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Immigration Daily December 15, 2003
Previous Issues
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Editor's Comments

A Who's Who Of Ports Of Entry

A galaxy of talent fills the speaker list for "By Air, Land And Sea - When The POE Becomes A Brick Wall". The distinguished speakers for this seminar series are Edward Litwin, Fausta Albi, Michael Berger, Greg Boos, Henry Chang, Peter Larrabee, Tien-Li Loke Walsh, Jeanne Malitz, Timothy Murphy, William Reich and Nancy Shivers. Dealing with the entry/inspection process is an unavoidable burden of immigration law practice today. The alphabet soup of security checks is now topped by the notion of immigration security concerns within US borders vide the Technology Alert List and the deemed export rule. Other problems in this area of immigration law practice include expanded use of expedited removal, the "unsuspended" Special Registration program and the ever-changing situation at the various border crossing points. All this and more will be part of an in-depth consideration of Ports of Entry issues in this seminar series. The seminar is offered by phone, so law offices around the country can participate. It is also a great training tool for the entire law firm staff (one registration covers everyone sharing a speakerphone). The seminar includes an in-depth Q&A period where you can pose questions regarding your cases to the distinguished practitioners on the panel. The deadline to register is Tuesday, December 16th. For more info, including detailed curriculum, speaker bios and registration information, see: http://www.ilw.com/seminars/december2003.shtm. (Fax version: http://www.ilw.com/seminars/december2003.pdf.)


ILW.COM Focus

Curriculum For "By Air, Land And Sea - When The POE Becomes A Brick Wall" - Registration Deadline Is Tuesday, December 16th

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
  • NLETS
  • CLETS
  • DACS
  • NIIS
  • CLASS
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: http://www.ilw.com/seminars/december2003.shtm. (Fax version: http://www.ilw.com/seminars/december2003.pdf.)


Featured Article

Rear Platform and Other Informal Remarks in Massachusetts, Rhode Island, Connecticut, and New York: Presidential Paper Historical Series
President Truman sent this message to Congress on October 18, 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: http://www.ilw.com/seminars/

Immigration Law News

BIA Issues Rebuttal To ABA/Dorsey Study
Lori Scialabba, Chairman of the Board of Immigration Appeals released a letter responding to the findings of the ABA/Dorsey and Whitney study on the AWO procedure at the BIA.

White House Says Immigration Policy Has Been And Is Currently Under Review
During a White House press briefing, White House Spokesman McClellan said, "And in that context, obviously we had a review going on and we had discussions going on with Mexico to bring about a more orderly, more safe and more humane migration policy....This is a matter that really is under review at this point."

DOS Says White House Working On Safe, Orderly, Legal Process Of Migration
During a Department of State press briefing, DOS Spokesman Boucher in response to a query on Secy. Ridge's legalization comment said, "Obviously, we're all interested in a safe, orderly and legal process of migration, and that's something the Administration has been working on."

Sen. Kyl On Immigration Reform
An op-ed in the Casa Grande Valley Newspaper of Arizona by Sen. Kyl says, "America should be a welcoming haven for immigrants. But those seeking citizenship must follow our nation's rules. And our governments, both local and federal, have a responsibility to apply immigration laws fairly and equally to everyone."

White House Confirms Immigration Review Underway
The Washington Times reports "The White House yesterday said a new immigration review is under way that could lead to amnesty for millions of illegal aliens living and working in the US."


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Classifieds

J-1 Training Visa Sponsor
Discover the ease and flexibility of the J-1 training visa with Aiesec United States. At Aiesec, we provide an unparalleled commitment to customer service, offering 24 to 48 hour turnaround on approved J-1 training visa applications, free consultation on potential training programs and a wealth of information about J-1 training visa regulations. We also offer logistical and cultural reception services in several locations across the country. Our J-1 training visa can be used for individuals to participate in training programs in the following fields: Information Media and Communications, Education, Social Sciences, Library Science, Counseling and Social Services, Management, Business, Commerce and Finance, The Sciences, Engineering, Architecture, Mathematics and Industrial Occupations, Public Administration and Law. You can learn more about Aiesec and the J-1 training visa at http://evp.aiesecus.org or by calling Jim Kelly at (212) 757-3774 ext.222.

Help Wanted: Experienced Paralegals
The Law Offices of Bernard P. Wolfsdorf seek to hire experienced paralegals for its South Bay, Southern CA office and New York, NY offices. Bachelor's degree required. Ideal candidates 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). Paralegals will manage caseloads 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. Applicants should submit resume + cover letter to specific desired location: South Bay applicants: fax Michele Buchanan at 310-540-3147; New York applicants: fax Frieda Wong at 212-899-5041. The Law Offices of Bernard P. Wolfsdorf is an equal opportunity employer.

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:
Law is meant for those who are abiding it but if you are smart enough to break it you will be rewarded. This seems to be happening again in immigration history by the announcement of Homeland Security Secretary Tom Ridge's comment that 8 million to 12 million illegal aliens now in the US should be "legalized very soon in year 2004. He should think of those who are still waiting under the family catagory for years to join their loved once legally. There are people in other countries waiting for their turn to join parents, brothers, sisters, and kids. This catagory has been frozen for more than a decade.

V. Gupta

Dear Editor:
I have attached a copy of a BIA decision which has gone unreported involving whether the IJ has the authority to review the bona fides of Defendant's marriage in a decision involving a Defendant who was under removal proceedings but whose adjustment of status application was approved by the USCIS. For the entire BIA decision, see here: http://www.ilw.com/immigrationdaily/News/2003,1215-crowleybia.pdf

James Crowley
Kaplan, O'Sullivan & Friedman, LLP
Boston, MA


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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