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Immigration Daily

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Immigration Daily July 09, 2007
Previous Issues
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Mothers Milk

USCIS cleared 60,000 from the EB backlog by approving cases older than 6 months, some without completing FBI security checks. The USCIS action may run afoul of:

  • 9 FAM Appendix I 302.1 which defines "documentarily qualified applicants" as those applications which have completed its clearance procedures
  • 9 FAM 42.51 Procedural Notes 1 which states that monthly allottment of visa numbers should not include non-documentarily qualified applicants absent special individual circumstances
  • 22 CFR 42.51 which limits the number of immigrant visas that may be issued in any month to 10% of the worldwide amount of 140,000, plus any remaining balance from previous authorizations
A week has passed since the Visa Bulletin was updated and no lawsuit has yet been filed. While a lawsuit will uncover all the sordid facts of this drama, the litigation road is protracted and cumbersome. Is there a better way? Yes. Since money is the mother's milk of politics, Congress is in an ineviable position to hold USCIS accountable. Rep. Lofgren began the dialogue by issuing letters to Secretary Rice and DHS Secretary Chertoff asking them to reconsider any mid-month updates of the July Visa Bulletin, maybe the Senate can get into the act too. Mark-up hearings should be held by both the Senate and the House next week to suspend USCIS's fee increase until USCIS comes clean about this mess. Anything less from Congress will be a tacit condonation of Executive Branch anarchy in our immigration system.

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


Relief From Removal: A Definitive Manual For Winning Cases - Now Shipping

The following is the table of contents for this definitive work which is now being shipped:

  • Chapters: Removal proceedings; Grounds of deportability; Grounds of inadmissibility; Contesting removability; Adjustment of status; Waivers of inadmissibility and deportability in Removal proceedings; Section 212(c) and Cancellation of Removal for Lawful Permanent Residents; Cancellation and Suspension for Non-Permanent Resident Aliens; Asylum, Withholding of Removal and protection under the Convention Against Torture; Voluntary departure; Naturalization as a defense to Removal; Administrative review of Removal Orders; Judicial review of Removal Orders
  • 23 Appendices include: Sample cover letter and instructions for requesting a FBI criminal record check; Sample Motion to Suppress; Sample Motion to Dismiss; Sample Brief in Support of Motion to Terminate Removal Proceedings; Sample Motion to Terminate to Proceed on an Application for Naturalization Pursuant to 8 CFR 1239.2; Sample Notice of Appeal from a decision of an Immigration Judge; Sample Motion for Extension of Time to File Brief to BIA
  • CD-ROM has 600+ important documents including: key BIA & Federal cases, selected USCIS/ICE memos and DOS cables, forms from USCIS & EOIR, relevant regulatory sections from 8 CFR & 42 CFR, significant statutory provisions from the INA, 18 USC & 28 USC, Links to informative internet resources, etc.
For more info, and to order, please see here. For the fax order form, see here.


Where Do We Go From Here? Life After Comprehensive Immigration Reform
Gary Endelman asks "Now that CIR is gone, stand alone benefits are back on the table. Now that the shouting has died down, and the embers of political passion have cooled, we must ask ourselves one disturbing question whose simple insistence demands an answer: Where do we go from here?"

Are Cops Constitutional?
Roger Roots writes " ... extensive historical and legal evidence shows that modern policing is in many ways inconsistent with the original intent of America's founding documents."


CRS On Visa Issuance
The Congressional Research Service issued a report on the policies, issues, and legislation related to visa issuance.


Help Wanted: Immigration Paralegal
Kent, WA, a Seattle suburb - Hanis Greaney Prothero, PLLC seeks to hire a full-time immigration paralegal. Paralegal will support attorneys with the processing and management of a high volume caseload of all types of immigration petitions. The position requires substantial direct client interaction. Successful candidate must be organized, detail-oriented, with strong interpersonal and communication skills. Applicants should have minimum 2+ years experience as an immigration paralegal and must speak, read, and write Spanish fluently. We provide a collegial atmosphere with high professional standards and offer a competitive salary and benefits package. Please e-mail a cover letter, resume, and salary requirements to

Help Wanted: Immigration Paralegals
The Washington, DC and San Francisco offices of Morgan, Lewis & Bockius, LLP are currently looking for paralegals to work directly with the Immigration Practice Group. Qualified candidates must be able to work under minimal supervision. The firm offers an excellent compensation and benefits package, outstanding work environment, and comprehensive support to enable our immigration paralegals to assume significant responsibility, including contact with clients. Qualified candidates must have at least two years of business immigration experience in employment-based immigrant and non-immigrant categories. Candidates must possess strong organizational, research and writing skills. Knowledge of PC applications and flexibility to work overtime are required. An undergraduate degree from accredited university is required. EOE. M/F/D/V. Please apply online via the career link of the Morgan Lewis website,

Help Wanted: Immigration Attorney
Seattle, WA - USCIS Office of Chief Counsel (OCC) seeks experienced attorney for the position of Associate Regional Counsel, Western Region. Responsibilities include, but not limited to, serving as attorney providing on-site legal advice to local District Office USCIS personnel on issues involving immigration related adjudications, inadmissibility and deportability grounds, and national security. Applicants must possess JD degree, be active bar member, and have at least two (2) years of post JD experience. Applicants must submit resume + writing sample not to exceed 10 pages. Send cover letter, resume, + writing sample to All submissions must be received by close of business July 16, 2007. GS14-GS15 levels and is open until filled. No relocation reimbursement available. For more info, key in Job Announcement Number: COU-CIS-2007-0007 at

Help Wanted: Immigration Paralegal
Charlotte, NC - Moore & Van Allen PLLC, a large business immigration practice seeks experienced immigration paralegal. Four-year degree is required. Candidate must be well-organized; have strong writing, communication and computer skills with strong attention to detail; and have the ability to work independently on multiple tasks. Prior employment-based immigration experience in a practice is preferred. Candidate should also have experience working with Fortune 500 clientele and international executives. Salary is negotiable and commensurate with experience with an attractive benefits package. Relocation assistance may be offered to the right candidate. Interested candidates, send resume to

Help Wanted: Immigration Professional
Charlotte, NC - Moore & Van Allen PLLC, a large southeastern law firm seeks legal assistant. This full-time position requires an organized self-starter who is able to prioritize assignments while supporting several attorneys and paralegals. Prior experience as a legal secretary and an interest in internationally related immigration activities as well as a 4-year degree preferred. Must have excellent MS Office and typing skills. Send resume for consideration to:

Help Wanted: Immigration Paralegal
NYC mid-town law firm seeks paralegal with immigration experience preparing I-485 applications. This is a temp position. Send resume to: Melanie Smith, Employment Manager,, fax 716-819-4669.

PERM Services
Adnet Advertising Agency Inc. has provided labor certification advertising services to immigration attorneys since 1992. Adnet helps attorneys find appropriate places to run labor cert ads, places the ads, obtains the tearsheets, and offers a variety of billing options. Attorneys can manage the entire ad process through Adnet's secure web-based Ad-managment system. Most of Adnet's services are free since we receive a commission from the newspapers and journals where the ad is placed. Adnet services large international law firms as well as solo practice attorneys. Call us at 212-587-3164, visit, or email us at Contact us today to find out why we are the ad agency of choice for immigration attorneys since 1992.


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.

Immigration Book
Harbingers of Global Change: India's Techno-Immigrants in the US. By Roli Varma Lexington Books, 212 pp. Paperback, ISBN: 0739122258, $29.95 Hardcover, ISBN: 0739114581, $60.00

Immigration Event - Raleigh, NC
Catholic Legal Immigration Network, Inc. (CLINIC) present "Immigration law and the Impact of Crimes" . July 11-12 2007. This two-day training program will review crime-based inadmissibility and deportability issues, waivers and remedies, and practice pointers for representing an immigrant with a conviction or a pending criminal charge. Proving good moral character for naturalization and other applications will be discussed. 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 find the comments by Peggy Noonan that Mr. Prchal's July 6 letter appears to regard as objective and balanced, even far more disgustingly racist than the usual fare served up by the KKK or other hate organizations. What is all this nonsense about Mexicans being "unable to let go" of their heritage? What is it in their heritage, which is in many respects older and richer than that of us "Anglos", that they should let go of? Does Ms. Noonan expect white immigrants, such as Jews, Irish, Italians and Germans, to renounce their attachments to their countries of origin and to their cultures? Should we cancel St. Patrick's Day, Columbus Day, Oktoberfest and Israel Independence Day? Not on your life, unless we want to have some decent traffic in New York City. And next time you hear someone asking for a "time out" on immigration, please remember that this was one of former Presidential candidate Patrick J. Buchanan's favorite expressions, along with other bons mots, such as that the trial of a former Nazi concentration camp guard in Jerusalem was an injustice comparable with the Dreyfuss case, or that Indian IT professionals were "computer braceros". If someone wants to offer us racism, let us have the real thing so we can deal with it in the open, instead trying to mask it behind sneering pseudo-sociology and bogus political science.

Roger Algase, Esq.
New York, NY

Dear Editor:
What is "illigal" now, it wasn't in the past eg. slavery and racist apartheid segregration laws on African Americans, what is legal now, it was "illigal" in the past eg. prohibition on booze. Legal or not legal can be changed at will by our lawmakers. Our lawmakers also can make job outsourcing as illegal or companies trying to save costs by utilizing artificial intelegence, computers, automated machines as illegal as well to "protect" American jobs. How to make 12 millions illegal immigrants as legal, so change the current law then. Legalize them. Marijuana is illegal too, how to make it legal? Legalize them. Easy and simple. USA is facing stiff competition from every front, the problem is will those that share Mr. Utterback's viewpoints understand this and face this reality as a grown up adult. In European Union, a Dutch may shop and cross the border to German if he finds it's cheaper there just like a Pensylvanian shops and spends money at the Delaware state which has no sales tax. Why this should be a crime to find such a good deal? Should Californians got outraged on other Californians deciding to leave the state for good to move to other ones which offer better live quality, lower costs and taxes? Americans are not the only persons who complaint about immigrants and job outsourcings, others do as well, Taiwanese complaint about Taiwanese businesses move the factories to Mainland China, Japanese lost jobs and complaint because Sony moved its factories to Malaysia, Vietnam and China, but what can we do then? Losers find excuses and whine, winners see them as opportunities. Our politicians are playing politics to get votes, nobody can stop globalization and pretend that we are not subject to competition just because our citizenships.

Robert Yang

Dear Editor:
This letter to the Editor is in reaction to Greg Berk's recent letter (07/06/07 ID). Perhaps I am just a hopeless city boy, but I do not understand why Mr. Berk's letter states that he feels as if he were a watermelon seed. Do watermelon seeds even get squeezed? Unfortunately, this confusion sets the tone for the rest of Mr. Berk's letter's patently absurd and all-but-explicit threat to sue the government over the regrettable visa confusion of late. I am a private practitioner who is fed up with the knee-jerk reaction of many of my brethren to sue first and ask questions later. Typically, though, there is at least a plausible cause of action bandied about in these situations like a loaded six-shooter. If one believes that one can use "detrimental reliance" and "reasonable forseeability" as causes of action, I would refer them to their first year contracts notes and caution them not to bring an unloaded gun to a gunfight. Those are but elements of a breach of contract action. Where is the contract that was breached in the instant matter? And further, what possible remedy would one seek here? Nunc pro tunc granting of the visas? An apology? A federal holiday in one's honor? This is just the situation Rule 11 is designed for, and I for one hope that if those who proceed down this path that it is used to its full extent.

David Cooper
Washington, DC

Dear Editor:
Responding to Nule's letter to the Editor (07/05/07 ID), one is excessively subjective to accuse Lou Dobbs of manipulation. Actually he is speaking for me and most others. So only others who spout the opposite are speaking the truth?

Peter Griswold

Dear Editor:
I see a lot of rumors on the 60,000 visas that is taken by the labor backlog, but no one really addressed the issue where all categories are frozen? Isn't there a limit per country for visa allocation, based on that I strongly believe if all visa numbers are allocated, the "rest of the world" category should still be available.


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