ILW.COM - the immigration portal Immigration Daily

Immigration Daily May 14, 2003
Previous Issues
The unmatched news resource for legal professionals. Free! Join 9000+ readers

Editor's Comments

Thanks, We Will Follow-Up

So far, three readers have sent us their ideas for contibuting money to aid the relatives of the undocumented immigrants who perished in the 9/11 tragedy (provided that they have not already received anything from the government). We will be following up on each suggestion, and are hopeful that we will be able to identify a non-profit organization to whom we can disburse funds. When that happy event occurs, we will be sure to let our readers know. In the meanwhile, if anyone has additional suggestions than those that appear in Letters to the Editor today, please email us at


Adjustment Of Status - It Ain't What It Used To Be

A few years ago, adjustment of status was a relatively simple matter. The adjustment/consular process now involves elaborate legal and strategic calculations with complexities involving status violations, concurrent processing, work and travel, portability, CSPA, etc. Immigration attorneys must master this crucial and essential process in order to succesfully guide clients through the minefield that it has now become. Distinguished practitioners Ron Klasko and Tammy Fox-Isicoff will share their experience, insights and knowledge in an in-depth, cutting-edge discussion about this emerging subject in ILW.COM's new telephonic seminar series "Advanced Issues In Adjustment Of Status." For more info, including detailed curriculum, speaker bios, and registration information, please see: For the fax version, please see:

Featured Article

The Perils Of Pragmatism: Outsourcing, Not The Cap, Is What America Should Fear
Gary Endelman writes "the most important truth is that the extent to which IT jobs are leaving the US has little, if anything, to do with whether the H-1B cap rises or falls. Keeping the cap high will not cause jobs to leave and slashing it will not keep them home."

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

Sen. Coleman Introduces Private Bill
Sen. Coleman (R-MN) introduced a private bill supporting permanent residency status for Tchisou Tho.

EOIR Suspends 2 Attorneys, Issues Final Orders Of Discipline For 2 Other Attys In Latest Disciplinary Actions
The Executive Office for Immigration Review (EOIR) of the Department of Justice has taken disciplinary action against four attorneys after charging them with violations of the rules of professional conduct for immigration practitioners.

BCIS Clarifies Position On Adjudicating Applications For Citizenship Under INA Section 322
A memorandum from the Acting Associate Director, at the Bureau of Citizenship and Immigration Services to all BCIS service center directors, regional directors, district directors, and officers-in-charge clarifies the BCIS's position on the effect of a grandparent's death on naturalization under INA Section 322.

Diplomatic Visa Entry Denied On Security Grounds
During a Department of State press briefing, the the DOS responded to questions concerning the denial of entry to a Saudi diplomatic official on security grounds.

8 CFR 3.2(d) Trumps 8 CFR 3.2(a)
In Navarro-Miranda v. Ashcroft, No. 01-60945 con. w/02-60126 (5th Cir. Apr. 8, 2003), the court said that the Board of Immigration Appeal's (BIA) construction of 8 CFR 3.2(d) as overriding 8 CFR 3.2(a) which led it to the conclusion that it lacked jurisdiction to reopen the removal proceedings of a deported alien was a reasonable agency interpretation.

No Persecution Where No Connection Exists Between Actions Against Ukranian Asylee Applicants And Ukranian Government Officials
In Lebid v. Ashcroft, No. 02-2576 (3rd Cir. May. 8, 2003), the court said that "although the family was the target of harrassment and vandalism and the May 20, 1993 assault and the June 1990 dog attack apparently were serious crimes, this course of conduct was not sufficiently egregious to constitute past persecution or to give rise to a well-founded fear of persecution in the future" and also said that "there was a lack of the necessary connection between the harrassment and vandalism actions against Petitioner and Ukranian government officials."

District Court Lacks Jurisdiction To Hear Mandamus Action Against BIA
In Bhatt v. BIA, No. 02-1803 (7th Cir. May. 12, 2003), the court said that "for all practical purposes, however, Petitioner's mandamus action to compel the BIA to reconsider its decision is no different from an appeal from the BIA's decision to adjudicate, or in this case, not to adjudicate, his motion to reconsider", and that the district court lacked jurisdiction.

Habeas Corpus, Where Art Thou?
A United Press International op-ed piece says "If you believe in the very first sentence of the very first law ever declared in the United States, then there's no way you can be opposed to immigration."

Bryan INS Raid Jury Selection Begins
The Houston Chronicle reports "Jury selection began today in the trial of three agents of the Immigration and Naturalization Service charged with violating the civil rights of an illegal immigrant who died after a raid in which his family says he was beaten and denied timely medical care."

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:


Help Wanted - Immigration Legal Assistant
The Law Offices of Scott D. Pollock & Associates, P.C. seeks an Immigration Legal Assistant for its growing firm located in downtown Chicago. Fluency in Spanish plus 1-3 years experience in deportation, waiver and family issues is required. Excellent writing, communication & organizational skills are a must. Position involves substantial client contact, affidavit drafting and country conditions research. Send resume, cover letter and writing sample to Scott D. Pollock & Associates, P.C., 105 W. Madison #2200, Chicago, IL 60602 by fax 312-444-1950 or e-mail No phone calls please.

Immigration Software - Case Management System
You know the impact that automated forms programs have had on your immigration practice, so why stop there? What if you could streamline every aspect of case preparation and filing - client data collection, case status tracking, client/attorney communication, even standard responses to common client questions? How much more productive could your practice be if you could reduce the time you spent on the phone with your clients by 80%? Or if you and your clients could review and edit all of their forms and letters, online, without having to mail them back and forth? If you're ready to handle more cases, more productively, and at a lower cost, then you owe it to yourself to try VisaPrep, at no obligation, free for 30 days. We'll customize an online immigration application preparation system just for you, and provide you with all the training you need - no cost, no catch. In those 30 days, you'll see cases prepared faster, spend less time on the phone with clients, and your staff will work more efficiently. Call 866-VISA PREP (866-847-2773) or send an e-mail to: for more information.

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:
Congratulations for donating to AILF and so many other non-profits during this recession. Non-responsive answer to your request for names of non-profits available to aide 9/11 victim's families who have not been compensated, not with an unkind heart, but rather because I am not currently aware of the names of such non-profits organizations. In the event you are maintaining a list of deserving non-profits for the remainder of your contribution or for future contributions, the possibilities are endless. Two more non-profits providing and supporting substantial pro bono and low cost legal assistance in their communities to immigrants include: the Minnesota Advocates for Human Rights, 310 Fourth Avenue South, Suite 1000, Minneapolis, MN 55415 (Immigrant and Refugee Project); and the Immigrant Law Center of Minnesota, 193 East Robie Street, St. Paul, MN 55107 (Volunteer Lawyer's Walk-in Clinic and other services).

E.S., Esq.
Minneapolis, MN

Editor's Note: As to the funds remaining from the 9/11 seminar, a shortlist of organizations was prepared last year based on suggestions from the 350+ attendees of that seminar. However, we do intend to take actions in assisting not-for-profit projects/institutions in the immigration law field in the future. Any information sent to us in this connection will be carefully reviewed. Thank you for your comments.

Dear Editor:
In response to your Editor's Comments, please contact Rev. Peter Laarman, Judson Memorial Church, 55 Washington Square South, New York, NY 10012. He is an administrator of a fund for workers in hotels and restaurants who lost their jobs due to 9/11, many of them undocumented. This is specific to the New York City WTC workers; there is another fund administered by the Hotel Employees, Restaurant Employees union (HERE) which targets workers nationwide.

Margaret Wise

Editor's Note: Please see Editor's Comments above.

Dear Editor:
In response to your Editor's Comments, I believe Associacion Tepeyac in New York has been doing a lot of work with undocumented victims/survivors of 9/11. I am not sure of their contact information, but Ben Ross of the NY Immigration Coalition would know about this group and others in the NY area.

Lara Jayasanker, Catholic Migration Office Staff Attorney
Brooklyn, NY

Editor's Note: Please see Editor's Comments above.

Dear Editor:
In response to your Editor's Comments, the International Institute of Akron's Immigration Department would try to help free of charge any of the victims families who live in NE Ohio.

Dawn Brunkalla

Editor's Note: Please see Editor's Comments above.

Dear Editor:
For all the good it will do, let me point out once again, that we have been there and done that amnesty thing. Remember the 1986 amnesty law? I recall hearing how much better off the US would be when illegals were "out of the shadows" and we could track them as well as finally control our borders. Well, someone forgot to tell the illegals that we are in control because they continue to pour across our borders like there is no tomorrow. Why wouldn't they? Anyone with any sense should have known (and probably did if they would be honest) that rewarding people for breaking the law just encourages more people to break that law in hopes of someday getting the same reward. Unfortunately, if the bleeding heart liberals get their way, that is exactly what will happen. When does it end? It is time that Congress as well as the President hear from those of us who believe that right is right and the idea of another amnesty simply isn't right. There should be rewards for those who follow the rules and enter legally and there should be no rewards for those who choose to break the law. Anything less than a firm policy that upholds the immigration laws will just bring us back to this seemingly endless debate in another few years. Those who refuse to learn from history are doomed to repeat it, this has certainly proven true with the amnesty argument, it didn't work in 1986 and it won't work now.


Dear Editor:
Do you have any idea when the California Service Center will begin processing H1B petitions again? They haven't done any since Oct-Nov 2002.

James W. Hawkins

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 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.

Editorial Advisory Board
Marc Ellis, Gary Endelman

© Copyright 1999-2003 American Immigration LLC, ILW.COM