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Immigration Daily

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Immigration Daily June 25, 2003
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Editor's Comments

Creme de la Creme

Our new seminar "Creme de la Creme: Extraordinary, Outstanding, Multinational and Exceptional" will discuss the lucrative area of EB-1 practice, with an in-depth analysis of
1-1s, 1-2s, 1-3s and additional commentary on L-1As and NIWs. Being on the cutting edge in these areas will give your law firm a competitive edge. You can attend this seminar from the comfort and convenience of your office (no airplane/hotel costs) and you won't lose an entire day away from your office. Our seminars also are a great training tool for your entire law firm. As are our other seminars, this seminar series will be presented in 3 phone sessions of 90 minutes each. Each phone session features an hour of analysis, strategy and practice tips by the speakers, followed by 30 minutes of Q & A for the attendees. The deadline to sign up is Wednesday, May 21st. For more info on this phone seminar series, including detailed curriculum, speaker bios, and registration information, please see: For the fax version, please see:


Deadline Is Wednesday, June 25th!

EB1s and NIWs include some of the most covetable and interesting parts of Employment-Based immigration law practice. ILW.COM's new seminar "Creme de la Creme: Extraordinary, Outstanding, Multinational and Exceptional" features an in-depth discussion on EB1s and NIWs, with a segue into L1As. Pravinchandra Patel, the author of "the whole Act," is joined by eminent speakers Gary Endelman, Asher Frankel, Sheela Murthy and Nathan Waxman (more speakers will be announced). Considering the lucrative nature of EB1 practice, learning just one key insight into these cases will be well worth the time and money invested in listening to this 3-part telephone seminar. Don't delay! The deadline to sign up is Wednesday, May 21st. 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

A Nation Of Immigrants
James W. Ziglar addressed the first ever membership meeting of the American Civil Liberties Union. The entire text of the address is reproduced here.

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

BCIS Issues Notice Of Revised Form Related To Proyecto San Pablo Judgment
The Bureau of Citizenship and Immigration Services (BCIS) issued notice of a Freedom of Information Act (FOIA) Request Form to be used by aliens under the Proyecto San Pablo judgment, effective June 24, 2003, to request documents pursuant to FOIA to help in their effort to obtain a new decision on their legalization application.

GAO Report Recommends Coordinated Efforts Between DHS, DOS And DOJ In Improving Visa Revocation Process
The General Accounting Office of Congress issued a report on gaps in the visa revocation process.

GAO Testimony Says There Are Major Gaps In Visa Revocation Process
During testimony before the Subcommittee on National Security, Emerging Threats, and International Relations, Committee on Government Reform, House of Representatives Jess T. Ford, Director International Affairs and Trade said, "The weaknesses [] resulted from the US government's limited policy guidance on the visa revocation process."

EOIR Issues Court Realignment Advisory For Ohio And Kentucky Immigration Court
The Executive Office for Immigration Review of the Department of Justice issued a court realignment advisory, effective July 1, 2003, that administrative control of Immigration Court case files, including Records of Proceedings (ROPs), for Ohio and Kentucky will transfer to new locations.

More Than 27.9 Million I-94 Documented Nonimmigrants Admitted In 2002
The INS released the Temporary Admissions Section (78 pps.) of the 2002 Statistical Yearbook Section which presents information on the number and characteristics of persons who come to the US on a temporary basis (nonimmigrants), with subsections on parolees and H-1B workers.

BALCA Says Request For References And Work Experience Verification Need Not Be Stated On ETA Form
In the Matter of Jose's Front End Alignment, No. 2002-INA-85 (BALCA, Jun. 16, 2003), the Board of Alien Labor Certification Applications (BALCA) vacated the certifying officer's denial of labor certification and remanded the matter for further consideration and findings. The BALCA said that "the request that workers provide references and verification of work experience is implicit in the recruitment process and need not be stated on the ETA form."

Diversity Visa Lottery 2004 Results Announced
The Department of State announced the results of its 2004 diversity visa lottery, including a statistical breakdown by foreign-state chargeability of those registered for the DV-2004 program.

New Mexico Govenor Richardson Predicts Immigration Agreement Signed By 2004
The San Francisco Chronicle reports "Democratic Party heavyweight and New Mexico Gov. Bill Richardson called for an immigration accord with Mexico Monday and urged border states to recognize identity cards issued by Mexican consulates for undocumented migrants."

Bill To Prevent Unauthorized Practice Of Immigration Law Dies In NY State Senate
Newsday of Hempstead, NY reports "The proposed law would require that immigrant assistance organizations that charge for their services to provide written contracts to clients and allow them a three day grace period to cancel the agreements. The organizations must also post signs, if applicable, saying they are not engaged in the practice of law and can't give legal advice."

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Letters to the Editor

Dear Editor:
I have a question for any of those out there who have had similar experiences. In the process of a I-751 (removal of conditional status of permanent residence based on marriage to USC), when a petition has been approved by the national service center (NSC) (I-751 petition) and a letter is sent to the petitioner (IR1) for follow-up with the District office (not for interview) for renewal of I-551 (initial permanent resident card-not 10 yr. issue) and the person follows up and gets fingerprints taken and application for renewal is sent to NSC (fee included in I-751) and the waiting period for the I-551 is 15-22 months for processing, can the person file for N-400 (citizenship) while I-551 renewal (from I-751) is pending? I asked BCIS this question when the application for renewal I-551 was made and they stated that "no" NSC will not process a N-400 while I-551 renewal is pending (even though person is eligible to apply for citizenship at the end of this month). Is there a way to bypass 15-22 month processing time (especially since this is final processing of a I-751 - not regular I-130) Also what does a person do if the employer will not accept the stamp in the passport which states "employment authorized" along with pending I-551? Isn't this document discrimination? Is this a DOJ or DOL issue?

Name Withheld Upon Request

Dear Editor:
The abused H-1B visa will get reduced to 65,000 on October 1, 2003. The misused L-1 visa should be eliminated except under the strictest standards. Tighter border control, no 245(i) amnesties and a proposed elimination of the Visa Lottery are making this great country a great place to live again.

I was planning on going to Mexico this summer to enjoy the different culture, food and the people but because of illegal immigration and 245(i) amnesties I'm instead going to Southern California. Same thing.


Dear Editor:
In today's Immigration Daily issue, I saw the following news item: "(e) Rep. Kennedy Congratulates Award-Winning Essays On Immigration". It is Senator Kennedy- not Rep Kennedy (yes, there is a Rep Kennedy- but he is from RI, not MA).

Johnson Myalil

Editor's Note: Thank you for catching our proofing error.

Dear Editor:
This week I have received much shorter information on immigration news for the issue dates June 16,17,19,23. Have you changed the frequency with which you issue Immigration Daily, and the extent of the contents? I use them to help at a Welcome Center which assists immigrants.

Elizabeth Schaefer

Editor's Note: Please see Editor's comments for our June 20, 2003 Immigration Daily issue.

Dear Editor:
I have looked hard and long at the evolving state of the entity called America. Sometimes I shake my head at the thoughts and actions of many people both within and outside the Government. One of them a somewhat rabid politician call Rep. Tancredo who seeks cheap popularity and re-election by taking pot shots at immigrants. Others include the current Attorney General and other Government agents. Please note that the immigrants (documented and undocumented, there is a very thin line these days) have not caused any negative impact in the country. This country has always needed immigrants far back as I know it. When I arrived in this country, I felt relatively welcome and grateful for the opportunity. Now I feel so unwelcome in the general mood in the country. Immigrants are often associated with terrorists, blamed for everything and I just feel the mood is to get rid of as many immigrants as possible. Look at the song and dance immigrants have to go through to become a permanent resident. The current labor certification I am informed has no meaningful chance of success. Even all other registrations like Third Country National registering has become significantly tighter. That's ok. This is a country where civil liberties were going to be preserved no matter what. What goes around comes around. When the hard right wingers are done with immigrants, they will turn to citizens. I used to live under a dictator where you have more sense than to speak your mind over the phone. Now, every immigrant is scared to talking over the phone and discussing politics or private matters, in case someone is listening. I can live with that. I have decided to leave the country even before my visa expires. I hope when all the dust settles, America will go back to its greatness. Too many people have died to make America great. I can focus better on my future in any other country where I am welcome including my native country instead of having to constantly worry about the future. I am grateful for the opportunity to live and work and acquire top notch skills here in the US. I wish the country all the best.

Name Not Provided

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

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