ILW.COM - the immigration portal Immigration Daily

Immigration Daily September 5, 2003
Previous Issues
The unmatched news resource for legal professionals. Free! Join 9000+ readers

Editor's Comments

Immigration Law Firms And The Virus Attack

This is our third editorial in recent weeks on the Sobig.F virus/worm. This is one of the worst, if not the worst, problems to befall the Internet in many, many years (this epidemic is on the cover story in the current issue of Business Week and is also covered in the current issue of Forbes. For those of our readers who are interested, we provide some links below).

How does this virus affect immigration lawyers? Here are some issues that occur to us:

  • Email boxes are getting jammed with spam generated by this virus, so clearly using email in the normal course of business is much harder. However, it appears that people are coping, albeit with much grumbling. If you are reading this in the email version, after having waded through Sobig.F generated spam, you know what we mean. Your clients are also going to wade through the deluge of spam to read your email. This attack has taught us that email is important even when inconvenient to use.
  • This attack once more highlights the fundamental insecurity of the Internet. The BCIS in its e-filing and other electronic initiatives, including case management, may want to draw the obvious lesson and work with immigration software vendors and the immigration bar to develop community standards in order to enhance the security of its own software. Experience in software has long shown that software developed using community standards is more secure than that developed unilaterally.
  • It should also be clear to all Internet users that security can no longer be thought of as someone else's job. All of us need to work together to help make the Internet a more secure place. For the immigration law firm, what this means, is that (1) every computer in the firm must have virus protection, (2) if there are always-on connections in the office, especially for a server, firewall software is essential, (3) above all, updating security patches must be made into a routine task and not something that is done once a year. (4) It bears repeating that no email user should open attachments which are not expected.
Resources for more information:


Free Workshop For Immigration Lawyers

Attorneys listed in ILW.COM's directory of immigration lawyers can now participate in telephonic workshops focusing on efficient marketing of their practices online, and effective integration of their ILW.COM presence with their online and offline marketing efforts. Other aspects of Law Practice Management are also covered in these telephonic workshops which are offered free of charge to members in good standing of ILW.COM's directory of immigration attorneys. The next telephonic workshop will be on Thursday, October 16th. Those interested in participating should send a request for registration to

Those law firms not yet listed in our directory may want to note that 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 write to

Featured Article

New Interpretation On Job Flexibility During Adjustment Of Status
Cyrus D. Mehta writes "While the Yates memo provides useful guidance on the application of Section 106(c) in the context of a concurrent I-140/I-485 filing, it leaves several questions unanswered."

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

BALCA Says CO Abuses Discretion In Refusing To Reconsider Allegedly Untimely Rebuttal
In the Matter of Cardenas Markets, Inc., Nos. 2002-INA-236, 2002-INA-237 (BALCA, Aug. 15, 2003), the Board of Alien Labor Certification Appeals said that it was an abuse of discretion for the Certifying Officer not to reconsider when Employer had mailed the rebuttal to the Notice Of Findings within the 35 day period but which the CO had refused to consider because it was received outside the 35 day period.

BCIS Issues Sudan TPS FAQs
The Bureau of Citizenship and Immigration Services released a press release and FAQs on the extension of TPS for Nationals of Sudan.

BCBP Seeks Comments
The Bureau of Customs and Border Protection sought comments on the report of complaint, Form I-847.

Petitioner's Right To Fair And Full Trial Is Violated Where IJ Is Hostile, Sarcastic
In Reyes-Melendez v. INS, No. 02-70526 (9th Cir. Sep. 4, 2003), the court said that because the Immigration Judge (IJ) reached conclusions on Petitioner's ability to qualify for suspension of deportation before considering all relevant evidence and not as a neutral fact-finder, the IJ violated Petitioner's right to a fair and full trial. The court noted that the IJ's order was replete with sarcastic commentary and moral attacks on the Petitioner and that the record indisputably demonstrated that the IJ was hostile towards Petitioner and judged his behavior as being morally bankrupt.

6th Circuit Says Stop-Time Rule Is Retroactive Even After St. Cyr
In Suassuna v. INS, No. 02-3084 (6th Cir. Sep. 4, 2003), the court found that for determining eligibility for suspension of deportation in cases that were pending as of April 1, 1997, the alien's period of continuous physical presence ends upon service of the order to show cause, even if such order was issued prior to the enactment of the stop-time rule.

No Asylum Claim Where Laotian Is Permitted To Leave His Country And Remaining Family Members Are Not Harmed
In Long v. Ashcroft, No. 02-3203 (8th Cir. Sep. 3, 2003), the court said that Petitioner lacked a well-founded fear of future persecution because he was not harrassed during the nine years before he left Laos, his wife was not bothered after he left, and there was no indication that his two daughters who remained in Laos have been harmed. In addition, Petitioner and his wife were issued passports and were permitted to leave the country.

Sen. Lieberman Calls For Immigration Reform
The Tucson Citizen of Arizona reports "Democratic senator and presidential hopeful Joe Lieberman is proposing immigration reform that would include legalizing illegal workers living in the US."

Citizenship Oath Gets Makeover
The Daily Herald of Washington reports "The citizenship oath, which requires immigrants to renounce loyalty to "princes and potentates," is getting a makeover after a half-century."

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 And Entry-Level Paralegals
Greenberg Traurig, a large international law firm, has openings in its Tysons Corner office for experienced and entry-level immigration specialists/paralegals. Will train for entry-level/junior position. Both positions require a Bachelors degree; experienced position requires 3+ yrs of experience in the immigration field, with at least one year at a senior level. Strong organizational, written, computer and verbal skills are required. Excellent benefits and compensation packages offered. Send resume + cover letter, including salary requirements by either fax: 703-714-8378 or email: Please state the position, experienced or entry-level position, that you are applying for.

Case Management Software
Do you want to grow your immigration business in today's market? If so, let Emaximm help. Successful attorneys invest in the best technology to run their practice, so they can maximize the use of their time. Emaximm technology uses automation and easy to use tools that allow immigration attorneys to maximize their resources and improve profitability. Just enter a sample case in Emaximm and have your prospects and clients log into their client center for instant status and dialogue with your firm. No hidden costs, no setup fees, no per case fee, free phone support. Best of breed technology for a simple price tag. Test it out. You'll find it will be your smartest immigration tool. Visit our website at: to sign up for a test drive. For more information, email us at or call us at either one of our locations: Michigan: (248) 844-1200 x 204 or New Jersey: (732) 423-5159.

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:
TPS is not extended for for Sierra Leone to November 2, 2004. TPS for Sierra Leone ends on effective date of 5/3/04. (There is an automatic extension available to 5/3/04 for some TPS aliens, but the TPS designation is ending.)

D. Jackson Chaney
Irving, TX

Editor's Note: Thanks for pointing out our error. The correction appears at:,0904-tps.shtm

Dear Editor:
Mr. Endelman's recent article repeats the claim that "Americans continue to earn fewer graduate degrees in computer science and mathematics, the need for such knowledge continues to grow. What is at stake is the intellectual future of the nation. American students fall further behind their international competition in virtually any test of math and science literacy. The blame for this cannot be placed at the doorstep of the H-1B and L-1 workers." On the contrary, American students who see their parents laid off from fields such as IT and engineering, only to be replaced by H1-B and L-1 workers, have absolutely no incentive to go into these areas in school. Add to that the wage stagnation (also contributed to by importing foreign workers) and our very smart American students see that they're better off investing their money and their futures in a business education and an MBA rather than more technical areas. Furthermore, as George Borjas has pointed out, the opportunity costs for an American student to go for a graduate degree are not offset by the salary he can earn. Foreign students, on the other hand, are a cheap source of labor for academia, and are not losing by going on to graduate school--they do so in the hope that a graduate degree will get them a green card (or at least an H1-B) to stay in the US. Finally, please bear in mind that "American" students these days include large numbers of children of immigrants, children who have often not even attended school in their home countries. Americans may not rank well in math and science, but the particular challenges of educating immigrant students make the task of educating everyone more difficult and expensive, particularly given the budget constraints schools are under.

Ali Alexander

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 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.

Editorial Advisory Board
Marc Ellis, Gary Endelman

© Copyright 1999-2003 American Immigration LLC, ILW.COM