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Immigration Daily

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Immigration Daily August 28, 2007
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Ignorance On Immigration Law Costs Judge His Nomination

According to a Hartford Courant news story, "[Connecticut] Gov. M. Jodi Rell withdrew her nomination of Judge John R. Downey to the [CT] Appellate Court on Wednesday, one day after Downey's views on illegal immigrants roiled his confirmation hearing. Downey asked Rell to withdraw his name in the face of a legislative inquiry about his statements in Superior Court that undocumented immigrants had no right to the state's civil courts." The Connecticut Constitution refers to persons, not citizens, when discussing access to the courts. For the full story, see here.

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


Deadline Is Tuesday, Aug. 28th For Latest In Business Immigration Law Practice

ILW.COM is pleased to announce a new 3-part telephonic series: "Latest In Business Immigration Law Practice". The distinguished speakers for the seminar include: Roy Watson, Gary Endelman, David Grunblatt, Angelo Paparelli, Edwin Rubin and other speakers to be announced. The curriculum is as follows:

FIRST Phone Session on August 30: Impact Of DOL Regulations On Substitution, Validity Of Labor Certifications And Payment Of Attorney's Fees

  • Limits on Validity of Labor Certifications - What are the limits? Is this beyond their scope of authority?
  • What about previously approved Labor Certifications?
  • Attorney's Fees: What does the regulation actually restrict? What costs / fees are "related to" the Labor Certification. Are costs related to other petitions also restricted, and can they legally do this.
  • What about existing Fee Agreements / Contracts for work that has not yet been done? Does the attorney need to unilaterally terminate existing agreements or risk sanctions?
  • Does the DOL have the right to control who an attorney may or may not represent and how?
  • Debarrment: When does it apply and is this sanction a valid exercise of power?
  • What should Fee Agreements say for the future?
SECOND Phone Session on September 20: Strategic Uses Of The L-1 Visa
  • L-1A vs. L-1B: What are the differences? Is one easier to get?
  • Executives: Isn't everyone an "Executive?"
  • Key Managers: If I'm not an Executive, then I must be a Key Manager!
  • Functional Managers: The definition and uses of the extraordinary category.
  • Work Locus of an L-1: Can they travel? Can I outsource L-1 employees?
  • What is a Blanket L, and when should I consider it?
  • New / Start-Up Office considerations
  • Mergers & Acquisitions: How changes to business structure can impact the worker.
  • Planning Ahead: Can an L-1 help my client get a green card?
THIRD Phone Session on October 11: EB-1 And Other Options For The Best And The Brightest
  • Extraordinary vs. Outstanding vs. Distinguished
  • When there are multiple options to choose from, which is the best?
  • Is Self-Sponsorship better than Employer Sponsored?
  • What is Schedule A, and is it still an option?
  • When is "The Best" not good enough?
  • Tricks for meeting more than just 3 categories!
The deadline to sign up is Tuesday, August 28th. For more info, including speaker bios, detailed curriculum, and registration information, please see: (Fax version:


FOIA Facts: Understanding FBI Records
Scott A. Hodes writes "Many FOIA requesters are confused when they make a request to the FBI and get a "no record" response even though they are sure that there is a record on the subject of their request at the FBI."


Sen. Menendez Writes To DHS Secretary Chertoff On I-485 Replacement Green Cards
Senator Menendez (D-NJ) sent a letter to DHS Secretary Michael Chertoff, asking for further clarification regarding a policy announced by USCIS that will require 750,000 legal permanent residents to replace their green cards.

DOS Provides Information On DV 2009
The Bureau of Consular Affairs of the Department of State stated that the DV-2009 Lottery online entry will begin at Noon EDT on October 3, 2007, and end at Noon EST on December 2, 2007. Specific instructions will follow shortly.


Help Wanted: Immigration Paralegal
Downtown Miami, FL - Immigration boutique law firm seeks paralegal with 2+ years of experience in business immigration. Must have experience with PERM, H's, L's, E's, and reidency processing. Must be fluent in English and Spanish. Competitive salary, benefits. Fax resumes to 305-577-0095 or by email:

Help Wanted: Immigration Attorney
Downtown Miami, FL - Immigration boutique law firm seeks lawyer with 2+ years of experience in business immigration. Must have experience with PERM, H's, L's, E's, and residency processing. Must be fluent in English and Spanish. Competitive salary, benefits. Fax resumes to 305-577-0095 or by email:

Help Wanted: Immigration Attorney
Tarrytown, NY - Small, dynamic law firm with a national practice seeks immigration associate with 1-2 yrs. exp. in all aspects of business-based immigration including PERM applications; nonimmigrant visa petitions, consular processing, etc. State-of-the-art computers and software. Bring your emerging practice and grow with us. Reply by email only please to

Help Wanted: Immigration Attorney
Morristown, NJ - The Law Office of Susan Scheer, an immigration law firm with an inter-state client base, seeks highly motivated attorney with 2+ years of business immigration law experience, family immigration law, and immigration court matters. Ideal candidate excels in a fast paced environment with attention to detail, commitment to client service, and strong written and oral communication skills. Conversational ability in Spanish required. Email or fax resume + writing sample to Julia Pierce, Office Manager or (973) 984-8490.

Expert Witness Services
Are you involved in litigation requiring an expert witness with a sophisticated knowledge of immigration law and agency practice? Look no further. Angelo Paparelli and Lory Rosenberg offer their services as expert witnesses. Their litigation experience includes business, tax, employment, personal injury and family disputes as well as criminal-defense. Angelo has twice been named by his peers as the world's leading authority on corporate immigration and received the AILA President's Award for his work in mergers and acquisitions. Lory is a former Judge on the Board of Immigration Appeals, adjunct professor, co-author of the treatise, "Immigration Law and Crimes", and the recipient of AILA's prestigious Edith Lowenstein award. Offices in CA, NY & MD; Services: worldwide. To discuss how we can assist you with your case, contact Angelo Paparelli at 949-955-5555 or


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.

Submit Your Announcement
If you have a professional announcement such as: New Position, Honors And Awards, Mergers & Acquisitions, New Office Address, New Appointment, New Associate, New Attorney, New Partner, that you wish to share with the Immigration Daily community, send your professional announcement to: comingsNgoings announcements is a free service.


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:
Ever since I retired as an immigration officer I have been a practicing immigration consultant. The subject of UPL comes up constantly. I have heard many definitions of UPL and it depends what side of the fence you are on that dictates your perspective. I tell a client that if he is remained in the US over one year he has accrued unlawful presence and will be barred from re-entry for 10 years if he departs the US. I this UPL? In my opinion, no. My reasoning is that this information is a matter of public record. The only difference is that I know where to find the information. Im not practicing law, I'm practicing to be a parrot. Many attorneys will disagree, however, if it were UPL many government agencies would have to close their doors to the public, including USCIS. Now, I cannot give legal advice. For example, I cannot help a client decide how to litigate his case or suggest legal strategies that may help the client have his case favorably adjudicated.

E. C. Villarreal

Dear Editor:
Bravo to Mr. Anderson's 8/24/07 letter which points to actual facts about the number of criminal immigrants as compared to the whole population. I've noticed that a whole lot of stuff in these letters are just plain wrong. My school used to teach that if you don't back up your statements with legitimate statistics or facts, then it can only be considered your own personal opinion.


Dear Editor:
UPL is an outdated system which is only meant to protect lawyers from competition (see 08/27/07 ID comment). Who said anyone has the monopoly on law when every citizen can go to a library and read law books? How strange is a system which basically puts a gag order on someone because they don't have a license to practice law? Paralegals in Immigration law firms usually know a lot more than the lawyers do. While the lawyer go golfing, the paralegal do all the work.


Dear Editor:
Businesses are looking to lower their costs because they face stiff competition and to meet their bottom lines. Why they do they it? Because we, the consumers demand it. We want decent laptops but no more than $ 700, how? Manufactured in China, softwares are made in India and Russia. Wait, that hurts American "average" middle class labor then. Fine, all will be made in USA by proud but expensive Americans then, but how much will the price will be that Lou Dobbs of CNN and his fans willing to pay? Are we the consumers willing to pay much more extra because of protectionist immigration and trade laws to protect those special interests? Lou Dobbs is only singing the same litany of complaints every night and offer no realistic solutions to make USA as an attractive and competitive country to do business, invest, spend money and live. He is overpaid to do it. I am more than happy to take over his easy job for less because I complaint better then he does. Americans must realize that nobody can help and change their situation including their flip flopping politicians, unless they empower themselves in this competitive and globalized planet. Top notch education is one of the answer. With high drop outs rates from high schools, low quality and standards in US public education, the out of mind spending frenzy, the future of USA will surely be dim looking. South Americans and Europeans understand the benefits of a unity, free trade and labor movement for their common goals and prosperity, yes many see it as a threat but many see it's a good opportunity to prosper. So, "great wall of USA" anyone?

Robert Yang

Dear Editor:
Thank you for your courtesy and your cooperation, make my story sort. I have bin working in U.S.A. for 17 years with work permit got social security from immigration,and got deported. I love America bat immigration don't like my it ok I am happy I did live my dream and I did my bast for America.


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