|
Editor's Comments
Many Items
Today's issue covers a number of items of interest: A BALCA case features
the inimitable DOL conclusion that an applicant's spouse is a third party,
BCIS announced that TPS has been extended for Montserrat, DHS launched a
week-long celebration of citizenship featuring many naturalization
ceremonies, and EOIR released new local operating procedures for two
immigration courts. There is much else including an article on recent memos
on the Child Status Protection Act, five cases from the circuit courts, two
classifeds, and much more. To find the item(s) of interest to you, please
scroll below, and click on the link(s) to access the original document(s).
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
A Critical Look At BCIS'/DOS' Interpretations Of The CSPA: Part 1 of 2
Alan Lee, Esq. examines eligibility under section 204 of the Immigration & Nationality Act for the benefits of the Child Status Protection Act in light of recent interpretations by the BCIS and the DOS.
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
USSC Seeks Comments
The US Sentencing Commission sought comments on possible priority policy issues for the amendment cycle ending May 1, 2004, including immigration related provisions.
DOS Seeks Comments
The Office of Visa Services of the Department of State sought comments for Form DS-1884, petition to classify special immigrant under INA 203(b)(4) as an employee or former employee of the US Government abroad and provided a 60-day notice.
Monserrat Designation Under TPS Extended
The Bureau of Citizenship and Immigration Services (BCIS) annonced the extension of the designation of Montserrat for Temporary Protected Status effective August 27, 2003 thru August 27,2004. The 60-day re-registration period begins July 1, 2003, and will remain in effect until September 2, 2003.
Pardon Waives Only Grounds Of Removal Specifically Set Forth, No Implicit Waivers
In re Suh, 23 I&N Dec. 626 (BIA, July 1, 2003), the Board of Immigration Appeals said that "the Defendant's pardon did not waive his removability as an alien convicted of a crime of domestic violence or child abuse under section 237(a)(E)(i) of the INA, because that section was not specifically included in section 237(a)(2)(A)(v)."
BICE Says Accused Human Smuggler And Financier Extradited To US
The Bureau of Immigration and Customs Enforcement (BICE) announced today that an accused human smuggler and financier had been extradited from Hong Kong to the US. "It may have taken ten years to get Cheng into a US court for smuggling thousands of Chinese migrants but that only demonstrates BICE's resolve to identify, investigate, locate and bring to prosecution those who traffick in human beings," said Michael J. Garcia, Acting Assistant Secretary for BICE.
9,500 New Americans To Be Inducted At 50 Naturalization Ceremonies Nationwide, Kicks Off Weeklong Citizenship Celebration
The Department of Homeland Security issued a press release launching a weeklong celebration of the Nation's independence that highlights the importance of legal immigration and citizenship. Secretary Ridge said, "Welcoming new citizens to the US is one of the most important things that we do as a nation. Immigrants invigorate our national spirit and reinforce the ideals and principles that are the foundation of our great nation."
New Local Operating Procedures For Buffalo And Batavia Immigration Courts
The Executive Office for Immigration Review of the Department of Justice released new local operating procedures for the Immigration Courts in Buffalo and Batavia, New York.
BALCA Says Applicant's Spouse Is Third Party
In the Matter of Emmanuel Health Care Center, No. 2002-INA-135 (BALCA, Jun. 30, 2003), the Board of Alien Labor Certification Appeals decided a case involving a nurse and said that "third party communication such as leaving a telephonic message with an applicant's spouse is insufficient to establish that the applicant is not interested in the job, unless the employer proves that it made contact with the applicant."
Judicial Review Can Survive 8 USC 1252(a)(2)(C)
In Alvarez-Santos v. INS, No. 01-71478 (9th Cir. Jun. 20, 2003), the court said that 8 USC 1252(a)(2)(C) precludes judicial review only when an alien is actually determined to be removable and ordered removed on the basis of a covered criminal act.
BIA Errs In Providing Minimal Analysis On DRC (Zaire) Petitioner's CAT Claim
In Zubeda v. Ashcroft, No. 02-2868 (3rd Cir. Jun. 23, 2003), the court said that the Board of Immigration Appeals (BIA) erred in providing only a minimal analysis of Petitioner's claim.
Entire Criminal History Can Be Considered For Sentencing
In US v. Corona-Arreola, No. 02-4196 (10th Cir. Jun. 23, 2003), the court said that "it was proper for a sentencing court to consider a Defendant's entire criminal history in determining whether the enhancement was applicable."
No Jurisdiction To Review Removal Proceeding After Removal
In Patel v. Attorney General, No. 02-12662 (11th Cir. Jun. 27, 2003), the court dismissed a petition for review to reopen a removal proceeding filed after the removal order had been executed for lack of jurisdiction and said that "there could be no doubt that the removal order [which had been executed] was an order which Congress intended to shield from judicial review."
10th Circuit Reverses Based On Demore v. Kim
In Sosa v. Greene, No. 00-1339 (10th Cir. Jun. 20, 2003), the court reversed the district court's rulings that 8 USC 1226(c) was unconstitutional as violative of both substantive and procedural due process in light of the Supreme Court's holding in Demore v. Kim.
BICE Says Misunderstanding Regarding War On Terrorism Hero's Immigration Problem
The Contra Costa Times of San Mateo, California reports Kwame James, a basketball player, traveled the world in search of games. "What's not typical is how he got tangled up in immigration red tape, especially since he happened to be a hero in the war on terrorism."
Secretary Ridge Says Talks With Mexico On Migration Pact Could Restart Soon
The New York Times reports "The Department of Homeland Security head Tom Ridge said Monday Mexico's collaboration with Washington on drugs, terrorism and other issues could pave the way for talks on a migration pact to re-start soon."
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
Credential Evaluation And Translation Service
American Evaluation and Translation Service, Inc. (AETS) is the industry
leader in foreign credential evaluations and translations. AETS provides
the most competitive rates in the industry - $50 educational evaluations and $200 work experience evaluations completed by
PhD university professors, who have the authority to grant college level
credit for work experience and/or training. AETS offers a variety of turn-around times, including
same-day educational and work experience evaluations. For a complete list
of their prices and turn-around times, please see: http://aetsinternational.com/applicationforevaluationservices.pdf.
Additionally, AETS provides expert translations in over 75 languages, with
translators that are specialists in over 80 fields. For a copy of the application for credential evaluation and translation services, please contact AETS at (786) 276-8190, visit the website at http://www.aetsinternational.com, or send AETS an email:
info@aetsinternational.com.
Help Wanted: Experienced Immigration Legal Assistant
Are you looking for a pleasant working environment that is free of
interoffice politics and large firm bureaucracy? A small, friendly
law office based in St. Louis, MO has an opening for a legal assistant
proficient in: H1B assembly, J-1 visa waivers, EAD, AP, and
AOS cases. Our ideal candidate is a self-starter, enjoys working
independently and is a multi-tasking guru. Managing and tracking case
progress is a must. The right person will have the opportunity to
work closely with the attorney and be involved in many aspects of the
law firm practice. Proficiency with MS Word, Outlook is required.
Web-based case management familiarity is a plus. We offer a flexible
work schedule and competitive salary. Relocation package also available to right candidate. Please send your resume + salary
requirements to: jobapplicants@bcisatty.com.
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 thank Justin for his comments and the questions he raised, which I will now address. The point made by Mr. Devaronkonda in the quote I cited concerned the
green card process, not the H-1B visa directly. Note that that was my
point as well, i.e. that the de facto indentured servant nature of the
visa, at least for those who are being sponsored by their employers for
green cards, stems from de facto immobility (even in terms of
promotions) of the H-1B during the multi-year green card process.
Concerning Justin's letter wondering why so much of the H-1B debate focuses on
IT workers, the INS data show that more than half of H-1Bs are in that
field. Moreover, that field has been the growth area for H-1Bs in
recent years, and the IT industry has dominated the lobbying of Congress
to expand the H-1B program. However, that doesn't mean that abuse is
limited to that field, and I would particularly object to Justin's claim
of a shortage of bilingual workers. There are plenty of naturalized
citizens and LPRs with bilingual skills who would love to get many of
the non-IT jobs now going to H-1Bs, again due to the exploitability of
the latter.
Continuing his earlier objection to the description of the H-1Bs as de
facto indentured servants, Justin's letter counters that it is simply a
"voluntary undertaking on both sides." But that was also true of the
original (de jure) indentured servants of the 18th century. And again,
whatever name ones gives it, the bottom line is that the employer has
tremendous leverage over the workers, resulting in wage exploitation and
other types of abuse.
Justin's letter finds it contradictory that I decry the exploitation of the H-1Bs
on the one hand, while on the other hand supporting the employment-based
immigration of "the best and the brightest." His letter states that if the first
of these harms individual citizens of the given H-1B-sending nation, the
second harms that nation as a whole by slowing its technological
development. But first of all, this is certainly not a contradiction in
the legal sense; the law makes it illegal (though unfortunately
commonplace) to underpay an H-1B but the law also encourages the
immigration of top talents through various fast-track provisions. The
governments of the immigrant-sending nations support the outmigration of
their top talents, reasoning that it is actually a long-term investment
for their nation, as the outmigrating stars often later help to
develop their home countries after they have established themselves in
the field in the US. The immigrating stars, for their part, point out
that their home countries simply do not have the infrastructure,
resources and so on to make much use of their talents; a Third World
country cannot afford to do highly expensive "big science."
Norm Matloff
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.
|
