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Immigration Daily

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Immigration Daily December 7, 2007
Previous Issues
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Immigration Practice Is Federal

We note that Sperry v. Florida Bar, 373 U.S. 397 (1963) is the Supreme Court decision on where immigration practitioners may legally practice immigration law. This case stands for the principles that a state "may not deny to those failing to meet its own qualifications the right to perform acts within the scope of the federal authority" and that "there cannot be read into the federal statute and regulations a condition that such practice must not be inconsistent with state law." For the case link, see here.

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


Nurse Retention, Recruitment, Culture

The curriculum for the December 13th phone session of " Current Nurse Immigration Issues (In Cooperation With CGFNS)" is as follows:

  • How the shortage of healthcare professionals is affecting recruitment
  • Working with contract/independent recruiters - Criteria used to choose an independent recruiter, Individual healthcare facility's involvement in the recruitment process
  • How do healthcare professionals adapt to the new environment - Interactions with colleagues, patients, and the community, Common challenges seen: language, customs and working within a different healthcare system
  • Has the pace of international recruiting increased, decreased or remained the same?
The deadline to sign up is Tuesday, December 11th. For more info, including speaker bios, detailed curriculum, and registration information, please see: (Fax version:


Foreign Tax-Exempt Organizations
Paula N. Singer, Esq. writes "Many foreign tax-exempt organizations have been providing services in the performing arts in the US for decades."

To submit an Article for consideration, write to


DHS And DOS Issue Travel Reminder
DHS and the DOS remind the traveling public that as of Jan. 31, 2008, all adult travelers will be required to present proof of citizenship, such as a birth certificate, and proof of identity, such as a drivers license, when entering the US through land and sea ports of entry. DHS will be issuing a notice in the Federal Register formally announcing the change.


Help Wanted: Immigration Paralegal
Miami Beach, FL - Bratter Krieger LLP, a professional immigration law firm seeks experienced immigration paralegal. Candidates should have bachelor's degree and 2+ years of immigration experience, including NIV (H-1B, L1s, Es, TN, I, O, P, R) and IV (PERM, EB-1, family based) applications, managing multiple case loads. Will liaise closely with attorneys and clients; prepare applications, schedule consular interviews, and keep track of deadlines. Must have stable work history; minimum 2 years in each previous position; handle multi-tasking with ease, possess strong knowledge of legal principles and practices, and perform as committed team player. Must have strong, concise communication skills (verbal and written) in English and Spanish. Competitive benefits package, including paid parking offered. Salary commensurate with qualifications and experience. Immediate need; we encourage qualified applicants to apply now. Submit resume to Matthew Krieger: or fax to 305-695-1520. All submissions held in confidence.

Help Wanted: Immigration Paralegal
13 person midtown NYC immigration law firm seeks paralegal with 2+ years of experience with business applications: nonimmigrant and immigrant. Experience with Family based, naturalization and other applications a plus. Ideal candidate has BA degree, is detail oriented, organized, conscientious. Candidate must also possess excellent writing, communication & case management skills. Competitive compensation package offered. Email resume + cover letter in MS Word format to

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 Event - Chicago, IL
Chicago, IL - American Conference Institute presents Worksite & Immigration Compliance, Feb 28-29, 2008, to educate you about the increased risks these enforcement activities pose and the steps you need to take. Leading immigration & employment attorneys will address appropriate compliance policies and practices. Safeguard your corporate interests and avoid potential criminal liability by improving your worksite enforcement of employee regulations. To register, call 1-888-224-2480 or visit us online at Sign up by Dec. 27, 2007 and qualify for a $100 discount on the registration fee. 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:
"All Smiles" is absolutely correct (see 12/07/07 ID). The Government should clear up this Name Check debacle, but "the government" will do nothing until it is forced to do it. The only way I see to resolve this government doublespeak dilemma is for every lawyer who has a case pending for more than one year to filed a Writ of Mandamus to compel the various culpable government agencies to do what they are by law supposed to do. As I said in my ID letter of 12/04/2007, "sue the bastards" and if you don't sue, don't complain. The courts offer a remedy. Use it.

David D. Murray, Esq.
Newport Beach, CA

Dear Editor:
As an immigration attorney, I am as confused and disoriented at the delay in background checks. What I don't understand is how some applicants (I-485 and N-400 alike) have been waiting for years to have their background checks completed, when other applicants who filed only a few months ago have been cleared. This delay by the FBI only reinforces the lack of trust potential residents and citizens of the U.S. have in our government. Unfortunately, those of us who represent these clients suffer the consequences of the delay because the layperson does not understand why these delays occur. I have been accused by clients as not doing my job or of having done something wrong in the application process and this is the reason they have not been cleared. I have a client who applied for resident status seven years ago who has threatened to file a malpractice suit against me because her Cuban Adjustment (which usually takes less than a year to approve) has not yet been approved. Although I assure my clients that the delays are not due to my lack of knowledge or diligence on their behalf, they simply have lost faith in my word. This is truly difficult to explain when people who filed months or years after them have been cleared and have obtained legal status. I can only expect that a reasonable explanation will be given at some point by the Service and/or FBI as to these delays.

Juan C. Blanco, Esq.
Miami, FL

Dear Editor:
Responding to ID's 12/06/07 comment, I think it is a mistake to look at this problem in terms of a "date certain policy." In the post 9/11 world we live in, security clearances have to be done, and they have to be done properly, regardless of how much time it takes. The solution is for Congress to provide the FBI with whatever resources it needs to convert all of its paper files into computer files and process the clearances in a reasonable amount of time. If the resource problems aren't solved before a legalization program is implemented, the wait times for clearances on legalization applications will make the present wait times look great in comparison.

Nolan Rappaport

Dear Editor:
Can you imagine that my I 485 is pending because of the FBI Name check for almost three years and every time I submit an inquiry I get the same letter from USCIS saying they understand the frustration but nothing can be done before the FBI clears my name. they don't understand what it means to be uncertain about the future, they don't understand what it means to think about this day and night every day, they don't understand what it means when you wait for something with unlimited waiting time. I don't understand why this process does not involve the applicants, I am sure every applicant some how can clear some confusion. Also can you imagine the applicants feeling about the unlimited waiting for USCIS after waiting four years for the labor Department to approve the labor certificate.

Yasser Abouzeid

Dear Editor:
The pending FBI name check has caused extreme difficulties for my work and family's lives in this country. I came to this country 6 years ago as a scientist, worked hard and published more than 30 journal papers, but my salary is the lowest in my institution; and I lost nearly all of the chances for promotion and some research funds, due to the pending status. As legal immigrants, we came to this country for a normal life; we work hard and contribute a lot in science to this country; but our way to a life as human being is blocked infinitely in this country. Is this the reward of US governmnet to a scientist who pays more than $18k a year as tax to them? Do miserable lives of legal immigrants mean a more secure and prosperous America?


Dear Editor:
Responding to ID's comment (12/5/07), I wonder if they're relying on contractors to do the job? I have found that most contractors hired to do the processes are actually not very good. They are selected based on lowest bid, the contractors hire the cheapest labor they can find (usually with no benefits), and the agency is powerless to require contractor agent since they have to go to report complaints to a mediator and cannot directly complain to the contractor, etc. A lot of delays are caused because of the contractor anomaly.


Dear Editor:
Thank you Immigration Daily for your updates on this name-check issue; indeed, this is a major delay in the process of getting the green card for many, many applicants. I am an immigration paralegal, certified paralegal, and my husband had to wait over 2 years for the name-check clearance. My daughter is currently since April waiting for the name-check clearance. It is most frustrating and we all feel so helpless while just waiting for this hurdle, while having to deal with travel documents or work permits to renew - it is really a necessary step to take to speed up this process. Thank you for your message.

Flavia Martin
Naples, FL

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