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Immigration Daily

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Immigration Daily September 17, 2007
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Adjustment Of Status: A 360 Degree View

ILW.COM is pleased to announce a new 3-part telephone seminar examining adjustment of status holistically and in detail. Speakers include Cyrus D. Mehta (Discussion Leader), Andres C. Benach, Richard D. Steel, Shannon M. Underwood, Paul Virtue (more speakers will be added). The curriculum is as follows:

FIRST Phone Session on September 27: Nuts and Bolts In The Era Of Priority Date Retrogression

  • Eligibility for Adjustment of Status
  • Preparing and filing a bullet proof application
  • Issues arising out of the July 2007 Visa Bulletin Fiasco
  • Adjustment, retrogression and retention of priority dates
  • Intersection between Adjustment and the Child Status Protection Act
  • Adjustment over Consular Processing: Benefiting from Portability
  • Travel and work authorization
SECOND Phone Session on October 18: Resuscitating Status Through Adjustment
  • Exploiting the 245(c) technical failure exception
  • Understanding the 180 day grace period under Section 245(k)
  • Grandfathering under Section 245(i) - analyzing recent case law
  • Other exceptions: Immediate Relatives and Battered Immigrants
  • Waivers of inadmissibility in conjunction with adjustment filing
  • Adjustment for Special Categories: Asylees, Cubans, Hatians, etc.
THIRD Phone Session on November 1: Adjustment In Removal Proceedings
  • Reopening old deportation or removal orders
  • Adjustment after pre-1996 exclusion order
  • Understanding the new "arriving alien" regulations
  • Retaining portability in removal - overview of emerging case law
  • Remands to District Director vs. merits hearing before Immigration Judge
  • Seeking continuances until adjustment eligibility
  • Adjustment as a defense to crimes-based removability
The deadline to sign up is Tuesday, September 25th. For more info, including speaker bios, detailed curriculum, and registration information, please see: . (Fax version:


Immigration And The Elderly: Foreign-Born Workers In Long-Term Care
Walter N. Leutz for the Immigration Policy Center writes "Aging populations and the growing need to provide long-term care to the elderly are among the leading demographic, political, and social challenges facing industrialized countries like the US."

Foreign-Born Wage And Salary Workers In The US Labor Force And Unions
Chuncui Velma Fan and Jeanne Batalova for the Migration Policy Institute write "Labor unions have departed from their historical skepticism of immigrant workers as the overall number of wage and salary immigrant workers and their proportion in the labor unions have increased."


USCIS Fact Sheet On Citizenship Day
According to the USCIS fact sheet, the average annual number of persons naturalizing increased from less than 120,000 during the 1950s and 1960s to 210,000 during the 1980s, 500,000 during the 1990s and to 625,000 during 2000 to 2006.


Help Wanted: Immigration Attorney
Progressive and quickly growing law firm seeks attorney interested in working in a business development capacity. Must have experience and a solid track record. Must be a self starter, motivated and capable of national or regional coverage. Competitve package, incredible benefits and tremendous incentives. Can work from any location. Interested candidates should send resume, salary history + references to Rami Fakhoury: All inquiries will be kept confidential.

Help Wanted: Immigration Attorney
Toronto, Canada - Ernst & Young's (E&Y) global alliance of independent law firms cooperate with our offices worldwide to provide our clients with integrated, quality service. The business immigration specialists at Egan LLP work closely with members of E&Y's Human Capital group, to help companies address the challenges associated with managing today's globally mobile workforce. We seek an associate lawyer to manage multiple and challenging US business immigration engagements and to contribute to the delivery of solutions and ideas for our diverse clients. This position offers excellent opportunities for teaming, leadership, and career advancement to the right candidate. Requirements: (1) law degree along with a US bar admittance (dual Canadian-US bar admittance would be asset) (2) 2-4 years post-call business immigration experience (3) broad exposure to US immigration law. (4) excellent managerial, organizational, + verbal/written communication skills. For more details, enter job #00EK9 or key word "business immigration lawyer" here. Send resumes directly to Thomas Byun, Recruiting Manager, E&Y Canada:

Help Wanted: Immigration Attorney
Arlington, VA - Small, collegial immigration law firm seeks another attorney for our growing business immigration law division. Must have 2+ years of solid immigration law experience. Opportunity for partnership within two years of service as an associate. Candidate must be enthusiastic and possess excellent communication skills (verbal and written). Individual must be a "go-getter" with the ability to bring in business. We are a boutique law firm established in 1973 having successfully completed 16,000 cases. Internally we offer a relatively relaxed environment which makes the production of work product easier. Team players are encouraged to send an email to which should include resume, a personal statement about your legal abilities in business immigration law, plus financial compensation requirements. All replies are confidential. We offer a base salary and bonuses dependant upon production.

Help Wanted: Immigration Professionals
Tindall & Foster, P.C., an established immigration-only practice seeks additional licensed outbound immigration attorneys with experience in foreign immigration to join our growing outbound immigration section. Ideal candidates possess 1-5 years of experience in employment-based immigration law, including experience in securing and coordinating work authorization in a wide range of foreign jurisdictions. T&F has been practicing immigration law since 1973. The Firm's thriving outbound practice is almost two decades old and specializes in providing corporate clients with expert services aimed at obtaining appropriate short and long term work visas for US and third-country expatriates in countries around the world. The Firm has offices in Austin and Houston and continues to expand. 401(K), medical and dental offered. Salary commensurate with experience. Experienced candidates may submit resumes and salary histories to No calls please.

Help Wanted: Immigration Attorneys
Owings Mills, MD (minutes from downtown Baltimore) - The Murthy Law Firm seeks attorneys with 3-5 years' experience in business immigration law. Our practice is dynamic and fast-paced. We have high standards with regard to integrity, work ethic, and quality. Successful candidates work both as members of a team and as team leaders. Will join a dozen high-caliber colleagues and have quality support in the way of legal and administrative staff, as well as technology. Right candidate brings in-depth understanding and knowledge of the breadth of immigration procedures, and is expected to supervise paralegals. Good writing and analytical skills required. Candidates invited to familiarize themselves with Forward resume + cover letter to with "Attorney Search Sept 2007" in subject line. All communication treated in confidence. Salary and benefits commensurate with experience and abilities. EEO.

Case Management Technology
Are you ready for the new changes in immigration? See why we have a 99% customer retention rate. Use our forms with peace of mind - 800+ updated within 24 hours of any new release, no patches or downloads. E-File 20+ forms. Access your firm's online database anywhere you have internet access. Client relationship management tools, practice management tools, group calendaring, emails, notes, reports, invoices, auto email alerts and reminders, document storage and assembly. A library of customizable questionnaires, letters and email templates included. Online access for clients to check case status included. Compliancy modules: I9, LCA, AR 11, PERM. Optional services: credit card processing, Outlook & QuickBooks integration. One-time data entry and auto population into all documents will save you time and reduce errors. INSZoom's case management system is customizable to support solo practitioners, mid-large law firms & corporations. We teach you how to customize the software to fit your processes and communication needs. Founded in 1999, INSZoom is a profitable, financially sound company and now employs 70 engineers and 11 sales and support staff. INSZoom is the "world's largest immigration software company", built with flexible modules that allow you to manage and control technology. To schedule a complimentary online demo, call 925-244-0600 or email


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 Event - San Francisco, CA
San Francisco will host an all-day Immigrant Rights Summit Saturday, September 15 to address issues facing the immigrant communities in America. The summit also will address the ways in which the LGBT community is affected by current immigration policies. The summit is free and open to the public. It takes place from 8:30 a.m. to 4:30 p.m. at the Bill Graham Civic Auditorium. For details, see here.


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:
Many, many thanks to Robert Gittelson's letter (09/14/07 ID) for your swift action setting up the online petition. I'll be forwarding it to as many people as I can.

N. Mccourt

Dear Editor:
It seems Immigration Daily has become a personal message board for Mr Utterback's and Mr Yang's letters. I'm more inclined to agree with Mr Utterback's viewpoints. Immigrants arriving here in the early 1900's arrived here on ships, in a place where everyone could see them, no sneaking around, and went through the right channels to become legal. This at a time when the population was significantly smaller and there were many more opportunities for all. They got here first, their families thought ahead. Of course they have more rights to be "American" and get the benefits of being an American. Now there is the threat of over population, higher unemployment, and it should be obvious that the borders need to be more secured, or you run the risk of the total chaos that comes with overpopulation. As for Mr Yang's views of "everybody is entitled to their fair share" borders on communism, and that has never worked anywhere. By the way these opinions expressed above are from a family of immigrants, still waiting 7 years later for a simple "greencard" let alone citizenship. Yet we have kept all our legal applications up to date, and have never overstepped the boundaries of the US law. It has cost us thousands of dollars to apply and reapply. We pay taxes, have our own health insurance and pay our way. So when USC are taken care of, and they should be taken care of first with jobs, healthcare etc., I believe legal immigrants are the next in line for some consideration, and only when legal immigrants are all taken care of, should they even start thinking of ridiculous favors for illegal immigrants. Why should they be allowed to jump the line at my expense?

Linda Cogill

Dear Editor:
Responding to Robert Yang's letter (09/14/07 ID), the viewpoints expressed support the millions of illegals that have entered the US illegally. Why would anyone want to be in a country of thieves? Hopefully one does not buy gasoline for a vehicle, because then one is an accomplish too. The American people, if any people, could shut all borders down, could stop all international trade and become a purely protectionist country and probably be wealthier, having our own society. Germany did that in the 1930's and indeed they were powerful. Don't think America and Americans can't close it ports if the people so desire and live fine without competing with the world. There are six billion people on this earth and the U.S. populations is 300 million. There are 88 milion people in the philippines. Lets bring in 50 million from the Philippines, cause they are polite, respectful, appreciative, skilled, well educated. We need a million foreign doctors, nurses, domestic helpers to help the weary, exhausted, Americans who work so hard to pay taxes to supply all the needs for your illegals. Those who quote from the US constitution about all men being equal, do not enbrace for all men, but just their own lot. Thats not good enough for a people that have labored under the law, to accept those who disregard the rule of law. Our forefathers, myself, have protected our country in the military and it doesn't sound like one's orientation is that to protect and defend the US constitution.

David Utterback

Dear Editor:
US constitution says God creates all men equally, not only Americans. Based on Mr. Utterback's letter, perhaps it was based on reading the Saudi Arabia constitution instead. If religious charities are helping illegal immigrants not because they're illegal but they're human beings in need. I don't see any reason that these charities won't help Americans in need as well. True Christians and conservatives should support comprehensive and humane immigration reform. Jesus was a refugee himself when he was 2 years old running away from evil King Herod to Egypt. Jesus gave parable about the Good Samaritan, Jesus teaches about sharing and giving to the needy and being generous. When I saw families got separated by immigration raids and deportations, I am touched and crying. And how dare so many selfish hypocrites call themselves being "compassionate conservatives" seeing this tragedy and support it. Why Mexicans shouldn't be able to sell their labor for less to willing US employers, why a Chinese smart engineer don't deserve equal income as his American counterpart. Why it should be illegal for a Chinese company to hire an American who is willing to work there. I will shop and do business with anyone, including Mr. Utterback and others who express similiar sentiment if he's offering the best deals and what I am looking for, but if his competitor next door offer me a better deal, I will shop there for sure. None should call immoral or illegal to find better deal for less. I am subject to market competition, so is everyone else.

Robert Yang

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