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Immigration Daily May 12, 200
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Editor's Comments

Labor Certification In The Twilight Zone

With PERM reportedly only a few months away, labor certification strategy has entered a strange twilight zone - not quite the old, not yet the new. The upcoming second phone session of ""Labor"-Intensive Immigration Practice: Advanced DOL Strategies on the Eve of PERM" will feature a discussion on policies and practices among the DOL Certifying Officers in Atlanta, Texas and Chicago (and the large state SWAs in these Regions). Also featured will be cutting-edge stratagems on DOT/SOC issues, Evidentiary issues, BALCA, etc. For more info on this phone seminar series, including detailed curriculum, speaker bios, and registration information, please see: For the fax version, please see:


Curriculum For Adjustment Of Status Seminar

The following is the curriculum for "Advanced Issues In Adjustment Of Status" with H. Ronald Klasko and Tammy Fox-Isicoff:

FIRST Phone Session on May 27:

  1. Choosing Adjustment of Status or Consular Processing -- the best of two evils
    • who's eligible to adjust?
    • when consul processing is the best choice
    • impact of 3 and 10 year bars
    • changing from adjustment to consul processing
    • jurisdiction issues

  2. Adjustment of Status for status violators -- the search for statutory exceptions
    • failure to maintain status before and after filing
    • unauthorized employment
    • impact of layoffs and lapses of employment
    • discretionary adjustment
    • impact of failure to do special registration
    • impact of leaving and returning
    • 245(c)(2), 245(c)(7), 245(c)(8), 245(k)
    • 245(i) grandfathering -- resolved and unresolved issues

SECOND Phone Session on June 24:

  1. Concurrent Processing -- is it always the best alternative?
    • advantages and disadvantages
    • strategy decisions

  2. Actions subsequent to filing -- strategies for work and travel
    • extending nonimmigrant status or EAD
    • travel with H or L visa or advance parole
    • travel by derivatives
    • extension of nonimmigrant status by parolee

  3. Adjustment Portability -- entering The Twilight Zone
    • applicability to aliens who leave before 180 days
    • impact of employer revocation of petition
    • applicability to concurrent processing
    • impact of prevailing wage and employer financial ability issues
    • applicability to multinational managers
    • applicability to part-time employment
    • strategies for proving "similar occupation"
    • applicability to consular processing
    • responding to RFEs

THIRD Phone Session on July 23:

  1. Child Status Protection Act -- strategies to protect your children
    • issues regarding BCIS and DOS implementation
    • effective date issues
    • concurrent processing issues
    • protecting following to join children
    • adjustment of status vs. consul processing
    • unresolved issues and open questions
    • attorney strategy and due diligence issues

  2. Adjustment of status of special classes -- the search for alternatives
    • exchange visitors with two year return requirements
    • fiancées who don't marry
    • after-acquired spouses
    • conditional resident investors
    • immigrants
    • national interest waiver doctors
    • asylees adjusting through family or employment
    • upgraded and downgraded family member
    • adjustment without petitions

  3. Hot Topics -- What's Behind Door Number 3?
    • impact of DHS
    • new security screening: will adjustment and consular processing slow to a halt?
    • predicting the unpredictable

For more info on this phone seminar series, including detailed curriculum, speaker bios, and registration information, please see: For the fax version, please see:

Featured Article

Race, Nationality, and Reality: INS Administration of Racial Provisions in US Immigration and Nationality Law Since 1898, Part 4 of 8
Marian L. Smith writes "The Supreme Court first attempted to construe the meaning of "white persons" in 1922, in the case of Ozawa v. The US."

A Legal Guide For Detainees: Actions Brought Against INS Or Other Law Enforcement Officials For Personal Injury Or Property Damage or Loss: Part 1 of 3
The Commission on Immigration Practice, Policy, and Pro Bono of the American Bar Association offers a detailed guide at how to bring actions against INS for personal injury or property damage.

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:

Immigration Law News

BCIS Requests Emergency OMB Approval For I-130 Form
The BCIS has requested emergency review from the Office of Management and Budget (OMB) of the I-130 form.

Air Cargo Security Improvement Bill Seeks To Require Notification Prior To Training
Sen. Hutchinson (R-TX) introduced the Air Cargo Security Improvement Bill, including immigration related provisions seeks to require notification to the DHS of individuals seeking training in certain aircraft operation.

BCIS Says General's Counsel's Memorandum On Accrual Of Unlawful Presence Is BCIS Policy
A memorandum from the Acting Associate Director, Operations at the Bureau of Citizenship and Immigration Services to all BCIS service center directors, regional directors and the office of international affairs director states that the memorandum provided by the BCIS Office of General Counsel on the acrrual of unlawful presence is BCIS policy.

New Policy On Cuba At DOS?
During a press briefing, Department of State spokesman responded to the question, "Yesterday there were some Cubans that were, that refused to be picked up out of the water and so the Coast Guard gave them life jackets and they were able to swim to shore. Is this a new policy that the US is assisting them now to come ashore?"

BIA Expands Petty Offense Exception
In re Garcia-Hernandez, 23 I&N Dec. 590 (BIA 2003) (May 8, 2003), the Board of Immigration Appeals (BIA) said that an alien who has been convicted of a crime involving moral turpitude that falls within the petty offense exception could be eligible for cancellation of removal and said that an alien who has committed more than one petty offense could be eligible if only one crime was a crime involving moral turpitude.

BIA Says Defendant Is Eligible For Cancellation Of Removal Where He Has Accrued Requisite 7 Years Of Continuous Residence Prior To Commission Of Second Misdemeanor Crime
In re Deanda-Romo, 23 I&N Dec. 597 (BIA 2003) (May 8, 2003), the Board of Immigration Appeals (BIA) said that the Immigration Judge erred in concluding that the first moral turpitude offense terminated Defendant's accrual of continuous residence under section 240A(d)(1) since Defendant would become subject to inadmissibility only through the commission of his second crime involving moral turpitude, which occurred after he had accrued the 7 years of continuous residence required for cancellation of removal.

Habeas Review Available For CAT Claims
In Saint Fort v. Ashcroft, No. 02-2451 (1st Cir. May. 9, 2003), the court said in finding the "existence of habeas review for claims arising under the implementing legislation and regulations of the Convention Against Torture (CAT), we are able once again to avoid the pitfalls of a construction of the statute that would entirely preclude judicial review, giving rise to substantial constitutional questions."

Gender-Based Asylum Claim Awaits Decision By Attorney General Ashcroft
The California Law Recorder reports "[Alvarado's case, Matter of R-A-, 3403] is important because it will impact gender asylum cases more broadly than those related to domestic violence," Musalo from the Center for Gender and Refugee Studies at the University of California's Hastings College of the Law said. "It really does set the standard in terms of whether a social group can be defined by gender ... and who gets protection."

BCIS Acting Director Aguirre Is Aware Of The Need To Reduce Long Lines
The Houston Chronicle reports "Acting Director Of BCIS Aguirre Jr. has a message for those dozens of immigrants who line up outside the old INS office at 5 a.m. every day and then wait hours for the chance to spend a few minutes talking to a government bureaucrat."

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Help Wanted: Government Relations Manager
Aiesec United States, Inc. is a non-profit organization that coordinates paid international internships for college-aged students in 85 member countries. The Government Relations manager position is based in New York, NY and will be responsible for issuing and maintaining all paperwork required to issue the J-1 training visa for incoming exchange participants. This position requires ensuring J-1 regulatory compliance for its central administrative office and 40 additional locations comprised of student volunteers for more than 1000 exchange visitors. Train volunteers on all aspects of J-1 compliance at national conferences. Maintain regular contact with the Department of State, related government agencies and lobbying organizations in Washington DC. Experience issuing the J-1 training visa + managing visa compliance is required. Bachelor's degree and a high level of organizational skills are essential. Experience as a J-1 Responsible Officer or Alternate Responsible Officer in a similar exchange program is preferred. Applicant must be a US citizen. E-mail resume and cover letter to

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Letters to the Editor

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Editorial Advisory Board
Marc Ellis, Gary Endelman

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