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Immigration Daily July 25, 2003
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Editor's Comments

Registration Deadline Is Monday, July 28th

The speaker panel for our new seminar has been expanded, Edward Betancourt of the Department of State will be joining a distinguished group of attorneys - Angelo Paparelli, Carmen DiPlacido, Mark Mancini, Robert Mautino, Joel Paget and Stephen Trow for ""I Like To Be An American!": Current Issues In U.S. Naturalization And Nationality Law". The registration deadline is Monday, July 28th. For more info, including detailed curriculum, speaker bios, and registration information, please see: For the fax version, please see:


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

Chile and Singaporean Free Trade Act: An H-1B Cap That Makes Sense
Gary Endelman writes "If we make it harder for H-1B beneficiaries to come, but easier for them to stay, then, at long last, America will have an H-1B cap that makes sense."

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

Information On DOJ's Program For Law Interns
The Executive Office for Immigration Review of the Department of Justice provides information on available internship positions at the Office of the Chief Immigration Judge.

BCIS Letter Provides Guidance On Degree Equivalence
A letter from Efren Hernandez of the BCIS says that completion of a three-year university course of study resulting in a bachelor's degree, followed by the completion of a PONSI-recognized post-graduate diploma program may be deemed to be the equivalent of a four-year US bachelor degree. This letter was in response to an inquiry from Bryan Cave LLP. (courtesy of Naomi Schorr, Esq.).

Secretary Ridge Says $400M US VISIT Program Underway By Year's End
Secretary Ridge during remarks to the Commonwealth Club of Califonia said, "Our $400 million US VISIT system will be underway at select locations by the end of the year. US VISIT is essentially a "virtual border" that will use biometrics to confirm the identity and status of all travelers, both to and from the US."

BALCA Says Background Clearance Requirement Was Intended To Discourage US Applicants, Dismisses Employer's Argument As Disingenuous
In the Matter of Emily's Home 1, No. 2003-INA-110 (BALCA, Jul. 9, 2003), the Board of Alien Labor Certification Appeals said that the background clearance requirement from the California Department of Justice was an unduly restrictive requirement, and was intended to discourage US applicants, and constituted bad faith recruitment. The BALCA dismissed Employer's argument as disingenuous following an analysis of the California Health and Safety Code submitted by Employer in support of its business necessity argument.

Washington Offense Of First Degree Unlawful Possession Of A Weapon Is An Aggravated Felony
In US v. Mendoza-Reyes, No. 02-30208 (9th Cir. Jul. 24, 2003), the court amended its original opinion dated Jun. 17, 2003 where it said that "because both the state statute and its federal counterpart addressed possession of a firearm by a person convicted of a crime punishable by a term of imprisonment exceeding one year, Defendant's conviction for violating Revised Code of Washington section 9.41.040(1)(1) qualified as an aggravated felony under 8 USC 1101(a)(43)(E)(ii)."

BIA's Decision Supported By Substantial Evidence
In Bejarano v. Ashcroft, No. 02-60679 (5th Cir. Jul. 24, 2003), the court said that the Board of Immigration Appeals (BIA) decision was supported by substantial evidence and that the evidence in the record did not compel a contrary conclusion.

Habeas Review Available For CAT Claims
In Fort v. Ashcroft, No. 02-2451 (1st Cir. Jul. 24, 2003), the court amended its original opinion dated May 9, 2003 where it said in finding the "existence of habeas review for claims arising under the implementing legislation and regulations of the Convention Against Torture (CAT), we are able once again to avoid the pitfalls of a construction of the statute that would entirely preclude judicial review, giving rise to substantial constitutional questions."

No Abuse Of Discretion
In Orellana-Portillo v. Ashcroft, No. 02-2315 (4th Cir. Jul. 23, 2003), the court said that the Board of Immigration Appeals (BIA) did not abuse its discretion in denying Petitioner's motion to reopen.

Golden Venture Refugees Seek Amnesty
The Atlanta Journal-Constitution reports "Nearly 40 Chinese refugees who fled their homeland 10 years ago aboard the Golden Venture freighter will not be deported while they seek amnesty from Congress, a federal immigration official said Wednesday. "

Acting BICE Director Supports Local Law Enforcement Of Immigration Laws
The Charleston Gazette of West Virigina reports "A high-ranking immigration official in the Homeland Security Department said Wednesday he supports more involvement by local law enforcement in immigration investigations and arrests."

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Help Wanted: Senior Paralegal/Client Service Manager
Fragomen, Del Rey, Bernsen & Loewy (FDBL) seeks to hire an experienced paralegal/client service manager for its Washington D.C. office. FDBL offers a dual role encompassing a wide range of skills in a fast-paced setting for the right candidate. Our ideal candidate possesses excellent interpersonal skills, can serve as a team resource, and will have the benefit of attorney supervision and guidance. Responsibilities include: Managing a team of 4 legal/admin staff; Monitoring a large NIV volume caseload; Supervising casework to ensure consistent quality and timely completion; Liaising with corporate clients regarding case processing; Delegating client requests to appropriate staff; Reviewing petitions prepared by legal staff or client for attorney review; Preparing responses to multiple complex requests for evidence; Prepare petitions as necessary; Running reports for team and client; Monitoring and preparing billing reports; Training new staff as necessary. FDBL offers a comprehensive compensation package. Fax your resume + cover letter to Allison Bettridge, Office Manager at 202-371-2898. For additional information, please contact Ms. Bettridge at: 202-223-5515. FDBL is an equal opportunity employer.

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.

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Letters to the Editor

Dear Editor:
Dr. Baer's letter has an overly optimistic view of the importance of Hispanics in the next election or indeed, in many to come. Though Hispanics are the largest "minority", he (and many politicians) ignore the fact that a large number are either here illegally (and hence not legally able to vote) or too young to vote. Or maybe that's precisely why politicians are so hot to "legalize" the illegal, contrary to the wishes of the public in general. Furthermore, Dr. Baer's letter (and politicians) appear to assume that "Hispanics" are monolithic, and can be influenced to vote in one direction just because they're "Hispanic", an assumption fostered by "ethnic advocacy" groups such as La Raza. Would Dr. Baer presume that "Anglos" will vote for a certain party because they're "Anglo"? I doubt it. But I can assure him that my Hispanic niece who's married to an Anglo businessman will vote solidly Republican, and not because she's responding to appeals to her "Hispanicness", but because it's in her perceived financial interest to do so. Finally, Dr. Baer's letter reads too much into the prevalence of "Spanish". I've seen bilingual directions in a number of language, including Spanish, Chinese, French, and Arabic, depending on where the product was produced. It's part of the trend to globalization, not to Spanish-speaking immigrants in particular. Nothing like being able to sell the same product in a number of countries, without the trouble and expense of changing the packaging. "Hispanics" are certainly a niche market for many companies, but then, so are Asians and African-Americans, and so are many other groups which are not based on ethnicity or race and so are not as visible.

Ali Alexander

Dear Editor:
This is in response to Mike's letter to the Editor. As a Mexican, Mike, you have to remember that "bad apples" are everywhere. Your letter has no dignity in remarking that Mexicans are only bad. You forget the other side of the Mexicans. For example: Cesar Chavez, Mex-Amer, Juana Ines de la Cruz, Miguel Hidalgo, and all the heroes from the Mexico I know and from which I am extremely proud. Bad people are all over. But, let's not err and single out Mexicans.

Proud Mexican Maria.

Dear Editor:
In discussing the issue of the intrusion of the Spanish language into America, Richard Baer's letter correctly predicts that Spanish is rapidly becoming America's second language. But here in California, where for decades the voting ballots have been bi-lingual English/Spanish, the "language of business and commerce" has become not bi-lingual, but multi-lingual, with skills in Asian languages becoming increasingly more important to the international business practitioner. It seems apparent that speaking Spanish will no doubt someday be a necessity for local living, social and political interaction, and so as not feel alien on one's birth land, but not necessarily for business, which is, and I predict will continue to be conducted large-scale around the world in English - unless Islam prevails over the infidels. I agree that it is in the best interest of Latinos who live in the USA to speak English, but I do not understand exactly what Dr. Baer means, "Latinos are learning English at a fast pace." While that may be true in certain instances and in some places, it is not necessarily so where I live, just about smack in the middle of one of the largest illegal-alien neighborhoods in Orange County, California, the El Modena area of the City of Orange. And quite a nice place to live, I might add. Every morning I drive out of my driveway, past small, neatly kept houses that provide living space for to up to four or five Spanish speaking families, with five to ten cars parked in front on the street, crammed side-by-side in the driveway, or on the lawn. I drive six blocks to the main thoroughfare that leads to the freeway a mile and one-half away and before I reach the freeway, I see between 100 to 200 illegal alien men standing on the street corners or in strip-center parking lots, or near the corner donut shop, seeking work as day-laborers. I see many illegal alien women walking to the supermarket, with four kids in tow, each a head taller than the next, one in a baby buggy and one in their belly, walking with a friend who has in tow exactly the same entourage, a similar baby buggy and in the same condition of expectant motherhood. These people live in a world, right here in Southern California, where they do not need to speak English to lead a normal and fulfilling life, because the entire neighborhood speaks Spanish and the word "birth control" does not of necessity translate, because they do not have to pay one thin dime to deliver a baby at one of the finest of Orange County's hospitals, the same hospital that would cost my daughter, or her health care provider if she is lucky enough to be able to afford one, close to eight thousand dollars for the same service. For the past eleven years, my wife has been the fundraising chairperson of a free medical clinic in the City of Orange, that in conjunction with a cooperating local hospital, provides full-service quality health care for the "poorest of the poor" - translated into plain English in this neighborhood, this means illegal aliens, the greater majority of whom do not speak English, and who will never learn English, they don't have to because they live in a tight little community of Spanish speakers where even the clinic staff and some volunteer doctors, speak Spanish, their foremen on the construction crew and their supervisors in the factories, likewise. For over twenty-five years, more than 6,000 patients a year have taken advantage of the free medical and dental services provided at this small clinic, while the clinic begs the government, United Way and the general public for grants and donations to keep their non-profit organization going - another "carrot" on America's stick. There is no disputing that Hispanics will soon comprise the majority, at least in the American South West, and particularly in California, the gateway to the American Dream. But let us hope that those immigrating will enter the US legally and that they will respect and abide by and take advantage of all of the laws of this great country - the laws that protect, as well has the laws that prohibit. These immigrants will bring with them their language and their rich culture, as immigrants from around the world have for centuries. However, because of the cultural mix of this area, they and their prodigy are likely to remain either Spanish-only or bi-lingual, while non-Latinos will continue to remain uni-lingual and in the end, disadvantaged thereby in this largely Latino community. I predict that when the majority in the American South West becomes Hispanic, over a period of time the tables will turn and non-Latinos and non-Spanish speakers will be relegated to second-class citizenship in a ratio directly proportional to the population mix, and language will be a decisive factor of alienation. This means that politicians will not only need to, as Dr. Baer claims, "heed the concerns of the Hispanic-American", they will become them, speaking Spanish to their constituents, or at very least adding ethnically linguistic tag-lines to political speeches, to the cultural and linguistic exclusion of English-only speakers regardless of their race or ethnicity. I suggest that in California, and perhaps all along the Southern border, non-Latino Americans will soon need to learn Spanish "at a fast pace", or in the future they will find themselves semi-disenfranchised in their own country. And unlike other countries of the world, and notwithstanding Dr. Baer's assertion to the contrary, the US has no "official language", it simply has a language commonly used by the majority, as a custom and practice. I challenge anyone to provide evidence to the contrary by citing any U.S. law, statute or regulation, presidential proclamation or otherwise, designating English, or any other language, as the "official language of the good old U.S.of A.

David D. Murray, Esq.
Newport Beach, CA

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Marc Ellis, Gary Endelman

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