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Immigration Daily June 6, 2003
Previous Issues
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Editor's Comments

Stay Connected

This is a reminder to those of our readers who have changed jobs, switched internet providers, or for whatever other reason have changed their email addresses. Please remember to resubscribe with your new email address; otherwise, you'll miss us and we'll miss you. To subscribe please enter your new email address in the appropriate box on our home page. For example, we've learnt that many of those with email addresses at usdoj.gov will now have new email addresses at dhs.gov. If this applies to you, please take a moment to make the change.


ILW.COM Focus

Curriculum For "Creme de la Creme: Extraordinary, Outstanding, Multinational and Exceptional"

The following is the curriculum for ILW.COM's new seminar "Creme de la Creme: Extraordinary, Outstanding, Multinational and Exceptional"

FIRST Phone Session on June 30: Multinational Executives/Managers (EB-1-3)

  • Basic regulatory criteria and proofs
  • Distinguishing features between EB-1-3 and L-1A categories
  • Advantages of EB-1-3 category
  • Claim for a small company executive/manager
  • Current trend and difficulties

SECOND Phone Session on July 10: EB-1-2 And NIW

Outstanding Researcher/Professor (EB-1-2)

  • Basic regulatory criteria and proofs
  • Distinguishing features between EB-1-1 and EB-1-2
  • Advantages of EB-1-2 category
  • Offer of permanent employment - blind spot
  • Current trend and difficulties

National Interest Waiver (EB-2)

  • No regulatory criteria
  • AAU decision in NY Department of Transportation
  • Labor Certification issue - How to demonstrate that benefits of alien's work outweighs the national interest inherent in the labor certification requirement
  • Advantages and Difficulties
  • Current decisional trend

THIRD Phone Session on August 28: Alien of Extraordinary Abilities (EB-1-1)

  • Basic regulatory criteria and proofs
  • Advantages of EB-1-1 category.
  • Alien must continue to work in same field - How to establish such intent?
  • Public charge issue - What different proofs can be shown to overcome this concern?
  • Current trend and difficulties

In addition to the specific curriculum above, general points covered in this series will include: Letters of reference: How many and from where? - Regulatory criteria: The Number Game - Alien's young age should not be a deterrent - Responding to RFE - Practical suggestions: Alien's lawful or unlawful status in U.S.

For more info on this phone seminar series, including detailed curriculum, speaker bios, and registration information, please see: http://www.ilw.com/seminars/june2003.shtm. For the fax version, please see: http://www.ilw.com/seminars/june2003.pdf.


Featured Article

BCIS Disallows Filing Of Waiver Of The Joint Filing Requirement Prior To Final Termination Of Marriage
Cyrus D. Mehta writes "The new Bureau of Citizenship and Immigration Services (BCIS) within the Department of Homeland Security (DHS) has been issuing several memos to its various personnel advising them to interpret provisions of the Immigration and Nationality Act more restrictively."


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

No Abuse Of Discretion Found
In Ingdashet v. INS, No. 02-1960 (4th Cir. Jun. 4, 2003), the court said that it reviewed the administrative record, the Board of Immigration Appeal's order and the Immigration Judge's decision and found no abuse of discretion.

Ethiopian's Motion To Reopen Denied
In Wakene v. INS, No. 02-1725 (4th Cir. Jun. 4, 2003), the court said that the Board of Immigration Appeals (BIA) did not abuse its discretion in denying Petitioner's motion to reopen.

Attorney General Ashcroft Asked To Testify Before Congress On Patriot Act
The San Francisco Chronicle reports "Lawmakers want to hear Attorney General John Ashcroft explain whether the Justice Department's new anti-terrorism powers should be renewed and talk about the department's treatment of immigrants following the Sept. 11 terrorist attacks."

Congress Asked To Reform Immigration Policy For Haitians
The Herald Tribune of Sarasota, FL reports "Haitian migrants should not be subject to indefinite detainment when they reach US soil and the federal government should help bolster the Caribbean nation's struggling economy, a delegation of Miami leaders told members of Congress Wednesday."


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

Immigration Software - Case Management System
Do you know what it really costs you to prepare and process one immigration application? Factor in your forms program, your staff, their benefits, other software, sending documents back and forth, and you're spending hundreds of dollars per application. Your practice is a business - run it like one. Don't spend more than you need to process applications and diminish your profitability. We can help you determine how much it's really costing you to process your applications, and how you can reduce those costs while providing faster, more accurate processing to your clients. We'll customize a VisaPrep system for you that will allow you to better manage your costs and serve your clients with a higher level of service. VisaPrep is the only automated immigration application preparation and management system proven through five years of use on thousands of matters. Call VisaPrep at 866-VISA-PREP (866-847-2773) or send an e-mail to info@visaprep.com to find out how to make your practice more profitable.

Law Practice For Sale
Are you a well-established mid-sized/large reputable immigration law firm? Do you want to take your practice to the next level? Does the idea of expanding your practice to more than one city stop you in your tracks? Then, read further - this may be opportunity knocking at your door. A highly regarded mid-sized employment-based immigration boutique in a major metropolitan city is for sale, with $1M+ gross revenues and a 12+ staff of lawyers and paralegals. Firm has a good reputation and excellent client service practices. Health reasons are causing Principal to retire in a few years. Principal would like to stay on as rain-maker over a mutually agreed transition period. Interested law firms should send inquiries to webmaster@ilw.com. All correspondence will be treated as strictly confidential.

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:
I am writing in response to "Chucky's" letter to the Editor implicating "all immigration attorneys" as financial benefactors of 245(i) partial "amnesty" for designated aliens. Just to give you the big picture: First, many lawyers practicing immigration law are employed by non-profit organizations including religious, legal services, human rights civil rights and other organizations earning less than an enviable salary. Second, many lawyers volunteer to help indigent clients on a pro bono, non-fee paying basis. Despite the fact that I am an immigration lawyer, I personally favor "legal immigration" and preferential treatment to those foreign nationals who have complied with our immigration laws. After that, I favor advocacy to change draconian laws to solve problematic immigration policies such as the second preference family petition (LPR permanent resident) nuclear family separation five year + wait. I for one, helped dozens of these families at a legal clinic. Many had one LPR here and would have been separated from spouses and children (some spouses/children were in the US legally, but would have had to leave for many years). They were able to stay together by filing for 245(i) LIFE ACT relief. As one of many volunteer attorneys at a legal services clinic, we helped individuals who came in without charging fees. As for other immigration attorneys who did collect fees, I'm sure you, "Chucky," expect if you do work for others who can afford to pay you, that you expect to be paid for your services. Broad generalizations about any class of people will always be subject to exceptions. On another topic, (taxation/children) statements were made in Immigration Daily letters to the Editor several times in the past that earned income or investment income attributed to children is not taxable. As lawyers, I believe it is ethically important for us to step forward to open a discussion on statements made that could be false or misleading involving the law. (In the past, I wrote in to bring to light the various English and non-English language laws introduced or passed in various State and Federal legislatures). While I am not a tax lawyer, (perhaps another reader is), I vehemently disagree with statements made that "children's income is not taxable in the US." For example, if a three year old child appears in an advertisement (for compensation), he or she will have applicable state and federal taxes over a certain "floor" dollar amount, including social security, etc. held out of the pay by the casting agency. If the child has a college fund UTMA (Uniform Trusts for Minors Act) set up by a parent or guardian, and the fund earns dividends or capital gains, the non-earned income is subject to tax. If a trust or other investments provide non-earned income attributed to a child, the income will be subject to taxation. Yes, income below a minimum "floor" might not be subject to taxation and income may be taxed at a lower rate than a parent's taxable rate, "kiddie tax," but a child's income, earned or attributed is subject to taxation in the US.

E.S. Esq. Minnesota

Dear Editor:
245(i) in and of itself will not resolve the immigration problem. It would be only a partial solution. Those who propose it are doing so to garner American-Hispanic votes. What is needed is complete immigration reform.

Richard E. Baer


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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