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Editor's Comments
The Child Status Protection Act (CSPA) enacted earlier this year was
intended by Congress to effect a liberalizing for immigration of children.
Despite the intent, the actual language, and its integration with existing
application of immigration law, has created confusion for immigration
practitioners. ILW.COM has carried articles and INS correspondence to help
shed light on the uncertainties and ambiguities in the CSPA. Given CSPA's
importance to immigration practice, three different ILW.COM seminars have
addressed different aspects of the CSPA in recent months - the seminar led
by Angelo Paparelli addressed CSPA in the employment immigration context,
the seminar led by Ron Klasko and Tammy Fox Isicoff addressed CSPA's
cross-agency issues, and the seminar led by Jacqueline Baronian addressed
CSPA in the family immigration context. Today's Immigration Daily issue
features an article by noted immigration attorney Pravinchandra J. Patel
who presents a section-by-section analysis of the CSPA. Mr. Patel, the
author of four books on immigration law, has written for immigration
attorneys for over two decades. We trust practitioners will find his
article helpful.
ILW.COM Focus
Seminar On H-1B Adjudications At INS Service Centers
The second session of ILW.COM's seminar on "Cutting-Edge Topics In H-1B
Practice" will cover H-1B adjudications at each INS service center. The
curriculum is as follows:
SECOND Phone Session on December 19: H-1B Adjudications at INS Service
Centers
- Responding to the dreaded RFE
- Problematic Occupations: Marketing Analyst, Nurse Supervisor, etc.
- Best practices for obtaining a credential evaluation
- AC21 portability and gaps in employment
- Representing the terminated H-1B employee in maintaining status
- Representing the H-1B employer in financial difficulty
- Tolling 6 year limit for time not spent in the US
For more info, including speaker bios, full agenda and registration
information online, click
here.
For more info, including speaker bios, full agenda and registration
information by fax, click
here.
Featured Article
The Child Status Protection Act
Pravinchandra J. Patel provides a detailed analytical overview of all 8 sections of the Child Status Protection Act, along with specific examples illustrating the statute's application.
Keep on top of the latest in immigration law! Attend ILW.COM seminars! You can attend ILW.COM phone seminars from the convenience of your office! For more info on the seminars currently available, please click here: http://www.ilw.com/seminars/
Immigration Law News
DOL Dismisses Alien's Untimely Appeal In LCA Matter
In the Matter of Kedar Dhopeshwarker, No. 2002-LCA-16 (OALJ, Nov. 20, 2002), the Office of Administrative Law Judges dismissed the case pursuant to the DOL's Motion For Reconsideration and agreed with the DOL that the OALJ lacked jurisdiction to consider an untimely appeal by the alien under the regulations implementing 212(n).
INS Releases New Sections Of Final 2001 Statistical Yearbook
The INS released two additional sections: Enforcement and Immigrants, that will be included in the final edition of the 2001 Statistical Year Book. The Immigrants section (71 pps.) presents interesting statistics on those that come to the US for permanent residence, including those arriving with that status and those adjusting to permanent resident status after entry. The Enforcement section (43 pps.) provides information about actions taken by the INS to prevent illegal entry in the US and to apprehend and remove deportable aliens from the US.
Concession Of Excludability To Change Venue Relieves INS Of Burden Of Proof
In Selimi v. INS, No. 01-1608 (7th Cir. Dec. 4, 2002), the court held that Petitioner, a returning permanent resident, was
properly placed in exclusion rather than deportation proceedings since he
accompanied his wife and cousin back to the US knowing that they were
attempting to enter the country illegally, thus meaningfully interrupting
his residence, and held that when Petitioner, through his attorney,
conceded excludability to facilitate a move of venue from the entry port of
New York to Chicago, which was closer to Petitioner and his attorney, he
thereby relieved INS of the burden of proving excludability, and that INS's
avowed intent to ask for a return of the case to New York if he withdrew
his concession did not render involuntary his decision not to contest
excludability, and held that since he encouraged and assisted his cousin's
attempted entry along with that of his wife and children, the Board of
Immigration Appeals did not err in finding him ineligible for a 212(d)(11)
waiver.
Removal On Grounds Of Foreign Conviction Possession Of Controlled Substance
Is Not Reviewable
In Li v. Ashcroft, No. 01-9546 (10th Cir. Dec. 3, 2002), the court said that it had no jurisdiction to review Petitioner's final
order of removal since he was convicted of possession of a controlled
substance in Taiwan.
Recidivism Considerations Require Enhancement For Every Offense, Not Just
Those In Original Indictment Nor Just Those Most Recent
In US v. Soto-Ornelas, No. 01-6411 (10th Cir. Dec. 3, 2002), the court said that the Supreme Court's decision in Almendarez-Torres
explcitly referred to the sentencing judge to take into account an
offender's prior record in every case, not just the immediately preceding
offense prior to illegally reentry after deportation following an
aggravated felony.
Court Cites INS Officials For Contempt
The Arizona Republic reports "Three top Immigration and Naturalization
Service officials in Arizona were cited for contempt Monday after they
failed to answer a subpoena in a dispute over the treatment of a Guatemalan
teenager."
More Enforcement Leads To More Illegal Immigration
An opinion column in the Tuscon Citizen says enhanced border enforcement
cause more, not less, illegal immigration.
Mexican Ambassador Says Massive Movement Of People Is Fact Of Life
Writing in the Baltimore Sun, and reproduced in Newsday, Mexico's
ambassador to the US says "The massive movement of people across our border
is a fact of life. Many Mexicans come to this country looking for economic
opportunities that they cannot yet find at home, while many labor-short
U.S. companies find the workers they need to grow in Mexico's law-abiding
and hard-working migrants."
Attorney listings on ILW.COM are searched 200,000 times/year! Each attorney listed is searched an average of once each day! Just one new client will pay for the entire year's fee! Click here for more info: http://www.ilw.com/membership/
Classifieds
Labor Certification Advertising
Are you satisfied with how you currently handle your labor certification advertising? Do you want to save time and reduce expenses and also eliminate the headaches of dealing with media ad reps, collection issues, tearsheets and other related documentation? Let ADNET handle the complete labor certification advertising process for you. You will receive the same unparalleled customer service whether you place one ad a year or thousands - leading immigration law firms and attorneys have solved their advertising problems by letting ADNET handle their labor certification advertising needs from beginning to end. Our dedicated staff consists of experienced professionals who are intimately familiar with the Department of Labors' requirements and restrictions with regard to: media selection, text abbreviations, deadlines, three-day consecutive runs, ad responses, tear-sheet urgency and matters arising from placement, follow-up, and documentation of labor certification ads. Based in New York City, ADNET is equipped to handle ad placement for any print media throughout the United States. For more information, please email us at: information@adnet-nyc.com or call us at: 212-587-3164.
Help Wanted: Immigration Legal Assistant
Shulman, Rogers, Gandal, Pordy & Ecker, P.A., Maryland's largest independent law firm outside of Baltimore city (80+ attorneys), seeks an Immigration Legal Assistant to work as a part of its Immigration, Nationality & Consular Practice Group team. Experience is desired in the following areas: employment-based IV (including EB-1, EB-2, EB-3), NIV (including E-1, E-2, H-1B, L-1A, L-1B, O-1), family-based IV, naturalization, adjustment of status, consular processing, I-9 compliance/employer sanctions, and litigation. A college degree and 1+ years of experience are required. The ideal candidate will possess superior analytical, organizational, and communication skills. Must be proficient in word processing, spreadsheet, and immigration forms applications. Duties include heavy client contact, legal research, and immigration petitions. Work with a team of experienced immigration attorneys and professionals who are passionate about the practice of Immigration Law in a fast-paced, collegial setting with all the resources of a large law firm. We offer an excellent salary/benefits package. If you enjoy challenging work with direct client contact and are equally passionate about the field of Immigration Law, we want to hear from you. Send resume and salary requirements in confidence to: Ms. Maura Bowen, Human Resource Manager, Shulman, Rogers, Gandal, Pordy & Ecker, P.A. 11921 Rockville Pike, Third Floor, Rockville, MD 20852 via either fax at: (301) 230-2891 or via email at: mbowen@srgpe.com. For more information, please visit our website: www.srgpe.com.
We carry advertisements for Help Wanted: Attorney, Help Wanted: Paralegal, Help Wanted: Other, Positions Sought, Products & Services Offered, etc.
For information on advertising in the classifieds please click here
For a listing of current immigration events please click here
For services/products of use in your law practice please click here
Letters to the Editor
Dear Editor:
Does anybody know about the suspension of adjustment of status? Today one
old lady visited the INS office in Salt Lake City to adjust her status to
permanent resident. She was told that everything is okay but adjustments
of status are temporary suspended. So go home and wait until further
notice.
What is going on?
Subscriber
Salt Lake City, UT
Dear Editor:
I just want to report as someone did once before that I also get
bounced out of Netscape when I try to access one of your links. I don't
have an old version of Netscape - I have 4.7. Have you looked into
this problem?
Susan
Bedford, MA
Editor's Note: ILW.COM is fully compatible with MS Internet Explorer 5.x and above. However, users of Netscape Navigator 6.x and above should also be able to view most of our content (there was no Netscape 5.x release). Web surfers using Netscape Navigator 4.x, however, will experience problems with our newly redesigned website. We understand that Netscape 4.5 is the base for all "point releases" of Netscape 4.x after 4.5, including 4.7. Netscape 4.5 was released around end-1998. We urge those of you who have older versions of Netscape to upgrade to MS Internet Explorer (or to later versions of Netscape Navigator).
Dear Editor:
I, the undersigned Mehdi Ghafooian, am 24-years old and suffer
from a hearing deficiency. I am a graduate of the
Nursing-School of Tehran University with a B.A. degree. I have also passed a computer-operating
exam. I can speak both English and Arabic very
well. Will you please be kind enough to inform me about
university courses and job opportunities in hospitals
or even other jobs. Would you please let me know
more about job opportunities that the association for
the deaf in your country provide to the deaf such as
me?
Mehdi Ghafooian
Editor's Note: ILW.COM encourages our readers to submit letters to the editor. Letters related to matters such as the above should be posted on our discussion board.
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. Send Correspondence and articles to editor@ilw.com. Letters and articles may be edited and may be published and otherwise used in any medium. Opinions expressed in letters and articles do not necessarily reflect the opinion of ILW.COM.
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