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Immigration Daily September 15, 2003
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Editor's Comments

245(i) Is Not Amnesty

An Employer Information Bulletin on Section 245(i) which was recently made available by the BCIS appears in today's Immigration Daily. We quote the following paragraph from this bulletin headlined "Confusion of LIFE provisions with "Amnesty"" in its entirety.

Many persons mistakenly believe that 245(i) constitute amnesty, i.e. forgiveness of unlawful presence or breaches of status. On the contrary, unlawful presence continues to accrue until application for adjustment of status is filed (which stops accrual of unlawful presence). Section 245(i) does not protect an alien from deportation. That is, an alien who continues to work without authorization may remain eligible to adjust status if and when permanent residence is approved and an immigrant visa is available, but may be removed from the US if discovered in the meantime. Furthermore, a US employer who files Form ETA-750 or Form I-140, naming an unauthorized alien as beneficiary, will be subject to sanctions if discovered to be knowingly employing that alien prior to eligibility for adjustment (when alien can obtain an EAD). Once application for adjustment is made, the alien becomes eligible for work authorization. It may take months or years, however, from the time that the qualifying 245(i) application for labor certification or petition is filed, for the alien to become eligible to file for adjustment.


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Featured Article

Hurtling (and Hurting) Down the H-1B Road: Part 3 of 4
Angelo A. Paparelli provides an H-1B overview by addressing current Department of Labor enforcement activities and reviewing a selection of key Administrative Law Judge decisions.

The Hidden History Of Immigration: Part 3 of 3
Martin Ford examines the assimilation of the three largest European immigrant groups, Germans, Irish, and Italians, and argues that, in terms of language, religion, and group identity, today's immigrants may be adapting faster than their predecessors.

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Immigration Law News

BCIS Employer Information Bulletin On Adjustment Of Status Under 245(i)- LIFE Act
The Office of Business Liaison of the Bureau of Citizenship and Immigration Services of the DHS released an employer information bulletin on adjustment of status under Section 245(i) - LIFE Act.

DOJ Seeks To Revoke US Citizenship Of Alleged Nazi
The Department of Justice has asked a federal court in Chicago to revoke the US citizenship of a Bensenville, Illinois resident on the basis of his service during World War II in the Waffen SS as an armed guard at a Nazi concentration camp in Germany.

BALCA Says Single Unsuccessful Attempt To Telephone Is Not Good Faith Recruitment
In the Matter of Bervette Diesel, No. 2003-INA-99 (BALCA, Aug. 20, 2003), the Board of Alien Labor Certification Appeals said that Employer's single, unsuccessful attempt to telephone an apparently qualified US applicant failed to establish good faith recruitment.

Conviction For Possession Of Stolen Mail Is Aggravated Felony
In Ibrahim v. Ashcroft, No. 03-60420 (5th Cir. Sep. 11, 2003), the court said that a conviction for possession of stolen mail under 18 USC 1708 was categorically a "theft offense" - and therefore an aggravated felony - within the meaning of 8 USC 1101(a)(43)(G).

Voluntary Departure Breaks Continuous Physical Presence Requirement
In Vasquez-Lopez v. Ashcroft, No. 01-71827 (9th Cir. Sep. 11, 2003), the court issued an order denying the petition for rehearing en banc and issued a lengthy dissent to the order, amending its original opinion dated Jan. 14, 2003 where the court said Petitioner's request for cancellation of removal petition failed because his voluntary departure to Mexico caused a break in his physical presence in the US for the purposes of 8 USC 1229b because a contrary interpretation would be inconsistent with the statutory concept of voluntary departure in general and with the "stop time" provisions of 8 USC 1229b(d)(1).

DHS Moves Forward On Open Competition For BCIS Jobs reports "Recent protests by lawmakers and an array of interest groups have not changed the Homeland Security Departmentís plans to put immigration services jobs up for competition within the next 10 months, according to a department spokesman."

Immigration Laws Faulted For 9/11 Attacks
The Washington Times reports "Federal officials contributed to the murders of those killed in the September 11 attacks by failing to tighten immigration laws, relatives of some victims said yesterday."

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The University of Southern California Office of International Services (USC) seeks a Program Manager (Director, Faculty/Staff Visa Services) to assist academic, research and service units in the hiring process for nonimmigrants. The ideal candidate will ensure that USC is in full compliance with all relevant state and federal regulations; advise both hiring units and current and prospective nonimmigrant employees on filing procedures; and maintain currency on applicable laws, regulations and filing procedures for alien employment and employment-related permanent residence application. The incumbent will provide advice on university-employment-related immigration matters; interview prospective alien employees as well as employing unit personnel to develop appropriate hiring strategies; and consult with outside legal counsel in complex immigration-related legal matters. A working knowledge of Microsoft Office (including Excel, Word and PowerPoint) and Immigrant Pro is required. Travel to off-campus meetings and conferences will occasionally be required. Minimum Qualifications: Bachelor's degree with 3+ years of directly related professional and supervisory experience in an immigration law practice or a higher education/research institution immigration service office. To apply, go to and begin your application by submitting reference req. #16774 under Search/Apply for a Job. AA/EOE

Help Wanted: Experienced Immigration Attorney
Blumenfeld, Kaplan & Sandweiss, P.C. (BKS), a full-service law firm in St. Louis, MO seeks an associate with 1-3 years of employment-based immigration experience. Experience with immigration issues related to physicians is a big plus. BKS offers a competitive salary and excellent benefits. Send resume + cover letter to Chris Williams, Immigration Law Practice Group, 168 North Meramec Avenue, 4th Floor, Clayton, Missouri 63105. No phone inquiries please.

Help Wanted: Experienced Immigration Paralegal
Kemp Smith LLP, founded in 1866, seeks to hire an experienced paralegal for its business, family, consular, and inspections based immigration practice located in El Paso, TX. Responsibilities include continuous professional interaction with clients, staff, and federal agencies; timely preparation of filings with the Departments of Labor, State, and Homeland Security; and case monitoring. Excellent analytical, organizational, and writing skills are required. Computer and Internet literacy is essential, while Internet research skills are ideal. Proficiency in Word, Powerpoint, and case management software are all a plus. Bachelor's degree or equivalent preferred. Fluency in a second language in either Spanish, Japanese, or German is desired. Please forward your resume to Firm Administrator via e-mail at or fax 915-546-5360.

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Letters to the Editor

Dear Editor:
While it appears S. Salike's letter to the Editor agrees with the position I took concerning Ms. Hines' husband's deportation, I believe he or she misses the thrust of my opinion, as he or she states, "Mr. Murray's letter does not seem to have expressed his opinion as to the illegal aliens who are violating the laws of our land by overstaying their visa." S. Salike will also note that I did not express an opinion concerning the price of eggs in Denmark - but I believe if S. Salike re-reads my letter, he or she will see that I have indeed clearly expressed such an opinion. The pertinent opinion I did not render in that letter was my opinion concerning sorely needed immigration law and procedural reform that will insure that every qualifying foreign national has an opportunity to timely and fairly receive legal immigration benefits through proper filing of applications based on logical law, without becoming mired in the bureaucratic process - but that is a whole 'nother chapter.

David D. Murray, Esq.
Newport Beach, CA

Dear Editor:
I agree with S. Salike, I know lots of out of work Americans who want to be cooks and busboys but those darn illegals are taking the jobs. Gosh, when I was a waiter in college I remember hundreds of Americans coming in and applying for the busboy position at the restaurant but they couldn't get the job becuase of those darn illegals. Well maybe not hundreds, dozens for sure...well at least a few, ok well, none. But I bet that is because the Americans that are drooling for that high-powered job knew they couldn't compete with those darn illegals. I also know lots of Americans who want to mow lawns, work over unprotected acid baths in factories, pick up scrap metal for junkyards, wash dishes, and clean rooms in hotels but all those darn illegals are taking those jobs too. Come to think of it I know lots of Americans who want to become managers, CEO's, lawyers or bankers, but all those darn illegals are taking the jobs. Oh wait, no they're not. The middle and high paying jobs are still held by mostly by white men. But those illegals are just waiting to take those jobs too. You know, once they go to college and grad school paid for by the minimum wage jobs they have. Those darn illegals. Used to be those darn Irish, those darn Italians, and those darn Blacks. Well, I guess it still is those darn Blacks. Quite whining about "illegals" and tell your government to stop allowing US corporations to ship all the jobs overseas where they can pay 12 year olds a dime a day to answer the phone and not help you when your Dell computer breaks again.


Dear Editor:
On this day of remembrance of the first attack upon our soil in almost two hundred years, we should expect that Americans would be more secure now with the lessons of two years ago. Despite the fact that lax immigration policies were a contributing factor in the WTC tragedy, borders are still unsecured and routinely violated, visa violations and other "lawful" programs are taken advantage of and the massive entry by foreigners continues. Some politicians call for amnesties outright or disguised as guest worker programs which would defy the rule of law, encourage millions of others to migrate and would be an insult to those who wait their turn legally. State and local policies hinder attempts at national security. See: The statistics in the NIF press release of 9/11 are a testament to the result of excessive entry policies and mentions none of the numerous negative effects with the WTC disaster being only the most dramatic. Millions of others are affected and victims as well. The Statue of Liberty was not intended to be an invitation for the world to come to US, but as an example and beacon of the ideal of liberty which is not fostered with massive immigration. David Murray's response to Elise Hines is right on the money as expectation of foreigners that any can come here and become citizens without limitation and thumbing their noses at our sovereignty is not realistic. Limited, controlled and allocated immigration has the potential to be beneficial and to achieve all or most of the positives that open border advocates erroneously attribute to the mass invasion we presently have. I don't believe that millions of Mexicans sneaking across our borders or other similar arrogant violations are what Emma Lazarus had in mind and cannot be justified with present security and societal needs.

R. L. Ranger

Dear Editor:
Recently Immigration Daily featured Gary Endelman's article entitled "Fall Guy: U.S. Immigration and the Myth of Offshoring" which contained misleading figures on the numbers of H-1Bs for Indians in 2002. These numbers do not coincide with the numbers provided by the BCIS, which is the only official accounting the US provides, no other source is valid. This report provides a specific count of H-1Bs issued to Indians. Note that the state department has pre-released seemingly low counts in the past which have in all cases been shown to be wrong. People love to quote the state department's 'interim' numbers because they argue the case of declining use, when the truth is that the State department for whatever reason, is releasing 'non-official' numbers which don't ever match the official reports.

Name Not Supplied

Editor's Note: The links in the letter above refer to BCIS statistics concerning "Immigrants". This term is a term of art in immigration law and excludes H-1B visas entirely, since H-1B visas are "Non-immigrant" visas.

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Editorial Advisory Board
Marc Ellis, Gary Endelman

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