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Immigration Daily July 30, 2003
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Editor's Comments

Immigration Attorney Appointed DHS Ombudsman

Immigration Daily is pleased to note the appointment of Prakash Khatri, an immigration practitioner from Florida, as Citizenship and Immigration Services Ombudsman at DHS. For those seeking immigration services from the government, this is a critical position, and that makes Mr. Khatri's appointment very good news. Here are the duties of this position, according to DHS's reorganization plan.

The Citizenship and Immigration Services Ombudsman will report directly to the Deputy Secretary; and will be responsible for the following:
  • Assisting individuals and employers in resolving problems with the Bureau
  • of Citizenship and Immigration Services;
  • Identifying areas in which individuals and employers have problems in
  • dealing with the Bureau of Citizenship and Immigration Services; and
  • Proposing changes in the administrative practices of the Bureau of
  • Citizenship and Immigration Services to mitigate identified problems.
A brief profile of Mr. Khatri will interest our readers:
  • Over 19 years of legal experience including 5 years experience managing
  • the Immigration Compliance Department at the Walt Disney World Resort in Lake Buena Vista, Florida.
  • Former Chairman of the Immigration Committee of the Orange County Bar
  • Association.
  • Former President, American Immigration Lawyers Association, Central
  • Florida Chapter.
  • Past President of the Asian-Pacific American Heritage Council of Central
  • Florida, Inc.
  • Previously served as Vice President of Association of American Lawyers
  • from the Indian Sub-Continent, Inc.
  • Served on State of Floridas Employment Discrimination Outreach Program.
  • Recipient of Legal Aid Society of Orlando pro-bono service Award in 1997.
  • Managed the Immigration Compliance Department at the Walt Disney World
  • Resort for five years from 1998-2003.
We are excited that the nation will benefit from his services in this position, which is critical to the immigration bar. We are also heartened that the Deputy Secretary of the DHS will have direct access to Mr. Khatri's experience and intimate knowledge of the immigration process. We welcome this appointment, and look to the future with hope.


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Featured Article

DHS Final Credentialing Requirements Rule For Nurses and Certain Health Care Workers
By Frieda Wong & Bernard P. Wolfsdorf write "The new rule will make it even more difficult to obtain nonimmigrant visas for otherwise qualified international health care workers many of whom are already working in the US based on U.S. state licensure or licensure in their home countries."

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

Text Of Bills To Obliterate "L" Visa
Bills were introduced in both the House of Representatives HR 2849 and the Senate S 1452 to obliterate the L visa as we know it (14 pps.).

BICE Announces Indictment Of Arizona Motel Owners For Conspiracy To Harbor Undocumented Aliens
The Bureau of Immigration and Customs Enforcement (BICE) announced that an Arizona family were arrested today in connection with a joint migrant smuggling operation led by agents with the BICE and Bureau of Customs and Border Protection (BCBP).

DHS Announces New Health Care Worker Requirements
The Department of Homeland Security (DHS) announced today that foreign health care workers who seek temporary admission to the US will be required to comply with new certification requirements. For the press release, see this link:,0730-health.pdf. For the FAQs, see this link:,0730-healthfaq.pdf.

BCIS Memo On Expedited Handling Of Special Immigrant Religious Worker Petitions
William Yates, Associate Director for Operations of the BCIS issued a memorandum to BCIS service center directors and regional directors, and the administrative appeals office (AAO) on expedited handling of special immigrant religious worker petitions before the October 1, 2003 sunset.

Immigration Attorney Appointed DHS Citizenship And Immigration Services Ombudsman
DHS Secretary Ridge announced the appointment of Mr. Khatri of Florida to serve as the Citizenship and Immigration Services Ombudsman at the DHS. Mr. Khatri was recently the manager for immigration and visa processing for the Walt Disney World Co.

BICE Announces Steps To Help Comply With SEVIS
The Bureau of Immigration and Customs Enforcement (BICE) today announced that it is taking new steps to help law-abiding foreign students, as well as US educational institutions, comply with the August 1, 2003 filing deadline for the Student Exchange Visitor and Information System (SEVIS).

OALJ Says CO Can Require Labor Service Contractor To Furnish Confirmation Of Contract In H-2A Matter
In the Matter of Servicios Agricolas Mexicanos (SAMCO), No. 2003-TLC-7 (OALJ, Jul. 24, 2003), the Office of Administrative Law Judges said that the Certifying Officer could require Employer, as a labor service contractor, to furnish confirmation of its contract(s) with growers, either by way of written agreement or written confirmation of oral agreement by the grower, in order to assure that bona fide opportunities existed for which the certification was sought. The OALJ also noted that the non-acceptance letter provided the name and contact information and that perhaps an effort at resolving such problems through discussion between the parties couldhave proven advantageous in expediting H-2A applications.

Gabonese CAT Claim Denied
In Ango v. Ashcroft, No. 03-1052 (4th Cir. Jul. 28, 2003), the court said that the Immigration Judge did not err in finding that Petitioner failed to show a "clear probability of persecution" or show that it was "more likely than not" that he would face torture if returned to Gabon.

3rd Circuit Says No Jurisdiction To Review Untimely Asylum Petitions
In Tarrawally v. Ashcroft, No. 02-2951 (3rd Cir. Jul. 29, 2003), the court joined the Eighth, Ninth, Tenth and Eleventh Circuits in holding that it was precluded from reviewing asylum petitions not filed within the one year limitations period and not tolled by extraordinary circumstances under 8 USC 1158(a)(2).

NY Mayor Bloomberg Tries To Reduce Confusion On His Undocumented Immigrants' Policy
The New York Times reports "Mayor Michael R. Bloomberg, conceding that he has failed to get the point across, yesterday tried to reassure immigrants who are living here illegally that he is not interested in handing them over to federal authorities."

Immigrant Alleges NY Cops Violated Immigration Policy
The New York Daily News reports "[New York] police hunting for a murder suspect raided a Bronx house packed with illegal immigrants and threatened to call federal authorities, in violation of a city order, witnesses charged yesterday."

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Help Wanted: Experienced Immigration Paralegal
Experienced immigration paralegal sought for Atlanta office of Baker Donelson Bearman Caldwell & Berkowitz, P.C., a 320 lawyer firm with offices in 9 cities in the southeastern US and Washington, D.C. Work as member of immigration practice group, consisting of 4 lawyers. Use technology as a means to deliver legal service and manage cases with lots of client contact under supervision of experienced, leading immigration attorneys. Ideal candidate employs best practices for client satisfaction. Requires detail oriented, highly organized individual with bachelor's degree and clear verbal and written skills. Foreign language fluency a plus, but not required. Salary dependent on experience. Respond to Blake Chisam, Esq. at with your cover letter + resume.

Help Wanted: Experienced Immigration Law Attorney
Are you passionate about helping others? Do you find solving complicated puzzles satisfying? Are you an expert in Immigration Law? If yes, Microsoft has an opportunity for you in its Redmond, Washington corporate headquarters. Exercise your extensive immigration knowledge, and help others secure legal work authorization in the US. You will work on a full range of nonimmigrant business visas, labor certifications, and other business related immigration matters. Leverage your strong organizational skills to manage a high volume of cases. Apply your excellent writing and communication skills to achieve successful results. Requirements: 6+ years of high volume immigration experience. BA/BS and JD required. Experience managing legal staff and proficiency with Microsoft technology a plus. Microsoft offers a competitive salary, excellent benefits and casual workplace environment. Please submit your cover letter + resume in Word format to: Please indicate job code N145-57518 in the subject line. Microsoft is an equal opportunity employer and supports workforce diversity.

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.

We carry advertisements for Help Wanted: Attorney, Help Wanted: Paralegal, Help Wanted: Other, Positions Sought, Products & Services Offered, etc.
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Letters to the Editor

Dear Editor:
I read with amusement the article in the Moscow Times Russian Foreign Ministry Seeks Explanation For New US Visa Rules concerning the apparent outrage of Russian Foreign Ministry spokesman, Alexander Yakovenko at the U.S. State Department announcing a new U.S. visa policy that requires personal interviews for the issuance of non-immigrant visas. They further note Mr.Yakovenko's amazement that 25 percent of Russian non-immigrant visas are rejected. Is it any wonder? In a country where a university-educated person working in a bank earns US$60 or $100 a month, it is no wonder visa fraud is rampant and young Russian girls are lining up at dating services in Moscow and St. Petersburg for the chance to get a date with an American who is looking for a "bride". Perhaps somebody should tell Mr. Yakovenko that the recently implemented visa interview system is world-wide, and that Russia has not been singled out for disparate treatment, so he need not feel slighted for not having been "consulted". The word has been widely disseminated as to the new State Department Policy and immigration lawyers in the US have been warning their international clients for the past couple of months to expect substantial delays due to the new policies at Consulates around the world. Perhaps Mr. Yakovenko should remember that the cold war is over (or is it?) and that before expressing outrage, he would be well advised to read the Moscow Times regularly in order to help him keep abreast of the latest developments in international news, since the visa policy was published there a month before he made his embarrassing statement. Then, as Mr. Yakovenko requests, perhaps the next time the U.S. State Department makes a command decision that affects the homeland security of the United States, they just may consult with Mr. Yakovenko before making the final decision to implement. My tongue is still in my cheek and I have suffered no Confucian ill effects.

David D. Murray, Esq.
Newport Beach, California

Dear Editor:
In response to Mr. David D. Murray, Esq.'s letter about the English language of this country is not "official". You see, one does not need to cite any laws, regulations about which language is official. You may as well speak your native tongue in your own home but when you walk outside there must be a single common language to communicate with ALL of your fellow citizens/countrymen. As far as I'm concern, English has been spoken in this country by a far wider margin of people than Spanish or Italian or Chinese, then you better be able to speak English if you want to get anywhere ahead. So if Mr. Murray doesn't like the idea of English as the "official" language of this country, then he can pack up and move to Tijuana. Comprende amigo?

Charles W.
Las Vegas, NV

Dear Editor:
Wasn't the challenge to cite "any laws" within the US? If so, that would include local, state and federal statutory laws, regulations, or Constitutional amendments or provisions. There are at least some passed state laws as such. Please refer to research lists, such as cites found: i.e. website (e.g., Iowa as the 27th State to Enact Official English Legislation). Fed. Legislation introducted this year: H.R. 997 The English Language Unity Act of 2003. The same writer of letters to the Editor in another letter, on another occasion, challenged the existence of the "Queen's English," (when the Queen Rules), and rather than be either open minded and/or spend a minute doing research, he stated that because he knew only of the King's English, so "he must be right." There's a difference of opinion, and of facts. That was fact. As a lawyer, one would only hope we are open-minded to debate on all of the possibilities, where and also to proof. "Right and Wrong" can become gray, not just black and white when it comes to the law.

E.S., Esq.

Dear Editor:
Although the English language may not have yet been officially declared as our national language, it should be and twenty-seven states have already made English their official language and polls show over eighty percent of Americans support similar legislation on a federal level. That has been introduced by Rep. Steve King (R-IA) as the English Language Unity Act of 2003. While certain common sense exceptions are included, H.R. 997 would require that all laws, public proceedings, regulations, publications, orders, actions, programs and policies are conducted in the English language. Further information can be viewed at:

R. L. Ranger

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Editorial Advisory Board
Marc Ellis, Gary Endelman

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