir. Nov. 22, 2002), the court held that the Petitioner was denied a meaningful opportunity to present his asylum application since the Immigration Judge (IJ) pressured him to drop his asylum claim before any significant exploration of all relevant facts had occurred despite the IJ's duty to fully develop the record when the Petitioner appeared pro se, and since the IJ made decisions indicating that he, the IJ, was not interested in formally hearing evidence or adequately explaining hearing procedures (including admitting a country report into evidence without allowing Petitioner a meaningful opportunity to review or object to the report, and not discussing with Petitioner his option to appeal), and since prejudice was demonstrated by Petitioner being denied an opportunity to present oral testimony before the IJ or the Board of Immigration Appeals with his motion to reopen.

Border Patrol Beacons For Migrants In Distress
The Tuscon Citizen reports "The U.S. Border Patrol has authorized a public service announcement about its eight rescue beacons, which are designed to curb the number of heat-related deaths in the desert."

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Help Wanted: Experienced Immigration Attorney
Cyrus D. Mehta & Associates, PLLC, a recognized New York-based immigration law firm, is seeking to hire an experienced immigration associate who is well rounded with a high level of expertise in business, family and deportation areas. You must have gained between three to five years of solid experience in immigration law, have very strong writing skills, be a self starter and have already begun to play a leadership role through involvement in bar associations, publishing articles or speaking at seminars. You would also have developed client relations, managed a heavy and diverse caseload and maintained the highest ethical standards. You will ally with a highly motivated principal attorney who is passionate about immigration law in an elegant Wall Street office along with a team of like minded attorneys and paralegal staff. Membership in the New York state bar is a must. If you have a desire to make a long term commitment with the firm as well as rapidly advance your career, write in confidence with a cover letter, resume and financial requirements to Cyrus D. Mehta at:

Labor Certification Advertising
Do you place labor certification advertisements on behalf of your clients?
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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:
I have not received any ILW.COM mailings since Nov. 1. Other people in my office are having the same problem. Please advise.

Charles M. Goldsmith, Esq.
New York, NY

Editor's Note: We do not remove anyone's email address from our subscription list. However, if your network administrator tweaks your organization's email settings to exclude undesirable email, that may inadvertently stop email you want to receive (like Immigration Daily) from getting to you. This is a common occurance for many of our readers. In their zeal to fight spam, networks are so configured as to exclude legitimate publications like ours which our subscribers want to receive. The only remedy we know is to re-subscribe and contact your network administrator.

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. Opinions expressed in letters and articles do not necessarily reflect the opinion of ILW.COM.

Editorial Advisory Board
Marc Ellis, Gary Endelman

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