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Immigration Daily July 23, 2003
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Editor's Comments

DHS - Help Wanted

Former Rep. George W. Gekas is looking for a job. But he can't blame it on the economy. The former Republican chairman of the Subcommittee on Immigration, Border Security, and Claims lost his job when he lost to Democrat Rep. Tim Holden in a redistricting battle. Immigration Daily has learned that Gekas has interviewed with the Department of Homeland Security but has not yet received an offer. It is not clear what kind of position at DHS would interest Mr. Gekas whose voting record was somewhat pro-business immigration but against 245(i) and similiar immigration issues. However, the number of unfilled and "acting" positions at DHS make it less effective an organization than otherwise.


Curriculum For ""I Like To Be An American!": Current Issues In U.S. Naturalization And Nationality Law"

In the Post-9/11 era, whether for reasons of patriotism, assimilation, political activism, avoidance of hassles at the ports of entry, a desire to sit on a high-profile Hollywood jury, or the wish to eliminate any future exposure to grounds for detention or removal, many clients today are seeking to gain the benefits of U.S. citizenship. Others are concerned about the implications of dual nationality as a snare for NSEERS enforcement, or about activities that will cause a loss of citizenship. Still others want to shed U.S. nationality and return to the home country or claim status as a U.S. national as a defense to deportation. This new teleconference series will feature a panel of nationally renowned experts who will comprehensively address naturalization, citizenship and nationality law issues in detail.

FIRST Phone Session on July 30 and SECOND Phone Session on August 14:


  • Proving the Basic Requirements:
  • Does Your Client Satisfy the Physical Presence Requirements?
    • Can You Distinguish Preservation of Residence for Purposes of:
      • Retention of Lawful Permanent Resident Status?
      • Eligibility for Naturalization?
      • Income and Estate Taxation?
    • Does Your Client Qualify for Preservation of Residence for Naturalization Purposes (Form I-470)?
    • Do You Know How to Deal with the Special Problems of Permanent Resident Commuters?
  • Is Your Client's Moral Character Good Enough?
    • Addressing Issues of Criminal History;
    • Resolving a Failure to Register for Selective Service;
    • Dealing with a Client's Failure to Acknowledge All Material Facts on the N-4000 or a Misrepresentation Before or During the Naturalization Interview.
  • Issues, Tips and Tactics:
    • Overcoming Obstacles to Naturalization:
      • Literacy;
      • Civics and History Exam;
      • Physical or mental infirmity;
      • Language and Health Waivers for Naturalization
      • Claiming exemption from military service on the basis of alienage;
  • When Naturalization Is A Very Bad Idea:
    • Did Client Obtain LPR Status under Questionable Circumstances?
    • Has Client Been Misbehavin' while an LPR?
  • Hurry up and wait: Tips, Strategies and Best Practices.
    • Standard Versus Expedited Processing;
    • Resolving delays in Adjudication of Naturalization Applications;
    • Informal Administrative Action;
    • Tell it to the Judge: Mandamus and INA 336(b) Actions;
  • Dealing with a Denial of Naturalization: Evaluating the options.
    • Administrative Appeal;
    • De Novo Judicial Review under INA 310(c).

SECOND Phone Session on August 14 and THIRD Phone Session on September 10:

Nationality and Citizenship Issues

  • How Do I Establish Derivative Citizenship Claims?
  • When Is Citizenship Acquired by Birth Abroad ?
  • Is My Client Covered under the Child Citizenship Act of 2000?
  • What Tax Issues Arise in the Acquisition or Renunciation of Citizenship?
  • Is My Client an "Accidental" Citizen?
  • Is BCBP enforcing the Ground of Exclusion for Expatriation to Avoid U.S. Taxation?
  • How Do I Develop Evidence to Support a Claim to Citizenship?
  • Should I Apply for a Passport or for Certificate of Citizenship?

Nationality Issues

  • What is the U.S. and International Law of Nationality?;
  • How Do Recent Cases Define the Term U.S. "National"?
  • Are there Exceptions to the Dual Nationality Rules for NSEERS Purposes?
  • When Does a Person Lose U.S. Nationality?
    • Voluntary Renunciation
    • Committing an Expatriating Act
  • How Do I Defend a Claimed Loss of Nationality or Denaturalization Proceeding?

The deadline to register is July 28th. For more info, including detailed curriculum, speaker bios, and registration information, please see: For the fax version, please see:

Featured Article

Does Your Business Have a Web Presence?
Michael Shambaugh writes "Many people talk about creating a web site. I, instead, prefer to call it a web presence."

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 Seeks Comments
The Bureau of Citizenship and Immigration Services (BCIS) sought comments on petition for nonimmigrant worker, form I-129.

BALCA Grants Motion To Withdraw
In the Matter of C. Nyhan Landscape, No. 2003-INA-140 (BALCA, Jul. 14, 2003), the Board of Alien Labor Certification Appeals granted Alien's motion to withdraw the appeal because the Employer no longer needed his skills.

DOS Responds To Mexico Immigration Accord Question
During a press briefing, Department of State spokesman Reeker responded to a question on the progress of negotiations with Mexico on the immigration accord.

Employment Concerns Do Not Amount To Well-Founded Fear Of Persecution
In Kharkhan v. Ashcroft, No. 02-2177 (7th Cir. Jul. 18, 2003), the amended its original opinion dated Jul. 16, 2003 where it said that "her concerns that removal to the Urkraine would limit her employment prospects and expose her to the dangers of an uncontrolled criminal element, however justified as reasons for desiring to remain here, do not amount to a well-founded fear of persecution on the basis of any of the protected grounds."

Circuit Has Jurisdiction To Hear Petitions For Direct Review Of Reinstatement Orders
In Hernandez v. Ashcroft, No. 02-9513 (10th Cir. Jul. 21, 2003), the court noted that the INS adjudicated and rejected Petitioner's 245(i) application before it reinstated his removal order and said that it had jurisdiction to hear petitions for direct review of reinstatement orders under 8 USC 1252.

Samaritan Couple Devote Themselves To Helping Undocumented Immigrants
The Houston Chronicle reports "Unlike many other social services, however, those who come to Casa Juan Diego for help don't have to show identification or prove citizenship status. Mark Zwick jokes that, "To get our help, you have to prove that you're illegal."."

IG Investigates Alleged Patriot Act Abuse Violations
The Wichita Eagle of Kansas reports "Justice Department investigators found that 34 claims were credible of more than 1,000 civil rights and civil liberties complaints stemming from anti-terrorism efforts, including allegations of intimidation and false arrest."

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:


Help Wanted: Experienced Immigration Law Attorney
Founded in 1952, Greenebaum Doll & McDonald PLLC (GDM), a regional law firm with 170+ attorneys in 7 offices in the South Central region seeks an experienced immigration associate for its corporate/commercial practice group, for its Louisville or Lexington, Kentucky office. Candidates should have excellent academic credentials, strong writing skills and 5+ years of immigration experience, including outbound and inbound business immigration experience. GDM offers a competitive compensation package consisting of salary + bonus. GDM also offers attractive benefits and an extensive Associate Training Program. Our ideal candidate has a strong desire to work independently as part of a cohesive practice group and to handle client work for top-tier private, public and Fortune 500 companies. Please email/mail cover letter + resume to: or Kim Spurlock, Human Resources and Recruiting Manager, Greenebaum Doll & McDonald PLLC. 3300 National City Tower, 101 South Fifth Street, Louisville, Kentucky 40202.

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: 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, or send AETS an email:

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:
The Lutheran Immigration and Refugee Service issued the following press release.

The Good Samaritan Fund grants committee-consisting of representatives from Lutheran Immigration and Refugee Service (LIRS), Baltimore, and Wheat Ridge Ministries, Itasca, Ill.-announces $99,200 in grants to 26 Lutheran congregations in 21 states for 2003. Twenty-six churches will receive an average of $3,800 in grants for such things as computer literacy classes, English as a second language (ESL) instruction, childcare for parents taking ESL classes, art classes, food bank development and newcomer acculturation. A total of 39 congregations of the Lutheran Church-Missouri Synod (LCMS) and the Evangelical Lutheran Church in America (ELCA) applied for Good Samaritan Fund grants this cycle. "LIRS and Wheat Ridge have a special privilege in partnering with local Lutheran congregations to serve and welcome the stranger in ways unique to their communities. We consider it a special blessing to support local ministries that identify needs and develop programs to address them," said LIRS President Ralston H. Deffenbaugh Jr. The Good Samaritan Fund offers seed grants to congregations developing new services to immigrants, asylum seekers, or refugees. Congregations must contribute at least 25 percent of the project cost, either through cash or in-kind support. Funding priority is given to projects that demonstrate at least one of the following services to immigrant communities: social or legal services; joint projects between community members and new residents; and leadership development within the ethnic groups served. Congregations of LIRS's three sponsoring church bodies-the ELCA, the LCMS and the Latvian Evangelical Lutheran Church in America-are eligible for Good Samaritan Fund grants. Grants are not available to individuals or church agencies, nor are they made to support refugee reception and placement activities, other refugee resettlement programs, or projects of evangelism. "It is very exciting to know that so many Lutheran congregations are reaching out with health and hope to people who are new arrivals to their community," stated Richard Herman, vice president of Wheat Ridge Ministries. "Wheat Ridge is proud to be a sponsor of the Good Samaritan Grant program and to partner in this effort with Lutheran Immigration and Refugee Service." Lutheran congregations that wish to be considered for a Good Samaritan Fund grant should visit or for information about the application process. Official 2004 application forms will be available online in the fall. For more information, contact Denise Peterson at 701/298-0288.

Meg Arenberg
Lutheran Immigration and Refugee Service

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Editorial Advisory Board
Marc Ellis, Gary Endelman

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