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Immigration Daily May 27, 2003
Previous Issues
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Editor's Comments

Snafu

Due to a technical error, we sent out our sister publication - Immigrants' Weekly - to all Immigration Daily subscribers this morning. We regret the error.


ILW.COM Focus

200,000 Attorney Searches Per Year!

Approximately 200,000 searches are made each year for immigration attorneys on ILW.COM. That's more than 400 searches per year per attorney listed in our lawyer directory. Which means that if you are listed with ILW.COM, then your listing will be searched once each day throughout the year. You need only one client a year to make a profit on your listing! We can even link your ILW.COM listing directly to your own website. For a personal discussion on listing your practice in our directory, please send an e-mail with your phone number to webmaster@ilw.com. Alternatively, if you prefer to list yourself on-line, please click here: http://www.ilw.com/membership/.


Featured Article

Race, Nationality, and Reality: INS Administration of Racial Provisions in US Immigration and Nationality Law Since 1898, Part 6 of 8
Marian L. Smith writes "Another area where the INS increased its use of administrative discretion related to racial eligibility to naturalization."

A Legal Guide For Detainees: Actions Brought Against INS Or Other Law Enforcement Officials For Personal Injury Or Property Damage or Loss: Part 3 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: http://www.ilw.com/seminars/

Immigration Law News

GAO Report On Protecting Refugee Women And Children Says Its Work Is Far From Done
The General Accounting Office was asked to review efforts by the UN High Commissioner for Refugees (UNHCR) to protect refugee women and children and concludes that the Secretary of State work to reform UNHCR's staffing system, expand protection training, encourage protection partnering, and maintain focus on combating sexual exploitation of women and girls (63 pps.).

Colombian's Conduct Before His Arrival In US Undercuts His Persecution Claim
In Pelaez v. INS, No. 02-1512 (1st Cir. May 22, 2003), the court said that it agreed with the Immigration Judge's finding that Petitioner's failure to apply for asylum in any of the [three] countries he visited on his business trip before his voluntary return to Colombia and subsequent trip to the US undermined his claim that he genuinely feared persecution at home.

Knowledge Of Inadmissibility Implies Knowledge Of Lack Of Official Authorization Under 8 USC 1324(a)(2)
In US v. Gasanova, No. 02-50566 (5th Cir. May 22, 2003), the court said that the critical inquiry in applying 8 USC section 1324(a)(2) of IRCA was whether the employer knew the alien's entry was unauthorized, irrespective of the documents, and "to construe official authorization as including a document the defendant knows to be mistakenly-issued or fraudulently-obtained would thwart [Congress'] objective."

No Gender Claim Where Derivative Citizenship Sought From Father
In Barthelemy v. Ashcroft, No. 01-71529 (9th Cir. May 23, 2003), the court said that Petitioner did not have derivative citizenship under INA 321(a)(3), 8 USC 1432(a) because his parents never married and hence could not legally separate. The court also said that perhaps Congress should have carved out an additional route to citizenship for those whose fathers have naturalized and have custody over their children but who never married the natural mother of their children.

Immigration Agent Acused Of Violating Mexican Immigrant's Civil Rights By Withholding Medical Treatment
The Houston Chronicle reports "An immigration agent accused of violating a Mexican immigrant's civil rights appeared "surprised" when he learned the man was seriously hurt during an alleged beating by officers, a witness testified Thursday."

US Arrests Undocumented Working At Sears Tower Citing Security Concerns
The Longview News Journal of Longview, Texas reports "Immigrants working illegally at Sears Tower have been arrested by federal authorities who said security concerns prompted the crackdown."


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Classifieds

Help Wanted - Experienced Immigration Attorneys
Are you looking to join a fast-paced, dynamic and friendly team that provides first-rate immigration legal services to global businesses and individuals? Paparelli & Partners LLP, a leading immigration law firm with an established national practice, has immediate openings for two experienced Immigration Lawyers to work at its office in Irvine, California. If you have what it takes, you will work with multinational companies and high-achiever individuals to perform the full range of immigration legal services for employment-based and family-based immigration clients. You will use computer software extensively (research databases, Internet, MS Word, MS Outlook, Excel, ProLaw, Power Point, etc.), and become immersed in cutting-edge immigration law issues. Please contact us if you are a multi-talented multi-tasker, detail oriented, express yourself well in person and on paper, work well as part of a team, love challenges, are willing to work hard, have a spotless ethical record and character, are admitted to practice law in California or another state and have up to three years of U.S. immigration law experience. One of the two positions requires reasonable fluency in Japanese. If you'd like to pursue this exciting opportunity, fax or email your resume + cover letter to Chris McCoy at 949-955-5599 or e-mail her at cim@entertheusa.com. For background, see our web site: www.entertheusa.com. 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 latest National Immigration Forum (NIF) press release states it is essential to, "...give these hard working immigrants without papers a path towards legal status and citizenship...". Pardon me, but essential to whom? And at whose and what cost?  Is "hard working" now a legal defense or reason to nullify criminal behavior which also precludes our rule of law? Have past amnesties or legalizations diminished the flood of illegal entry and questionable "legal" entry? Why is the more vigorous application of deportation of illegals "not possible or desirable"? Why should citizenship be cheapened by granting it to those who willingly and arrogantly defied our sovereignty and entry laws? How is a critical cohesiveness of society achieved with such counterfeit measures? How is essential respect generated between new migrants and existing citizens with unearned, manipulated and/or stolen legal status? Why are advocates of such divisive policies under the guise of "human rights", diversity or multiculturalism not concerned with the superior rights of our own citizens over xenomania in favor of foreigners? Why are not those who pursue such dilution and/or deception condemed as foolish at best and treasonous at worst? Why should citizens not be concerned about ulterior motives of excessive immigrant advocates including the direct threats by radical groups? Why do apologists always refer to illegal aliens as undocumented? Should bank robbing now be referred to as unauthorized withdrawals to allow for dignity, or legalized to bring these hard workers out of the shadows? Are such efforts wrapped in phony charitable motives merely to disguise crass self interest including more tax revenue or bottom line profit? Why is it assumed that illegals are all of upstanding character engaged in positive endeavors when they have already demonstrated a criminal mindset and many continue the behavior? What kind of society will be the result of such "citizens"? With the recent outbreak of many strange, foreign diseases, who can justify any immigration except the limited and controlled variety? In view of past, excessive immigration and present terrorist and health concerns, would not a 5 year "time out" period be in order? Why do foreigners believe they can decide to come here imposing their will upon US? How is security achieved when miles of our borders can be violated at will? Why are we paying for secure borders in Afghanistan and Israel and not here? Why does NIF claim we must legalize criminals in order to secure our borders?

All Americans deserve answers to these questions and many others, not press release propaganda and pandering by politicians and special interests. On this Memorial Day weekend, Americans need to ponder the legacy and nature of the society we are creating for posterity and to consider if it equals or is even worthy to be compared to that which previous generations sacrificed mightily for US. One does not have to be a Bible believer to appreciate the following wisdom:  "He that worketh deceit shall not dwell within my house..." (Psalms 101:7) and, "Verily, verily, I say unto you, He that entereth not by the door into the sheepfold, but climbeth up some other way, the same is a thief and a robber."  (John 10:1)      

R. L. Ranger

Dear Editor:
I am writing this letter for the thousands of legal immigration petitioners. The deathly slow processing speed for Work Based Green Cards at the California Service Center of the BCIS (formerly INS) is causing major problems for the daily lives of these legal foreign workers. No one would argue, in light of the terrorist threats, the need to more fully vet potential immigrants into the United States. And if the additional checks required some additional time, so be it, the benefits far outweigh the small price in waiting. However, when the average waiting time for a relatively simple approval process has gone from 6 months to approximately 20-24 months, there is something sinisterly wrong with BCIS operating procedures. And for INS to cloak themselves under the guise of performing additional security checks is deliberately misleading. In a post 9/11 environment, in spite of INS past embarrassments of approving terrorists post humously, the President has given a mandate to the organization to ensure I485 approvals be completed within 6 months with all neccessary security checks. Yet, in practice the complete opposite has happened, stretching approvals to an average of 20 months. In addition, INS (BCIS) has frozen processing from Nov.15 to Feb. 15, first denying there was a freeze then later acknowledging there was a freeze when they upgraded their computer systems. After an initial blip of approvals (lasting 2 weeks), the process has virtually grinded to a halt. In the face of a mountain of backlogged unapproved 485 applications, BCIS is plodding along approving 5-20 applications a day, while 125-200 new applications come in every day. Being forced to wait extraordinary lengths of time, the would be immigrant is forced to reapply/renew his EAD (Employment Authorization document).With this huge problem, what does BCIS do? Do they focus their resources on approving the green cards? No, they put the resources on clearing the backlog of EAD's, which are a temporary solution for the people waiting for the 485 (GC) approvals. If they would approve the 485, they would get rid of the backlog on EAD's at the same time. But this logic escapes BCIS. In addition, as part of the 485 process, each applicant submits to a fingerprint exercise, which gets sent to FBI to check their background. BCIS has a policy of expiring the fingerprints after 15 months. (which seems like a reasonable policy as the president himself has indicated that the process should take no longer than 6 months). Now because BCIS is now taking between 20-24 months to approve, they are reissuing fingerprint notices to applicants who must go through the process again. It begs the question, with their system of tracking dates, instead of focusing extra resources on clearing the EAD backlog, why wouldn't they focus their resources on approving cases that the fingerprints are due to expire?

To understand how tenuous the process is for an immigrant you need to understand the Employment Based Green Card Process. The first step is to have a company sponsor you on a work related visa, usually an H1B. The approval for that could have taken upwards to 1 year. Then for the fortunate ones their sponsoring company immediately began the Green Card Process (this is not the norm, some time would ususally have transpired before this). The company then would need to advertise the position for approximately 6 months, reviewing all potential candidates for a better one, if there were no better ones, they could lodge a Labor Certification with the Department of Labor. This process even with the reduction in recruitment option is currently taking 1-2 years. Once LC is approved, you file an I140 with INS, which currently takes approximately 6 - 12 months. Once approved, then you can make your I485 application and wait the current 20-24 months. While you are waiting some 2-5 years, at your peril, under certain circumstances, you may change your employment. I say, "may", however, you run a serious risk of being denied your green card for numerous reasons. In addition to being tied to one employer for 5 years or more, and there are employers who take advantage of this situation, the immigrant, because he is "temporary" in nature, may not qualify to purchase a home among other things. The immigrant lives a precarious life waiting and hoping for his approval, and in these uncertain times, hopes he isn't laid off of his current employment. They meet on immigrant discussion boards for any scrap of information out of BCIS, which is miserly with their statements. Immigration Officers often give contradictory, inacurate and general information. BCIS issues a "Just In Time" report which shows the current date they are adjudicating, for the last 6 months this date has not changed for the 485 applications. In their frustration and feeling of powerlessness with the lack of progress and responsiveness from the CSC of the BCIS, they have organized a petition. What is a worthwhile read is the comments box in the petition, where you can get a very real sense of how this drawn out process is affecting the lives of these would be immigrants. It would be great if you can bring some pressure to BCIS CSC and get them to actively commit to addressing the problem.

Jeremy Li


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.

Editorial Advisory Board
Marc Ellis, Gary Endelman

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