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Immigration Daily

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Immigration Daily April 22, 2008
Previous Issues
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Patriots Day

ILW.COM's offices will be closed April 21st in observance of Patriot's Day. Patriot's Day is celebrated in honor of the anniversary of the Battle of Lexington and Concord on April 19, 1775, which is generally considered to be the beginning of the American Revolutionary War.

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


Deadline Is Tuesday, April 22nd For Forever Waiting: Optimizing The Adjustment

ILW.COM is pleased to announce a 3-part telephone seminar series "Forever Waiting: Optimizing The Adjustment", the curriculum is as follows:

FIRST Phone Session on April 24th: AOS Portability, 245(k) and EAD/AP Renewals

  • What is it OK to port?
  • Serial porters
  • What if an employee ported before the adjustment application was pending for 180 days?
  • Does an employee need to rely on portability for a job change or promotion?
  • 245(k) and the long-pending adjustment of status application
  • EAD/AP Renewals: Fees and the 120-day filing rule
  • Dual representation issues - employer's responsibility to support adjustment of status application, EAD v. nonimmigrant status
SECOND Phone Session on May 29th: Travel and Maintenance of Nonimmigrant Status
  • Is it necessary/advisable/possible to maintain nonimmigrant status?
  • What affect will travel have on the AOS application?
  • H and L nonimmigrants and the dual intent travel memo
  • Extending status of those traveling on AP
  • Dependents - do they need to be in the same status as the principal?
  • Is it possible to get back into nonimmigrant status after allowing that status to lapse?
  • Post-sixth-year H-1B extensions with a new employer
THIRD Phone Session on June 26th: Dealing with Dependents and Understanding the Unpredictable Visa Bulletin
  • Can dependents work on EADs while the principal maintains nonimmigrant status?
  • Must all family members use AP and/or nonimmigrant visas?
  • How does visa retrogression affect eligibility under the CSPA?
  • Visa bulletin prospects for the future
  • Filing I-140s in multiple EB categories
  • Keeping an eye on cross-chargeability
The deadline to sign up is Tuesday, April 22nd. For more info, including speaker bios, detailed curriculum, and registration information, please see: . (Fax version:


Conquering The Tsunami: Employer Enforcement Hot Topics
Cynthia J. Lange et. al share the citations from this recently concluded seminar series.

The Freedom To Move
Oscar W. Cooley and Paul L. Poirot for the Foundation for Economic Education ask "Can we hope to explain the blessings of freedom to foreign people while we deny them the freedom to cross our boundaries?"

To submit an Article for consideration, write to


ETA PERM Report Reveals 85,100 PERM Cases Certified FY 2007
The ETA Office of Foreign Labor Certification released its official FY 2007 public disclosure data covering cases processed under PERM. According to the report, more than 85,100 PERM cases were certified during FY 2007.


Help Wanted: Immigration Attorney
Washington, DC - USCIS Office of the Chief Counsel (OCC) seeks an attorney for the position of Associate Counsel in the National Security & Records Verification Law Division (NSRVLD). Responsibilities include, but are not limited to, providing legal advice and consultation in discussions with the heads of USCIS units, working with USCIS managers in a continuing effort to improve the security check and fraud detection processes, assisting in the coordination of legal issues involving national security, criminal and fraud matters with other law enforcement and intelligence agencies and providing litigation support in cases before the Federal courts. Experience in immigration-related criminal and national security legal issues preferred. Must be able to hold and maintain a Top Secret clearance. For full details enter COU-CIS-2008-0006 here. Applicants must submit (1) resume, (2) writing sample (5 pps. max), (3) references, (4) cover letter to All submissions must be received by close of business Wednesday, April 30, 2008. GS-13-15, position open until filled. No reimbursement expenses offered.

Help Wanted: Immigration Attorney
Manhattan - Alan Lee, Esq., ( seeks a bright, ambitious, extremely hard-working attorney as sole associate, who writes well, is detailed, does the homework on cases, & has experience in various aspects of immigration law. You will handle appearances at CIS and courts and cases that are/may become difficult. Strong interpersonal and communication skills required. Salary not necessarily commensurate with workload, but good opportunities down the road. E-mail resume to

Help Wanted: Immigration Professional
Rockville, MD - Hammond Claxon, P.C., nationally-recognized 2-attorney business immigration boutique, seeks law firm administrator to ensure efficient workflow, implement/coordinate practice management software, automate procedures, coordinate billing and finances, handle personnel matters, open and assign cases, assist in marketing and planning for changing needs of the firm. Must have 4+ years experience in legal or other professional service organizations, strong communication and administrative skills, ability to work independently and organize and prioritize work and availability for overtime. Excellent growth opportunity for legal secretary or paralegal. We are conveniently located in the charming Rockville Town Center near the Metro. Email resume to

Help Wanted: Immigration Paralegal
Dupont Circle, DC - Fast-paced, dynamic nationally recognized, immigration law firm seeks motivated, detail-oriented individual for business immigration paralegal position. Strong organizational, writing, and interpersonal skills required. Prior business immigration experience required. Experience with PERM desired. Great opportunity for individual interested in challenging, exciting work with international clientele; excellent career advancement possibilities and work environment. Competitive salary and benefits. Please email resume, salary requirements, and references to: or fax (202) 483-6801, Attn: John Nahajzer. No calls please.

Help Wanted: Immigration Attorney
Cleveland, OH - David Wolfe Leopold & Associates seeks associate with 2-4 years of employment-based immigration law experience. Excellent writing, technical, communication and organizational skills essential. E-mail resume (with specific experience) and writing sample to: Daurielle Horowitz:

Help Wanted: Immigration Attorney
San Jose, CA - Littler Global seeks associate with 5-7 years of employment-based immigration law experience. Candidate should possess excellent academic credentials and should have experience working in high-volume, fast paced environment. If you are interested in applying for this position, submit resume online at Littler Careers > Laterals > How to Apply. Please reference Littler Global in application. We offer generous benefits package to all full-time employees. EOE. No telephone calls please. No recruiters, principals only.

Immigration Law Certificate
Master the complex and ever changing maze of immigration policies and regulations with the Immigration Law Studies Certificate Program offered by CUNY's School of Professional Studies. This graduate-level certificate program, consisting of (3) three-credit classes, offers students who complete it a comprehensive understanding of the laws, regulations, and processes surrounding the status of immigrants in the US, including family and employment-based immigration and deportation defense. It is designed for individuals working in law firms, companies, government agencies and nonprofit organizations where they interact with immigrants and immigrant legal concerns on a regular basis and would therefore benefit from greater knowledge of the laws and regulations surrounding immigration. Beginning this spring, the program is also being offered online. For more information on class schedules, tuition and fees, course applications and to register, see here.

Case Management Technology
Are you ready for the new changes in immigration? See why INSZoom has 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. 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, employing 80+ 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

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


US To Expand DNA Collection During Arrests, Detentions

Feds, Do Your Job


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
Chinese Human Smuggling Organizations: Families, Social Networks, and Cultural Imperatives By Sheldon Zhang. Stanford University Press, 304 pp. Hardcover, ISBN: 0804757410, $45.00.


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:
My 04/17/08 ID letter cautioned against non-lawyers misstating law and fact. Once again, Robert Yang's letter (04/18/08 ID) misstates the facts as well as the intent and the consequence of the law when his letter claims, "The Servanos checked singles on their immigrant visas application correctly." This is totally incorrect and this erroneous opinion misstates both fact and law, serving no legitimate purpose when it fails to recognize the difference between a relative petition (I-130) - filed by their mothers, checking the box "single" - and an Application for Immigrant Visa (DS-230), filed by Mr. and Mrs. Servano themselves, many years later, long after their marriage. It is Mr. and Mrs. Servano who, although they were married, must have checked the "single" box on the DS-230 and by doing so, they knowingly committed visa fraud to gain a few years as 1st preference family based, rather than 4th preference. This is the reason they are now in deportation proceedings. This little check mark to save many years waiting is common practice in the Philippines, where, because of high demand, priority dates for relative petitions are severely backlogged on the Visa Bulletin. The Servanos' goodness and contribution to their American community should not vitiate the fraud upon which they entered the US, far ahead of thousands of their countrymen, who patiently waited their turn. If America selectively punishes lawbreakers, or turn a blind eye, it condones unlawful conduct. This will result in oligarchy, rather than democracy as a nation of laws.

David D. Murray, Esq.
Newport Beach, CA

Dear Editor:
In my letter of April 18, answering comments in Jim Roberts' recent letters on this subject, I did not mean to give the impression that pre-1965 immigration law discriminated only against Southern and Eastern Europeans, even though that was clearly the intent of the 1924 Act. As I have previously pointed out, there were also a number of laws excluding Asian immigrants that also remained in force right up until 1965. It would be absurd to overlook the actual, and often tragic effects of widespread American attitudes that people from the above areas were inferior and undesirable - witness the notorious obstacles placed in the way of European Jews trying to come to this country to flee Hitler in the 1930's and the internment of Japanese-Americans in the 1940's. Anyone who doubts that our pre-1965 immigration policies were influenced by racial attitudes should read Mae M. Ngai's book "Impossible Subjects". Honza Prchal's recent letter (04/16/08 ID) points out that there were no quotas against immigrants from Latin America during that period. True enough, but these immigrants were subjected to a level of harassment, discrimination, and, frequently, violence only surpassed, if at all, by that directed against black US citizens. A good book on this subject is "Greasers and Gringos: Latinos, Law and the American Imagination", by Stephen W. Bender. To argue that the pre-1965 attitudes and laws relating to immigration were not, in very large part, based on racial prejudice smacks of the hypocrisy that Robert Yang so rightly deplores in his recent letter (04/18/08 ID).

Roger Algase, Esq.
New York, NY

Dear Editor:
It would not be possible to fully respond to all four of the letters (4/l8/08 ID) critiquing my letter (4/17/08 ID) in this limited format, particularly considering the degree to which my previous letters have been edited. I do apologize for the confusion resulting from reference to earlier versions (upon which it is based) of the presently titled HR 133 -- Citizenship Reform Act, which has been introduced in the 110th Congress. It is the purpose of this Act to deny automatic citizenship at birth to children born in the US to parents who are not citizens or permanent resident aliens. It would accomplish this, not by amending the Constitution, but by amending Section 101 of the Immigration and Nationality Act (8 U.S.C. 1101). Sid Lachter's letter (4/18/08 ID) asks: "By what standard can the allegiance of newborn babies be judged? The simple answer, of course, is by the legal status and allegiance of the parents which even a law school graduate should be able to grasp. However the means, this form of cheapened citizenship needs to end as other nations have done. It also would assist in limiting entry numbers which is the crying need today. See: Neither of these reasons specify ethnicity as the race baiters falsely charge. The more relevant question here are the dubious motives of those who rabidly oppose prudent measures.

Jim Roberts

Dear Editor:
Responding to Mr. Yang's letter (04/18/08 ID), the Soranos had to complete additional forms that asked about their marital staus and then swear, under oath, to a consular official, that everything they wrote and said were true ... oops ... these two knew they were committing fraud, but chose to do so anyway, and, just like most other illegals or fraudsters, they are only sorry when they get caught. Then they want to suddenly become legal, but only after using fraud and/or mispresentation to have gained admittance to the US. There are too many honest individuals waiting outside the US to immigrant here; let them go first and let the Soranos go back to the Philippines and think long and hard about what they did. People should understand that committing fraud against the US government has consequences - and often serious ones. But they knew that when they decided to tell their "little white lie."


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- 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