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Immigration Daily December 11, 2003
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Editor's Comments

Secy. Ridge Suppports Legalization

During a town hall meeting held this Tuesday in Florida, DHS Secretary Ridge said that the vast majority of undocumented aliens in the US were not a threat to national security and should be given "some kind of legal status." This is the first Cabinet-level statement supporting legalization after 9/11. We welcome the acknowledgement of the obvious by Secretary Ridge, in that 99.99% of the undocumented are as much a threat to national security as a head of lettuce. While we strongly support efforts by the Adminstration to bring terrorists to justice, we believe that inaction on the legalization front is a failure of statesmanship. Secretary Ridge's statement sets a positive tone for the legalization battles in 2004 and supports the hope that President Bush will lend his crucial support in achieving legislation next year.


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

Pushing The Envelope With The Child Status Protection Act
Cyrus Mehta explores two provisions of the CSPA that have been subject to varying interpretations.

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

AWPA And H-2A Can Coexist
In Malacara, et al. v. Garber, No. 03-40144 (5th Cir. Dec. 9, 2003), the court said that "[the Agricultural Worker Protection Act (AWPA)] and the H-2A program can effectively coincide to promote the dual interests of protecting family farmers from burdensome litigation while expanding the potential labor market for American workers."

Stay For Voluntary Departure Appropriate If Stay Of Removal Appropriate
In Nwakanma v. Ashcroft, No. 03-4317 (6th Cir. Dec. 10, 2003), the court, in an issue of first impression for the 6th Circuit, said that "because a stay of removal is appropriate, a stay of the period for voluntary departure is also appropriate."

BALCA Says Past 1099 Makes Future W2 Impossible
In the Matter of Adacle Carvalho Cleaning Service, No. 2003-INA-1 (BALCA, Dec. 9, 2003), the Board of Alien Labor Certification Appeals said that "the totality of the evidence, including the fact that Employer is not listed within the tax databases of the Unemployment Insurance Tax Records, its Schedule C lists no employee wages, and the Alien received payment for services in 2001 via a 1099-Misc all lead to the conclusion that a bona fide job opportunity does not exist."

DHS Secretary Ridge Says Most Undocumented Not National Security Threat, Should Receive Legal Status
The Miami Herald reports "Department of Homeland Security Secretary Tom Ridge said Tuesday that he believes the vast majority of illegal immigrants in the US are not a threat to national security and should be given "some kind of legal status.""

Woman Charged With Unauthorized Practice Of Immigration Law
The Newsday of Long Island, NY reports "A Brooklyn woman who passed herself off as an immigration attorney and issued fraudulent US residency documents to up to 19 families pleaded guilty to charges on Monday in Nassau County Court."

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 Paralegal
The Law Offices of Bernard P. Wolfsdorf seeks to hire an experienced paralegal for its South Bay, Southern CA office. Ideal candidate should have experience with all aspects of business immigration. Responsibilities include: preparation of all types of immigrant visa petitions, labor certifications (RIR and traditional), adjustment of status and consular processing applications, and preparation of all types of nonimmigrant visa petitions (particularly Hs, Ls, TNs, and Os). Paralegal will manage caseload with large degree of independence, communicate with clients regarding procedural and case processing issues, update and maintain client status reports, prepare bills, and serve as a team resource. Fax your resume + cover letter to Michele Buchanan at 310-540-3147. The Law Offices of Bernard P. Wolfsdorf is an equal opportunity employer.

Books - 8 CFR, Includes 2003 USCIS Changes
We are pleased to announce that the latest edition of the Immigration & Nationality Act (INA) is now available. This reference tool is invaluable while writing to the INS about a RFE or preparing a petition. Attorneys have been using the exhaustive topic indices in the 8 CFR Plus and The Whole ACT - INA (Annotated) to do just that for years. Whether you are a seasoned practitioner or a less experienced attorney entering the immigration law field, these books are a must-have. We are currently offering an Internet-only special price of $259 for our 4 book set (MSRP $299). For information on our various publications, see here. (A Supplement is provided Free of cost updating the 8 CFR Plus as of June 1, 2003. All USCIS related changes have been included in this Supplement as well as a complete index to ALL 8 CFR Sections updated as of June 1, 2003.)

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Letters to the Editor

None today.

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Editorial Advisory Board
Marc Ellis, Gary Endelman

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