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Immigration Daily

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Immigration Daily September 17, 2003
Previous Issues
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Editor's Comments

The Story Of The WHOLE Act

It is our privilege to bring you an extra-ordinary story in today's Featured Article "The Story Of The Whole Act" by Pravinchandra J. Patel. As everyone involved with immigration law knows, the INA - the statute itself - is the basic reference document to which handy access is a necessity today. This is true not just for practitioners and paralegals, it is also true for large numbers of government officers, and many others besides. Having access to a printed book with the latest amendments to the INA incorporated is something all of us take for granted today. But it was not always so. At one time, less than 20 years ago, only the GPO published the INA, and that was seriously out-of-date. Lawyers would then have loose-leaf pages of amendments inserted in the book. This unwieldy product made for frustration when the book was dropped, and all the amendments fell out, and had to be manually inserted again in the correct places. When Congress blessed the nation with IRCA, creating monumental amendments to the INA, one lawyer decided that enough was enough - he decided to publish a bound and annually updated volume of the statute himself. "The Story Of The Whole Act" is his story. We find it worthy of note that the concept of an updated one-volume INA was created by an immigrant to America - another example of the contributions that immigrants have made to their adopted country. We are particularly pleased to bring you this story, and invite you to see books by Mr. Patel at:


Nurses And Other Health Professionals Seminar - A Holistic Approach

ILW.COM's new telephonic seminar "Current Issues In Immigration For Nurses, PTs/OTs/MTs, Pharmacists, Dentists, And Other Healthcare Professionals" is organized in cooperation with CGFNS (Commission on Graduates of Foreign Nursing Schools). The intent of the 3 sessions of this seminar series is to cover the subject holistically, from different perspectives.

The September 30 session will cover the subject from the point of view of the immigration law practice. This session will focus on BCIS and VisaScreen issues, and other immigration law related issues. The speakers will be distinguished practioners in this sub-specialty of immigration law.
The October 23 session will cover the subject from the point of view of the healthcare employer. The speakers will represent major healthcare organizations.
The November 24 session will cover the subject from the point of view of other governmental agencies involved. This session will focus on State licensing issues and Consular Processing issues. The speakers will be representatives of State licensing boards and atleast one expert in Consular Processing matters.

The seminar series is designed to be useful to immigration practitioners, recuiters, employers, and other interested parties - we believe that it will materially assist all those with a serious interest in Nurses and other health professions.

The deadline to register is Friday, September 26th. For more info, including detailed curriculum, speaker bios, and registration information, please see: For the fax version, please see:

Featured Article

The Story of The Whole Act
Pravinchandra Patel, Esq. tells the story of how the much amended INA became available in book form.

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

BCIS Guidance Memo On Sunset Of Additional $1,000 H-1B Filing Fee
William Yates, Acting Associate Director for Operations of the BCIS issued a memorandum to BCIS service center directors, regional directors, and office of international affairs on the sunset of additional $1,000 filing fee and the return to 65,000 H-1B cap.

White House And DHS Jointly Announce New Terrorist Screening Centers
The Office of the Press Secretary of the White House issued a Presidential directive on the integration and use of screening information to protect against terrorism. For the fact sheet on the Terrorist Screening Center issued by the Office of the Press Secretary of the DHS, see here.

BALCA Says Bare Assertion Is Insufficient To Prove That Job Is Full-Time
In the Matter of Richard Druz Music, No. 2002-INA-178 (BALCA, Aug. 22, 2003), the Board of Alien Labor Certification Appeals said that it was Employer's burden to rebut the Certifying Officer's finding, as it was on notice that the CO found that Employer did not appear to have a full-time bass player position. Employer's burden was not met by its unsupported assertions.

Presentence Report Is Insufficient Evidence To Support Petition For Rehearing
In Hernandez-Martinez v. Ashcroft, No. 02-70048 (9th Cir. Sep. 11, 2003), the court said that to seek rehearing based on whether a conviction under a divisible statute constituted an aggravated felony on a basis not used by the Board of Immigration Appeals or brought to this court's attention on appeal was unusual and irregular.

Immigration Consultant Is Banned From Immigration-Related Activities
The Seattle Times reports "An immigration consultant in Wenatchee who gave legal advice to customers, and triggered deportation for some 150 people, has been prohibited from further engaging in immigration-related activities."

BICE Pilot Program Arrests Detainees As Soon As Deportation Order Is Issued
The Stamford Advocate of Connecticut reports "Federal agents have begun arresting illegal immigrants in Connecticut as soon as they are ordered deported, rather than allowing them to remain free while they appeal."

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:


Case Management Technology
There's a lot of 'buzz' lately surrounding case management systems. Which one is right for your firm? Will these systems live up to their promises? Is your data secure? And what about ROI? The VisaPrep technology has been used by immigration attorneys for over five years. Our system has been validated by more than seven hundred corporations and thousands of beneficiaries. Our technology works. To prove it, we'll answer your questions, show you a demonstration, and even allow you to use our system for FREE for thirty days. For more information, contact Juliet DiIorio, toll free at 866-VISAPREP (847-2773) or via email

Help Wanted: Academic Program Manager
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.

Immigration Expert Witness Services
Let Angelo A. Paparelli, Esq., serve as your immigration expert witness in litigation matters. He has been an expert witness in federal and state litigation across the country involving immigration law and procedure for many AmLaw 100 and smaller law firms, including Morrison & Foerster, Gibson, Dunn & Crutcher, and Kelly Drye & Warren. See here for the verdict of acquittal by the Court in United States v. Gopala Krishna, U.S. District Court in Los Angeles, June, 2001 where Angelo Paparelli provided expert defense testimony. With over 25 years of immigration experience, he has been included in the Best Lawyers in America editions of 1990-2003. Angelo Paparelli is an immigration law authority and a published author who can testify in business, family, tort, investment, and white-collar immigration issues. Member, California & Michigan State Bar. Wayne State Univ J.D.. University of Michigan B.A. For Angelo Paparelli's resume, see here. For more information, contact Angelo Paparelli at:, c/o Paparelli & Partners LLP, 4 Park Plaza, Suite 200, Irvine, CA 92614. Telephone: 949-955-5555.

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:
At the risk of sounding callus and uncaring, I must respond to Elise Hines's response to my previous letter which commented on her original letter to Immigration Daily. While I do not fully understand much Mrs. Hines' rambling response, just as I was unable to decipher some of the hieroglyphics of her original letter, the bottom line is that while she applauds ILW.COM as a publication that provides quality information to immigration lawyers and the general public and has a great system of connecting immigration lawyers with people in need of their services, Mrs. Hines' husband's troubles were not begun, nor were they ended at ILW.COM. It must not be forgotten that we people of the US comprise a nation of laws, not men. (I will not here justify or debate the fact that some laws are bad laws and need to be revised.) We must all, citizen and alien alike, respect and abide by American law, immigration laws included and those who do not run the risk of paying the penalty proscribed by the law - whether or not we like or agree with that law. In response to Mrs. Hines' direct query, yes, I would have advised any "immigrant/patient without formal education and sophistication" that there was no defense to the crime of claiming to be a US citizen and voting in elections of the US. Such person would not have wanted to hear it, but it would have been the truth. I am always honest and forthright with my clients, and I sometimes catch flack for that, but no client of mine can ever accuse me of not telling them the truth, the whole truth, and nothing but the truth, no matter how dismal the truth may be, or how it may offend their tender sensibility.

David D. Murray, Esq.
Newport Beach, CA

Dear Editor:
If we consider the benefits of legalizing or allowing amnesty to the law abiding illegal residents, we would realize more benefits to the economy. A million dollar idea is lost because these illegal aliens cannot present these ideas. It is said a mind is a terrible thing to waste, these brilliant and aspiring entrepreneurs have to remain voiceless or uneducated because they cannot enroll in schools. The average workforce is crippled because some of these healthy young men and women cannot offer any contribution, they are restricted because of these stringent laws. I do understand that we now need to protect our country from the evil of senseless terrorism but let us give law-abiding residents a chance to make their contribution. We will also know more about who is among us if they (illegal immigrants) come forward anyway. Wake up Congress and see the benefits an illegal alien can offer if given an opportunity to serve this beautiful country.

Name Not Provided

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

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