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

Family Immigration

Post-IIRIRA and post-9/11, increased numbers of family-based immigrants have sought legal counsel as formerly easy and straight-forward matters became increasingly complex and needed a lawyer's guidance. The CSPA and also increased enforcement by ICE have made matters still more hairy. ILW.COM's forthcoming telephonic seminar on family-based immigration issues will discuss current developments in this area of immigration law.

The seminar includes an in-depth Q&A period where you can pose questions regarding your cases to the distinguished practitioners on the panel. This seminar is also a great training tool for the entire law firm staff (one registration covers everyone sharing a speakerphone). The seminar is offered by phone, so law offices around the country can participate.

The deadline to register is Tuesday, November 18th. For more info, including detailed curriculum and speaker bios, see: http://www.ilw.com/seminars/november2003.shtm.
(Fax version: http://www.ilw.com/seminars/november2003.pdf.)


ILW.COM Focus

Current Issues In Family Immigration - Curriculum For Seminar

The curriculum for "All In The Family" - Current Issues In Family-Based Immigration is as follows:

FIRST Phone Session on November 20: Marriage ("Married - With Children")

  • Lists of documents for bona fide marriages
  • Fraud and Stokes interviews
  • Removal of conditional status
  • Separation, divorce, annulment issues
  • Fiance(e)s
  • K and V visas
  • Unmarried Partners

SECOND Phone Session on December 11: Admissibility, Removal and Financial Issues ("One Day at a Time")

  • Entry issues-245(i)
  • Arrests, inadmissibility-waivers
  • 3 and 10 year bar waivers
  • Removal Defense
  • New procedures for NTAs
  • Recent changes in enforcement practices
  • Affidavits of support

THIRD Phone Session on January 8: Children's Issues and Legislative Changes ("Eight is Enough")

  • Child Status Protection Act - Age out protection for children of Permanent residents, refugees and asylees, and DV lottery winners
  • Step children
  • Children born out of wedlock
  • Adoption
  • DREAM Act and other Pending legislation

The deadline to register is Tuesday, November 18th. For more info, including detailed curriculum and speaker bios, see: http://www.ilw.com/seminars/november2003.shtm.
(Fax version: http://www.ilw.com/seminars/november2003.pdf.)


Featured Article

Letter Recommending Emergency Legislation For The Admission Of Refugees (President Dwight D. Eisenhower: 1953-1961) - Presidential Paper Historical Series
President Eisenhower sent this message to Congress on April 22, 1953.


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: http://www.ilw.com/seminars/

Immigration Law News

USCIS Director Aguirre Speaks On Importance Of Citizenship
USCIS Director Aguirre during a speech on the meaning of Citizenship and said, "The Administration and Congress called for, within the Homeland Security Act of 2002, the creation of an Office of Citizenship. This pioneering office is charged with promoting public awareness of the rights and responsibilities of this treasured value."

USCIS Issues Reminder On Obtaining Advance Parole Before Travel Abroad
The USCIS issued a press release urging all immigrants with pending applications for adjustment of status to consult its National Customer Service Center, an immigration attorney, or an immigration assistance organization accredited by the Board of Immigration Appeals before making any travel plans.

Finding Of Frivolousness Requires Adequate Opportunity To Address Discrepancies
In Farah v. Ashcroft, No. 02-70252 (9th Cir. Nov. 14, 2003), the court in a matter of first impression in the 9th Circuit, said that "the absence of a proper opportunity for Petitioner to explain all discrepancies in the record, however, required us to overturn the conclusion that the application was knowingly frivolous."

US Ambassador To Mexico Says Both Administrations Remain Committed To Migration Reform
During a Department of State briefing, US Ambassador to Mexico Garza discussed the US-Mexico Binational Commission and commented on whether an immigration agreement was underway.

USCIS Seeks Comments
The USCIS sought comments on Form I-566, the interagency record of individual requesting change/adjustment to or from A/G status or requesting A/G/NATO dependent employment authorization.

DOL Announces H2A Case Tracking System
The Employment and Training Administration of the Department of Labor announced that it has designed an H-2A case management system to improve data tracking and reporting capabilities in an effort to improve the H2A program.

DHS Employee Charged With Selling Fraudulent Work Documents
The South Florida Business Journal reports "A Department of Homeland Security employee was arrested on charges of selling work documents to illegal aliens for as much as $12,000, the U.S. Attorney's Office announced Thursday."

USCIS Civic Integration Program Is Shift In US Immigration Policy
The Sun Herald of South Mississippi reports "Experts say the [immigrant integration assistance] program, which has a $1.5 million budget this year, represents a shift in U.S. immigration policy - which historically has been generous in admissions but has done little after people arrive."


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: http://www.ilw.com/membership/

Classifieds

Case Management Technology
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: https://www.emaximm.com to sign up for a test drive. For more information, email us at testdrive@Emaximm.com 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:
At the last AILA conference, I was surprised that no one in AILA addressed the fact that we as immigration lawyers, along with our clients of all types, are under attack. Homeland Security, and our present Attorney General Ashcroft have declared open season on us all. I have been working in this field for over 23 years, and never have suffered from the present barrage of denials, arrrests and imprisonment without bail, wanton RFEs, arbitrary decisions, departures from longstanding principles, etc. We are all walking around as zombies lost in the valley of darkness. President Yanni of AILA touched upon the current climate and culture of no in her plenary address. It is a real and obvious problem. We need help though as fighters in this war. We need to vent off in some way this constant outpouring of poison that now fills our practices and kills our clients regularly. Someone much smarter that I am can probably suggest a way to have 'group therapy' to help us survive this very bad time. Like the victims at ground zero on 9/11, psychological support is needed. It could be by comedy, black comedy, that we laugh about this awful time while we do battle. it could be by a daily reminder of just how bad things are getting reports. I know that the shared experience can help us to process and contend with the reality we must now face.

Bill Bennett

Editor's Note: We appreciate and will review all responses to our November 14, 2003 Editor's Comments.

Dear Editor:
In response to your Editor's comments, there are tough topics to cover for creative ideas/thoughts. These include: K2 who ages out [arrives in USA K2 after age 18 so no stepparent petition available when parent marrieds USC]; Juvenile Ward of Court who ages past 'juvenile' before BCIS adjudicates the petition and adjustment [not covered by Child Status Protection Act]; Discuss why F1 can change to H1B but M1 who enhanced skills through M1 program cannot change to H1B even if previously F1; Discretionary reinstatement of approved I-130's when the petitioner dies.

Beryl Farris
Atlanta, GA

Editor's Note: We appreciate and will review all responses to our November 14, 2003 Editor's Comments.

Dear Editor:
Just a note in response to your request. I get tired of all the long, long letters to the Editor, exercises in eloquency, and using it as a forum to argue opposing views - at great length. I enjoy the different viewpoints, but don't enjoy the booklength arguments.

Helen Carter

Editor's Note: We appreciate and will review all responses to our November 14, 2003 Editor's Comments.

Dear Editor:
As a new Immigration Daily subscriber, forgive me if you have covered this issue in the past. The topic is: How the BCIS and Social Security Administration Interact. We have clients who get their Work Authorization cards, only to find that Social Security Administration requires some kind of computer input from the BCIS – in other words, the alien has to be put “into the system” before SSA will honor the Work Authorization Card and grant a social number. We have been told that it takes 8-12 weeks to issue a social security number once the client applies with SSA, but we are finding this time estimate to be totally optimistic and erroneous. What exactly are the legal requirements for BCIS regarding informing SSA on aliens granted Work Authorization? Why does it take so long to process information between the BCIS and SSA? Is there anything attorneys can do for their clients to expedite the process, and what are the clients’ legal rights vis a vis being supposedly granted the right to work according to the BCIS and yet not being able to get a Social Security number which employers are legally bound to obtain before hiring? Thank you! I'm happy to be a new Immigration Daily reader and look forward to seeing this topic covered in future issues.

Jennifer Trump
Legal Assistant

Editor's Note: We appreciate and will review all responses to our November 14, 2003 Editor's Comments.

Dear Editor:
There are thousands of persons that might be eligible for 245(i) when reinstated. I think it would be very important to provide some information about this issue. We all know that it is still pending to be approved but now that we are getting closer to the presidential election, maybe there are some news. Is there a chance that it would be reinstated at any time now?

Name Not Provided

Editor's Note: We appreciate and will review all responses to our November 14, 2003 Editor's Comments.

Dear Editor:
Perhaps we should leave the subject of illegal immigrants in abeyance for a while, and concentrate on persuading our lawmakers to put pressure on the service center directors to process the tens of thousands of employment based I-485 petitions languishing in limbo since 2001. Consider how much officer time is spent on adjudicating I-765 extensions and advance parole petitions. All we hear are promises to reduce the backlog, but we are never told when. They throw us a bone, once in a while, and make an appointment for fingerprints. The aftermath of the printing results in weekly phone calls from clients and our inability to answer questions of "when."

N.A.Hyman

Dear Editor:
R. L. Ranger once again strips off his mask and reveals his immigration restrictionist views. While I mostly agree with Gary Endelman concerning "real world" solutions to US immigration problems, I agree with Mr. Ranger on the issue of not conferring US citizenship on every child born here. I have long been an advocate of conferring US citizenship solely upon persons whose parents had a legal right to be in the US at the time of birth. This would end the "carrot and the stick" aspect of birthing babies in the US solely to gain US citizenship for them. I am happy to see that Mr. Ranger was able to spot my analogy concerning forestry and immigration, but I am sorry he did not see the forest through the trees. I differ from his opinion as to the root of the issue only because the US simply has no competent forestry management program. It appears that to the U.S. Department of Interior, "clear cut" is a happy word meaning "understandable", at least to the logging lobbies. Arguably, if we "clear cut" immigration laws, we may have the whole world camping on our doorstep, and there simply are not enough campgrounds in our forests to house these campers. What the US needs is understandable immigration laws that meet our country's needs, a true revision, not just an amendment. While the "special interest" environmental groups of whom Mr. Ranger speaks may be a bit over the deep end at times, without them we might have deserts and wastelands instead of forests and conservation areas. What the US needs is foresters managing the forests, just as it should have immigration experts, both liberal and conservative, designing a long-range immigration program that will benefit the US in the future, not just putting band-aid patches on the badly beaten body of existing immigration law, as is currently being done. And rabble-rousing politicians, like Rep. Tancredo and his lot, should just stay out of it and seek other topics with which they can garner the vote of their conservative constituencies. But that will never happen, because it is easier to use Congress as a bully pulpit than it is to use it as an effective tool of good government. In the end, immigration restrictionism is not the answer, because the US is a "Field of Dreams", luring those who hunger for freedom and economic opportunity - just like forests are a magnet to the soul of humanity. It is clear cut that both places must be protected, but they must also be properly managed. So far, neither forests nor immigration has been successfully managed by Congress, the ultimate watchkeepers of these two valuable resources. The bottom line is that we simply must find a non-politicized solution in order to meet the needs of the US, and administration meetings with Vicente Fox will never achieve this, because Mr. Fox has his own personal agenda for solving the poverty problems of Mexico, not the US. No, the US does not need restrictionists any more than it needs bleeding-heart social liberalists, or third world country leaders, telling the Congress what to do in order to bring the poor, tired, and down trodden to our shores. What the US needs is good government and good laws.

David D. Murray, Esq.
Newport Beach, CA

Dear Editor:
Gary Endelman's article hit the nail on the head! I work in the nursery/landscape industry in South Florida, and I have worked with many illegals during the 12 years that I have been in this business. The reality is, at least in South Florida, that the large majority of jobs in this business are performed by illegal aliens. These people, for the most part, are not interested in living in this country as permanent residents. Because it's impossible for them to work here legally, and dangerous and expensive to cross the border via 'coyotes', once they are here, they have very little option but to stay and continue working. The scope of this problem is so enormous (8 million illegals here now, and guess what - they aren't leaving any time soon...), and border control is so ineffective, that it seems like the only solution is to develop some sort of amnesty program to allow people that are here now to obtain work permits and allow them to work on some sort of temporary basis. Those that desire permanent residency would need to qualify like any other applicant. If we had a reasonable policy regarding work permits for these lower paying jobs, it would result in fewer illegal border crossings, and perhaps even reduce the number of married illegal women who are working here now, knowing that their husbands could obtain work legally and safely and return home more frequently. (and as an added benefit this would result in a lower birth rate of babies born to illegals in this country). I hope that others read his article and take note.

Lynne Barrows


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 editor@ilw.com. 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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