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Immigration Daily May 16, 2003
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Editor's Comments

Thanks, BCIS

Pursuant to a request made by us to the BCIS website staff, BCIS has kindly made available the second of two memoranda from the Acting Associate Director for Operations, BCIS, which, read in conjunction, provide guidance on processing FBI fingerprint checks prior to filing Form I-600 abroad (for the actual memoranda, please see the news item below). We thank BCIS for making this information available to the public.


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

Integration with Third-Party Software: BCIS E-Filing
Juli Gammon writes "Walther Solutions has been engaged in a discussion with key BCIS officials since early April regarding the integration of e-filing with third party software. Because this information would be valuable to all attorneys using automated software, we are happy to share this information with Immigration Daily readers."

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

Albanian Pleads Guilty In Alien Smuggling Conspiracy
Assistant Attorney General Michael Chertoff of the Criminal Division and US Attorney Johnny Sutton, both of the Department of Justice, announced today that Rustem Muho, also known as Galli Franco, pleaded guilty in federal District Court in Del Rio, Texas, to a charge of conspiracy to smuggle aliens into the US.

DOJ Responds To Time Magazine Article
In a letter to the editor, Barbara Comstock, Director of Public Affairs of the Department of Justice responded to the alleged inaccuracies in Time Magazine's May 12, 2003 article entitled, "The War Comes Back Home".

BICE Unveils Most Wanted Criminal Aliens List
The Bureau of Immigration and Customs Enforcement (BICE) unveiled a "most wanted" criminal aliens list, featuring criminal aliens from around the world who pose a continuing threat to public safety.

Guidance On Processing FBI Fingerprint Checks Prior To Filing Form I-600 Abroad
Two memoranda from the Acting Associate Director for Operations, Bureau of Citizenship and Immigration Services read in conjunction (One and Two) provide guidance on processing FBI fingerprint checks prior to filing Form I-600 abroad.

Relief Foreclosed By Apprendi
In US v. Valtierra-Rojas, No. 02-3356 (10th Cir. May. 14, 2003), the court said that the district court sentenced Defendant to 64 months of imprisonment, which was well within the statutory maximum of 20 years for one count of illegal reentry by an alien deported after an aggravated felony conviction.

Escaped Ugandan Child Soldier Is Member Of Particular Social Group
In Lukwago v. Ashcroft, No. 02-1812 (3rd Cir. May 14, 2003), the court remanded for reconsideration by the Board of Immigration Appeals (BIA) the Petitioner's claim for asylum based on a well-founded fear of persecution in the future by the Lord's Resistance Army (LRA) in Uganda because the class of former child soldiers who had escaped from the LRA fit within the statutory definition of a "particular social group", since there was evidence that the class may be in more danger from the LRA than the general population in Uganda.

Federal Court Will Hear Arguments On BIA's Curt Review Procedure
The San Jose Mercury News reports "California's federal appeals court will hear arguments today about whether [the BIA] can continue to deny appeals of deportation orders for immigrants without any legal explanation...."there's no way to ascertain whether the agency looked into the case at all," said Marc Van Der Hout, a San Francisco attorney representing Maria Elba Rosas-Robles, one of the cases combined together for today's hearing in Pasadena."

Deadliest Illegal Immigrant Smuggling Case May Warrant Death Penalty
The Houston Chronicle quotes Asa Hutchinson, undersecretary of border and transportation security, a branch of the Homeland Security department saying, "The ruthless criminals who potentially are engaged in this who have historically put profit before people will be tracked down, apprehended and prosecuted to the fullest extent of the law".

BICE Says 36,000 Criminal Aliens Deported To Date For FY 03'
Government Executive reports "[BICE] suspects that there are 300,000 aliens facing deportation orders currently in the United States, and 80,000 of those have been convicted of a crime. Many served prison time and were released. In the first six months of this fiscal year, [BICE] has deported 36,000 criminal aliens.

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Books - 2003 Edition 8 CFR Plus And INA
We are pleased to announce that the latest edition of the Immigration & Nationality Act (INA) is now available. This reference tool is invaluable while writing to the INS about a RFE or preparing a petition. Attorneys have been using the exhaustive topic indices in the 8 CFR Plus and The Whole ACT - INA (Annotated) to do just that for years. Whether you are a seasoned practitioner or a less experienced attorney entering the immigration law field, these books are a must-have. Not satisfied with your purchase? We offer a money-back, no questions asked guarantee. For information on our various publications, please see this link.

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.

We carry advertisements for Help Wanted: Attorney, Help Wanted: Paralegal, Help Wanted: Other, Positions Sought, Products & Services Offered, etc.
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Letters to the Editor

Dear Editor:
The following press release was released by the National Immigration Forum.

The deaths of eighteen migrants in an 18-wheeler truck in Victoria, Texas has sparked renewed calls for comprehensive immigration reform from the National Immigration Forum, a pro-immigrant advocacy organization in Washington. As we head towards the summer season, the group predicts that many more will perish along the U.S.-Mexico border unless Washington acts. "While this tragedy is horrific, we have seen similar deaths in ones and twos and dozens in the past," said Angela Kelley, Deputy Director of the National Immigration Forum. "Unless and until we see comprehensive reform that allows migrants to come legally and with dignity, we will see more of these tragedies in the weeks and months ahead." The Forum supports policies that would expand legal channels for immigrants to come to this country seeking work and a better life for their families. Years of law enforcement and technological build-ups at the border have proven no substitute for realistic, enforceable immigration laws. Our current policies to repress immigration have criminalized the process of matching willing workers with willing employers. Those who benefit are the smugglers who are reaping millions in profits at the cost of hundreds of lives a year. "Last year, we saw one death on average per day along the border," Kelley said. "Our policies must be adjusted to reality so that we are no longer lining the pockets of smugglers, document forgers, and unscrupulous employers exploiting the black market for workers." A smart-borders policy would allow people to come with visas and legal status, taking the profit out of smuggling and the danger out of seeking work. Expanded and continued cooperation between the U.S. and Mexico to bring order and safety to the border also must be a priority, Kelley argues. Combined with a policy to allow long-term, tax-paying undocumented immigrants already here to earn an opportunity for legal status, this would reduce the human black market and bring hard working immigrants out of the shadows. "Overhauling our immigration laws is an essential ingredient in improving national security, economic security, and reuniting American families divided by borders and outdated laws," Kelley said. "Rather than repressing immigration ineffectively, we should be managing it efficiently. Not just to benefit the immigrants, but to benefit the country and the economy." "Until we do something about our immigration laws - until they match the reality of people seeking opportunity and employers who want to hire them - we will see more of these senseless tragedies unfolding in the summer months ahead," Kelley concluded.

Douglas Rivlin
National Immigration Forum

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