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Immigration Daily

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Immigration Daily December 8, 2003
Previous Issues
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Editor's Comments

Admissibility, Removal, Financial Issues In Family Immigration

ILW.COM is pleased to present a discussion on Admissibility, Removal, Financial Issues In Family Immigration in our telephonic seminar series titled ""All In The Family" - Current Issues In Family-Based Immigration." The curriculum for the December 11th phone session is as follows:

  • 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
The deadline to register is Tuesday, December 9th. For more info, see: (Fax version:


Curriculum For "By Air, Land And Sea - When The POE Becomes A Brick Wall"

The curriculum for ILW.COM's new seminar is as follows:

"By Air, Land And Sea - When The POE Becomes A Brick Wall"

FIRST Phone Session on December 18: "My Cousin Is At The Airport and They Won't Let Her In" The Entry Process and How to Get In

1. The ABC's of Entry - The Entry Process

  • Each Step, What They Do (Their Purpose)
    • Primary
    • Secondary
    • Deferral
    • Proceedings
  • General Pitfalls To Be Aware Of
2. Who Is An "Arriving" Alien
  • The Problem of Immigrant Intent
  • Unlawful Presence as a Ground for Inadmissibility
  • "Returning" Residents and the Use of Reentry Permits
3. Expedited Removal
  • When Does It Apply
  • Procedure That Is Followed
  • Alternatives
  • No Judicial Review
4. How To Get Relief from Expedited Removal - Challenging Prior Determinations

5. IBIS Checks and Other Data Checks

  • TECS - Treasury Enforcement Computer Systems
  • NAILS - National Automated Immigration Lockout System
  • NCIC
  • DACS
  • NIIS
6. Other Relief
  • Parole
  • I-193
  • Reentry Permits

SECOND Phone Session on January 14: "I need my TN ASAP so I don't miss my flight" A focus on Canadian and Mexican Borders Issues

1. Border Adjudications-NAFTA

  • TN's
    • The process
    • The problems - Dual intent, Self employment, Specific occupation
    • Canadians at the Mexican border
    • Appeals
  • L-1's
    • Procedure(s)
    • RFE's
    • Appeals
  • The Mexican process
2. Update on Border Crossing Points
  • Where to go
  • Who to see
  • Attorney presence
3. Border Crossing Documents
  • Who gets them
  • Who needs them
  • Passport requirements
4. TCN's in Canada

THIRD Phone Session on February 12: "My Friend Has An 'Interesting' Case And He Can't Seem To Get Back Into The U.S." Problems Which May Keep People Out

1. Impediments to Entry

  • Failing to Register Under NSEERS
    • Procedure and proof of NSEER registration
    • Where and how to leave the U.S.
    • Where and how to register upon return
  • Abandonment of LAPR
  • Last Action Rule
  • Travel ability of 'Ported' aliens
    • Returning while 'EOS' & 'COS' are pending
  • Intending students
  • Data sharing between DOS & USCIS
    • DS-156 & DS-230 Info
2. C & D Visa Entries

3. PFI Inspections - Problems unique to PFI's

4. Seizures and Forfeitures

5. Inspass

6. Technology alert list (TAL)

7. Use of FOIA

8. Section 110 - Integrated Entry/Exit System - Biometrics

The deadline to register is Tuesday, December 16th. For more info, see: (Fax version:

Featured Article

Address Prepared For Delivery Before The Mobilization Conference Of The National Jewish Welfare Board: Presidential Paper Historical Series
President Truman sent this message to Congress on October 17, 1952.

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

Unwise BIA Decision Is Not Reviewable
In Singh v. Ashcroft, No. 02-16476 (9th Cir. Dec. 5, 2003), the court said that an argument that the BIA came to "an unwise yet lawful conclusion" was not an argument that alleged constitutional or statutory error in the removal process. The court also said that the federal courts had habeas jurisdiction to adjudicate an Alien's CAT claim against the BIA.

Director Aguirre On Immigration Benefits
USCIS Director Aguirre spoke at The Summit Institute's International Forum New Directions entitled "Managing the Canada/US Relationship" where he said, "USCIS is exclusively dedicated to adjudications and services. And, though we are not a true enforcement entity, often our answer to an application for an immigration benefit is- no."

Texas Attorney General Moves To Seize Suspended Immigration Counseling Service
The Dallas Morning News reports "Texas Attorney General Greg Abbott asked a judge Tuesday to seize a suspended Dallas priest's immigration counseling service, saying the charity has violated a deal that let it stay open after a state investigation this summer."

Customs Official Charged With Selling Fake Immigration Docs
The Atlanta Journal-Constitution reports "A Customs official was charged with selling bogus immigration documents and shepherding nearly 200 illegal aliens from India at Newark Liberty International Airport."

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:


Credential Evaluation And Translation Service
Are you getting RFE's when you use other credential evaluation companies? American Evaluation and Translation Service, Inc. (AETS) provides 'Expert Opinion' Position Evaluations and Work Experience Evaluations completed by PhD university professors who have the "authority to grant college level credit for work experience and/or training." AETS evaluations are consistently accepted by the USCIS because the evaluations are completed by PhD Professors from four different universities with expertise in most major academic fields. AETS also provides the most competitive rates in the industry -$50 educational evaluations and $200 Position and Work Experience Evaluations. AETS offers a variety of turn-around times, including Same-Day Educational, Position and Work Experience Evaluations. For a complete list of prices and turn-around times, please see: Additionally, AETS provides certified translations in over 100 languages, with translators that are specialists in over 80 fields. For a copy of the Application for Credential Evaluation and Translation Services, please contact AETS at (786) 276-8190, visit the website at, send an email to or simply fax the documents to (786) 524-0448 or (786) 524-3300.

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:
In the 12/04/03 Immigration Daily, you listed an item re: Nursing Shortage Eased with Immigrant Nurses, Nurses over 50+ years of age. I could not find this item.

Joanne Haag

Editor's Note: We apologize for our error and thank our eagle-eyed reader for pointing this out. Here's the link: to the above item.

Dear Editor:
In "Never Fear: The Old H-1(b) Wage Rules Are Still In Effect," by Linda M. Keck, Esq., it is stated that the employer must still pay the prevailing wage. That is misleading. The correct statement is that the employer must pay the "Required Wage," which is the greater of the "Prevailing Wage" and the "Actual Wage."

Andrea Wisner, Senior Associate Attorney
Dilip Patel, PA, Clearwater, Florida

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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