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Immigration Daily

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Immigration Daily June 11, 2003
Previous Issues
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Editor's Comments

Pass It On In New Orleans

More than a thousand of our readers will be at the upcoming AILA Conference in New Orleans. We look forward to seeing you there. However, there will be at least a thousand people at the New Orleans show who do not know about Immigration Daily. If you find our periodical a valuable resource, won't you please share it with your friends there. We thank you for it and they will too.


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
    • fiances 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:

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Immigration Law News

ORR Requests Applications For Project To Stengthen Refugee Families
The Office of Refugee Resettlement (ORR) of the Administration for Children and Families of the Department of Health and Human Services issued a request for applications to conduct projects to strengthen refugee families through services promoting healthy marriages and the adjustment of refugee elderly and refugee youth to changing family dynamics.

Rep. Tancredo Speaks On Immigration Reform
During a debate in Congress, Rep. Tancredo (R-CO) said, "I believe there is ample evidence that illegal immigrants are increasingly taking jobs that American citizens would do willingly if wage rates for these jobs were not artificially suppressed by the ready supply of cheap labor from so-called undocumented aliens."

Statutory Rape Is Crime Of Violence
In US v. Vargas-Garnica, No. 02-4101 (7th Cir. Jun. 10, 2003), the court said that "the amendment of [USSG] 2L1.2 to expressly include "sexual abuse of a minor" as a "crime of violence" warranting a 16-level of enhancement demonstrates that, whatever else motivated the amendment, there was no intention to exclude a [statutory rape] conviction such as Defendant's from precisely such a 16-level enhancement."

Washington Post Op-ed Says Attorney General Ashcroft Has Serious Attitude Problem
A Washington Post op-editorial writes "Attorney general [Ashcroft] is far more dangerous than any of the immigrants he wrongly detained."

3 Immigration Agents Convicted Of Violating Immigrant's Civil Rights
The Boston Globe reports "Three US immigration agents were convicted yesterday of violating the civil rights of a Mexican immigrant who died after his neck was broken in a raid."

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Letters to the Editor

Dear Editor:
Perhaps it is Immigration Daily, which is confused. You stated in your June 10 editorial, "the fact that most anti-immigrationists consider themselves on the political right should be cause for embarrassment." Most? Many anti-immigrationists are Democrats who are against free trade and capitalism. Ever heard of unions? Or the Democrats and the unions opposing NAFTA in the 90s? I don't know the political affiliation of Mr. Rob Sanchez but I would bet he's a left-leaning union supporter. So, just because he's against the H-1B program, which is a nonimmigrant visa anyway, you label him an anti-immigrationist who's on the political right. This is ridiculous. Most people on the right support the wide-open free trade and laissez-faire capitalism (or close to it) that Sanchez lashes out against in his exchange with Greg Siskind. So, please get your political points in order.

Liem Doan, Esq.

Dear Editor:
When slogans replace reasoning, when words are not used for their meaning but for their ability to scare, when flags are unfurled as arguments against reason, civilization is in danger. I see a lot of bile in the correspondance of Mr. Sanchez to Mr. Siskind, published in the latest Immigration Daily. This is unfortunate, and would ordinarily make me guardedly skeptical of Mr. Sanchez's arguments. But my reaction to Mr. Sanchez's bile is nothing compared to my reaction to Mr. Siskind's replies, in which Mr. Siskind offers nothing more than slogans, flags, and words made meaningless through trite use. This is not to say that I do not appreciate passionate zeal, come from where it may. But I fear zeal that is also self-assured and that unthinkingly adopts comfortable assumptions that are too simplistic to possibly be true. Mr. Siskind brands everyone who does not fully subscribe to libertarian principles as "socialist" (I gather this is an insult to him, just like "libertarian" is an insult to some), and suggests they are also against freedom. He basically excludes those who do not fully share his opinions from the country he has built in his imagination. He equates disagreement with treason, more or less. I am pro immigration. I am no socialist. But, in a hypothetical world where everybody would have to be aligned for or against everything, I would have to choose to be against the decadence of reason Mr. Siskind displays. This is, respectfully, my opinion.

Name Not Provided

Dear Editor:
I don't think anyone would characterize me as being "anti-immigration," but I myself am ambivalent about H1-B visas. My own son, a computer programmer, recently lost his job, apparently to downsizing, not long after he asked for help on behalf of an Indian colleague, an H1-B who was being exploited by the employer (i.e., not being paid what he was supposed to receive). Now my son is unemployed, the H1-B continues to be exploited, and some people on both sides of the debate about H1-Bs are mouthing a bunch of stupidities based more on ideology than analysis of the pros and cons of the current system. The articles, and the editorial, were so painful that I couldn't finish reading them.

Lisa S. Brodyaga

Dear Editor:
Bravo to Greg Siskind for coherently and intelligently dealing with Mr. Sanchez' on the subject of immigration, government and economic philosophy. Mr. Sanchez tries to support his own views with ill-informed argument and illogical suppositions. I do not know Mr. Sanchez' background, but if he is a US worker trying to defend his employability against the highly-skilled and intelligent H-1B workers utilized by companies and who help our economy flourish, he is sadly mistaken if he thinks the written arguments presented in his diatribe against Greg Siskind will convince anyone.

Jill H. Stover
Immigration Paralegal, BP America Inc.

Dear Editor:
I agree 100% with the letter to the Editor that suggested $5,000 in BCIS fees for an expedited green card. Why? If immigrant people all over America are losing money in the hands of "Immigration dispatchers" (they are not lawyers and charge up to $6,000 per person) with the false hopes of legalization that many times ends in deportation, as well as money lost in 245(i) and other legal processes that will take a lifetime to resolve, it's a much better option. There are immigrants that are hard working people, and are willing to pay even more than $5,000 for the peace of mind to secure their rights to pursue their dreams. They are very successful business people, cleaning houses, working as landscaping contractors, in full and part time jobs at the same time, etc.. and $5,000 may not a burden for them. Many of them have more than me, a Swiss descendant, with blue eyes and blond hair, and who doesn't want to submit myself to all that hard work. They really work hard and I am a witness of that. The expedited process can be tiered, with a corresponding higher fee charged in exchange for faster processing times. For example, a $5,000 fee would allow you to obtain a green card in 12 months, $7,500 for a 6-mos. wait and $10,000 for a premium 30 day processing time, with an "on the spot work permit" issued at the time of the full payment (deducting attorney fees if used in the process). The process would also include a thorough security background check. The immigrants will benefit from the expedited green card by having a reliable method to achieve his/her green card process. The BCIS will collect at least $50,000,000,000 if we really have 10,000,000 undocumented immigrants in the US. That will be enough to create jobs for many Americans needed to work at the BCIS, and help to ease the current federal deficit that is at an all-time high.

M. Schwartz

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Editorial Advisory Board
Marc Ellis, Gary Endelman

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