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Immigration Daily

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Immigration Daily July 31, 2003
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Editor's Comments

Immigration Daily Picks

Today's issue of Immigration Daily issue has many items of interest. Sen. McCain, Rep. Kolbe, and Rep. Flake have introduced bold and sweeping immigration bills which confront the undocumented problem on a practical basis, unlike much recent bills that we've reported. A BALCA decision possible only in DOL's fantasy world features a CO not only determining what was wrong with the Employer's application but also determining the only possible way that the Employer could rebut the CO. We also feature an article of the day, 3 cases, 4 classified ads, and 2 Letters to the Editor. Scroll down to find the items that interest you.


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Featured Article

What is a Business Plan? An Immigration Attorney's Primer on Business Plan Development
Robert N. Reincke, MBA writes "Why exactly is a business plan important, and even more importantly, how can it be truly useful to an immigration attorney or alien investor?"

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Immigration Law News

BCIS Announces Plans To Issue New Single Passport-Style Travel Document
The Bureau of Citizenship and Immigration Services announced that during fiscal year 2003 the BCIS will begin issuing a new single passport-style travel document that, depending on the circumstances, will either contain the Form I-327, Permit to Reenter the US, or Form I-571, Refugee Travel Document.

Rep. Kolbe, Rep. Flake Introduce Border Security And Improvement Bill
Rep. Kolbe (R-AZ) and Rep. Flake (R-AZ) announced the introduction of the Border Security and Improvement Bill, including a section by section analysis, a fact sheet and FAQs.

Sen. McCain Speaks On Immigration Reform Bill
Sen. McCain (R-AZ) in introducing the Border Security and Immigration Improvement Bill said, "In another departure from previous visa programs, this legislation does not put a finite number on the available visas, rather it is designed to allow the market to dictate the need for workers."

DOJ Announces USDA Employee And Wife Pleads Guilty To Visa Fraud Scheme
The Department of Justice announced that a USDA employee and his wife pleaded guilty to conspiracy to commit visa fraud, including 99 illegally obtained visas for Chinese nationals.

DOJ Announces 6,000 Sworn In During Naturalization Ceremony
The Executive Office for Immigration Review of the Department of Justice announced the swearing in of 6,000 new citizens.

BALCA Says CO Can Ask Employer To Obtain Legal Opinions From State Officials And Can Deny Labor Certifications If Such Opinions Are Not Obtained
In the Matters of Evergreen Haven Care, No. 2002-INA-176, 2002-INA-177 (BALCA, Jul. 22, 2003), the Board of Alien Labor Certification Appeals discussed two labor certification applications for the position of "Nurse Assistant" for which Employer had put forth a 40 hour work week and availability on-call 24 hours a day for 5 days a week and said that Employer did not rebut the Certifying Officer's determination that the on-call time was a "controlled standby" under California law allegedly due to which overtime would have to be paid for this 16 hours of on-call time. In these two cases, the CO required the Employer to obtain a legal obtain from the California State Labor Commissioner and the record showed that the Employer requested such an opinion.

Pakistani's Return And Attempted Return Dooms Asylum Claim
In Ahmed v. Ashcroft, No. 02-4302 (3rd Cir. Jul. 30, 2003), the court said that Petitioner's return to Pakistan suggested that he did not fear persecution and said that his next attempt to return to Pakistan by obtaining a false US passport led to the inference that he did not really fear that he would be killed.

Sri Lankan's Forced Performance Of Religious Dance Was Not Persecution Against Her Religious Beliefs
In Santhalingam v. Ashcroft, No. 02-3244 (3rd Cir. Jul. 29, 2003), the court said that the Immigration Judge possessed a reasonable basis for its conclusion that the Liberation Tigers of Tamil Eelam conduct allegedly forcing Petitioner to perform a religious dance against her religious beliefs was not designed to persecute because Petitioner failed to protest her servitude over a period of nearly six years, and because her eventual refusal was made due to exhaustion and not because she found the dance offensive to her religious belief.

No Jurisdiction To Review Claim That US Citizen Child Will Suffer Exceptional And Extremely Unusual Hardship
In Mendez-Moranchel v. Ashcroft, No. 02-2146 (3rd Cir. Jul. 29, 2003), the court, in an issue of first impression its circuit, said that it joined the other 9th and 7th circuits in concluding that, for nondiscretionary factors, it maintained jurisdiction, but as to discretionary decisions it lacked jurisdiction under 8 USC 1252(a)(2)(B)(i). The case involved a situation where the Immigration Judge denied Petitioner's claim that if he were removed, his US citizen child would suffer an exceptional and extremely unusual hardship.

Vermont Governor And Immigration Platform
The American Conservative reports "Embracing immigration reform would make good practical politics. But would Howard Dean be willing to consider such arguments, or is he too reflexively liberal?"

Rep. Kolbe Bill Sparks Immigration Reform Debate
The Arizona Daily Star reports "US Rep. Jim Kolbe predicts fierce opposition to a recently unveiled plan to allow millions of foreigners to live and work in the US."

Immigration Laws Another Obstacle For Gay Marriages
The Knoxville News Sentinel reports "Thousands of same-sex couples in the US face similar legal obstacles. The Lesbian and Gay Immigration Rights Task Force in New York City is lobbying for US laws to respect long-term same-sex relationships between Americans and foreign citizens, knowing it might be a long time before the US recognizes gay marriage, if ever."

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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/email your resume + cover letter to Allison Bettridge, Office Manager at 202-371-2898 or: For additional information, please contact Ms. Bettridge at: 202-223-5515. FDBL is an equal opportunity employer.

Books - 8 CFR, Includes 2003 BCIS Changes
We are pleased to announce that the latest edition of the Immigration & Nationality Act (INA) is now available. This reference tool is invaluable while writing to the INS about a RFE or preparing a petition. Attorneys have been using the exhaustive topic indices in the 8 CFR Plus and The Whole ACT - INA (Annotated) to do just that for years. Whether you are a seasoned practitioner or a less experienced attorney entering the immigration law field, these books are a must-have. For information on our various publications, see here. (A Supplement is provided Free of cost updating the 8 CFR Plus as of June 1, 2003. All BCIS related changes have been included in this Supplement as well as a complete index to ALL 8 CFR Sections updated as of June 1, 2003.)

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:
It is interesting to read the debate about an official language of the US, but I am amazed at how many contortions the simple statement I made, "the US has no official language", has created everything from the quoting of state law and noting proposed legislation to opinions expressed about speaking in native tongues in your home, but speaking English on the street, say what? And no, ES, Esq., my statement was "I challenge anyone to provide evidence to the contrary by citing any US 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." and if memories fade, memories can be refreshed by referring to the last line of my letter. However, the fact remains, let me make this perfectly clear, there is presently no federal legislation, law, rule, requirement, statute, regulation, presidential proclamation, order or otherwise, that designates or requires English, or any other language as the "official" language of the government of the US. And furthermore, I never said I did not "like" the idea of English as the "official" language, as attributed to me by Charles W's letter, therefore, I will not be packing off and moving to Tijuana. Comprende? In fact, I wholeheartedly agree with R.L. Ranger's letter. I believe English should be made the "official" language of the US. I am happy that Mr. Ranger pointed out that there is presently legislation pending and that more information about this topic can be found at the website of US English, Inc., an activist organization that supports English as the official language of the US and refers to H.R. 997, proposed by Congressman Steve King (R-IA), which can be found at

David D. Murray, Esq.
Newport Beach, CA

Dear Editor:
If English is our de facto official language what is the point in passing a law to make it our official language? Other than to be divisive?

Name Not Provided

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Editorial Advisory Board
Marc Ellis, Gary Endelman

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