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Immigration Daily

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Immigration Daily March 16, 2007
Previous Issues
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Congress On USCIS Fees

We commented on USCIS user fees in our February 5th issue, arguing that the USCIS fee increase proposal should include a hardship waiver and that Congress should appropriate funds so that it would have effective oversight over the agency. Attorney General Gonzalez was quoted recently as stating to a House Committee hearing on this issue, "USCIS already allows a waiver for applicants making less then 125 percent of the poverty level." What was left unsaid was that the same fee increase proposal includes the elimination of the fee waiver. The current USCIS guidelines for determining eligibility for the hardship waiver are stated in a 7-page memo (see below). We believe that Congress should mandate that the hardship waiver should be non-discretionary and be a bright line test, which would obviate the need for lengthy memoranda. We congratulate Congress on finally taking this issue up and especially its understanding that lack of appropriations provides the USCIS the ability "to fudge the backlog of waiting applicants." (see for story.)

We welcome readers to share their opinion and ideas with us by writing to


Crimes And Immigration: A Definitive Manual For Winning Cases

The following is the table of contents for this definitive work:

  • Chapter 1: Evaluating A Criminal Case For Immigration Purposes
  • Chapter 2: Criminal Grounds Of Inadmissibility And Waivers
  • Chapter 3: Criminal Grounds Of Deportability
  • Chapter 4: Good Moral Character
  • Chapter 5: Detention And Removal Of Noncitizens Charged With Criminal Grounds Of Inadmissibility Or Deportability
  • Chapter 6: Applications For Relief From Removal For Criminal Aliens In Removal Proceedings
  • Chapter 7: Working With Criminal Defense Counsel And The Criminal Courts On The Structure And Amelioration Of Convictions
  • Chapter 8: Judicial Review
  • Numerous CD-ROM Resource Materials
This book is about to go to press. For more info, and for pre-publication orders, please see here.


Attorney Marketing: Secrets Of A Powerful Law Firm Web Site
Trey Ryder writes "When marketing legal services from your web site, you attract more clients and increase referrals when you provide information your prospects need."

To submit an article for consideration in Immigration Daily, contact:


6th Circuit Says Deadline For Filing Motion For Reconsideration Is Not Tolled By Petition For Review Filing
In Randhawa v. Gonzales, No. 05-3694 (6th Cir. Jan. 30, 2007), the court said in a de novo review that the deadline for filing a motion for reconsideration was not tolled by filing a petition for review.

USCIS Memo On Fee Waivers
USCIS issued a memo dated March 4, 2004, providing field guidance on granting fee waivers pursuant to 8 CFR 103.7(c).


Help Wanted: Immigration Paralegal
Houston, TX (Galleria area) - Law office of Judith G. Cooper, P.C. seeks legal assistant with experience in all aspects of employment-based immigrant and non-immigrant law. Candidate should have excellent computer, writing, case management and interpersonal skills. Send resume to Administrator by fax: (713)-622-8078 or e-mail

Credential Evaluation
Career Consulting International, offers credential evaluation of your non-US degree. Fast service at low prices. Mention Immigration Daily to receive 3-day rush service at no extra cost (reg. price $70, rush service $70 = savings of $70). H1B and I-140 specialists. Evaluations of 4 year degrees (72hr. rush service) only $70.00. Also 3 year degrees combined with PGD, second degrees, or work experience. Pay online. Toll-free fax/phone numbers. Our clients say it better than we do: "I don't know what to say but you changed my life. In a place that others failed you came and with your evaluation... I just got approved to my I-140." "I'd like to thank you for your services in evaluating my educational documents. You helped me in a difficult situation and through extensive research you were able to get results that other, "bigger" agencies were unable to achieve". Click here to see more testimonials. Free consultation. Call today toll free: 1.800.771.4723.


Readers can share their professional announcements (100-words or fewer at no charge), email: Readers interested in learning about featuring your event or conference in Immigration Daily, see here. To feature your newsletter in Immigration Daily, see here.

New Offices - Morristown, NJ
Christophe & Associates, P.C. is pleased to announce the opening of our new offices in Morristown, NJ, Tel: 973-656-0060 Fax: 973-656-0065. We are a Wall Street immigration law firm practicing exclusively in the highly specialized field of immigration, nationality and consular law. We offer a full range of immigration counseling services to clients throughout the US and worldwide. Our headquarters is located at 2 Wall Street, 8th Floor NY, NY 10005. Tel: 212-344-3800 Fax 212-344-3212.

Immigration Event - El Paso, TX
Catholic Legal Immigration Network, Inc. (CLINIC) & Catholic Charities of Dallas, Immigration and Legal Services present "Bars and Waivers: How to Prepare Waivers to Overcome Grounds of Inadmissibility". March 26-27, 2007. This training will review common grounds of inadmissibility, including health, crimes, fraud, smuggling, and prior immigration violations, and provide guidance on preparing and documenting waiver applications. The deadline to sign-up is February 19, 2007. Registration is limited. To learn more, including summary agenda, fees, and registration information, please see here. ILW.COM is pleased to be a media sponsor for this event.


Readers are welcome to share their comments, email: (300-words or fewer preferred). Many letters to the Editor refer to past correspondence, available in our archives.

Dear Editor:
I agree with the description in Honza Prchal's letter (03/15/07 ID) of our immigration system as "Kafkaesque" (not, I presume, Kafka, Esq.). Indeed this great writer from Mr. Prchal's own former Czechoslovakia would have been right at home with our immigration system. Kafka's famous novel "The Trial", if written today, might well have been called "The Proceedings" instead, based on what goes on at many deportation, asylum and other immigration hearings. However, few encounters with the immigration system in my experience have been more Kafkaesque than some interviews I attended in connection with the 1986 amnesty. Amnesty veterans will remember that applicants not only had to prove they had been in the US since 1981, but that they had been illegal during the entire time. I witnessed some interviewing officers who threatened to deny cases because they thought that the applicant had had legal status for some part of the time in question, such as, for example, a valid student I-20. In turn, the applicants would insist that even if they had had valid status of some sort, they had violated their status and had therefore always been illegal and accordingly qualified for amnesty. Now, times have changed and illegal immigrants today, instead of being able to attain amnesty through any procedures, Kafkaesque or otherwise, are treated more like the protagonist in Kafka's "Metamorphasis", who, it will be recalled, changed from a human being into a cockroach.

Roger Algase, Esq.
New York, NY

Dear Editor:
I came to know your services from [email address omitted]. Kindly send daily legal services or reports to me.


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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. Copyright 1995-2007 American Immigration LLC, ILW.COM. Send correspondence and articles to Letters and articles may be edited and may be published and otherwise used in any medium. The views expressed in letters and articles do not necessarily represent the views of ILW.COM.

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