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Immigration Daily March 19, 2004
Previous Issues
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Editor's Comments

Overcoming Hurdles In Consular Processing

Our new seminar series "Overcoming Hurdles In Consular Processing: Visa Procedures, Security Checks & The TAL" will begin next week. The curriculum is as follows:

FIRST Phone Session on March 24: Applying for Visas - Are the Procedures Still the Same?

  • Third Country National Visa Processing in Canada and Mexico

    • i. Update on Canada and Mexico
      ii. Can TCN’s still apply?
      iii. Can List of 26 or T-7 TCN’s still apply?
      iv. Changes to the Automatic Revalidation Rule – what happens if the visa is not issued – is my Client Stuck Outside the U.S.?
      v. When should you Consider Border Post in Canada/Mexico over Processing in Home Country?
      vi. TCN E-1/E-2 Treaty Trader and Investor Visas Applying for Visas in Home Country
  • Applying for Visas in Home Country
      i. Mandatory Interviews
      ii. Personal Appearance Waivers, Appointments and Timing
  • Visa Revalidation through the Department of State – is this still a viable option?
  • Importance of Reviewing Forms DS-156 and 157
  • What Documents Should Your Client Bring To the Consulate?
  • Where can Applicants from List of 26 or Terrible 7 countries apply?

SECOND Phone Session on April 22: Navigating Through the Maze of Security Checks and Special Issues that Warrant Attention

  • Data Sharing
  • Visas Condor Checks for Applicants from Predominantly Muslim countries or countries of concern
  • NCIC Checks and Hits in the Database – remember that DUI or pot conviction or petty theft arrest from 30 years ago?
  • False Hits for Individuals with common names
  • Visa Restrictions for Citizens and Nationals of State Sponsors of Terrorism - Section 306 of the Border Security Act
  • The Impact of Biometric Identifiers and new technologies

  • i. Biometrics in US visas – how does this impact visa processing?
    ii. US VISIT
    iii. Biometric requirements and the Visa Waiver program
  • IPASS
  • Memorandum of Understanding between the DOS and DHS
    • i. what does this mean for visa processing?
  • Special Visa Processing Issues
    • i. Applying for a B-1/B-2 after a Visa Waiver refusal
      ii. Applying for a visa after failing to register on departure from the U.S.
      iii. Unlawful presence and 222(g) concerns
      1. applying for a visa after a layoff situation
      2. 222(g) versus 3/10 year bars

    THIRD Phone Session on May 13: Visas Mantis Hits and the Technology Alert List – Why Scientists, Academics, Researchers, Engineers and Hi-Tech Professionals Should Be Concerned

  • What is the TAL?
  • How does it impact foreign nationals?
  • Why should I be worried about it?
  • What Should I do if it looks like my Client Will be Subject to TAL
  • What Kinds of Documents Should I Bring?
  • What Can I Do if my Client is Subject to the TAL?
  • What Can I Expect Once My Client is Back in the US?
  • The Related Issue of Export Controls
    • i. Why is this important now?
      ii. What is a deemed export?
      iii. What sorts of technologies are covered by export control regulations?
      iv. Applying for a License
      v. Basic compliance procedures that every company should have

    The deadline to register is Monday, March 22nd. For more info, including detailed curriculum, speaker bios, and registration information, see: http://www.ilw.com/seminars/march2004.shtm. (Fax version: http://www.ilw.com/seminars/march2004.pdf.)


    ILW.COM Focus

    Roundtable With Department Of State Officials On Consular Processing Issues

    Our new seminar series "Overcoming Hurdles In Consular Processing: Visa Procedures, Security Checks & The TAL" will feature the following speakers:

    • Department of State: Robyn Bishop (Mexico), Steve Fischel (Washington, DC), Leslie Gerson (Canada), Gary Sheaffer (Canada)
    • Attorneys: Avi Friedman, Sylvia Graves, Tien-Li Loke Walsh (Discussion Leader), Sharon Mehlman, Roszel C. Thomsen (Export Control Attorney)
    The discussion will cover the following areas:
    • Applying for Visas - Are the Procedures Still the Same?
    • Navigating Through the Maze of Security Checks and Special Issues that Warrant Attention
    • Visas Mantis Hits and the Technology Alert List – Why Scientists, Academics, Researchers, Engineers and Hi-Tech Professionals Should Be Concerned
    The deadline to register is Monday, March 22nd. For more info, including detailed curriculum, speaker bios, and registration information, see: http://www.ilw.com/seminars/march2004.shtm. (Fax version: http://www.ilw.com/seminars/march2004.pdf.)


    Featured Article

    Why Good People Get Bad Immigration Law Advice
    Carl Shusterman writes "Why do a lot of good companies and individuals get sucked in so badly by consultants and lawyers that by the time they see a reputable immigration attorney, it is too late to solve their problem?"


    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

    DOS Promulgates Interim Final Rule On Elimination Of Crew List Visas
    The Department of State promulgated an interim final rule effective June 16, 2004 regarding the elimination of crew list visas.

    BIA Errs In Denying Asylum Where Prohibition On Underage Marriage Is Integral Part Of China's Oppressive Population Control Policy
    In Ma v. Ashcroft, No. 02-70956 (9th Cir. Mar. 15, 2004), the court said that the BIA erred in its refusal to grant asylum to an individual who could not register his marriage with the Chinese government since he was underage according to a law promulgated as part of China's coercive population control policy, a policy deemed by Congress to be oppressive and persecutory.

    Interim ICE Officer Found Dead, Allegedly Committed Suicide
    The Arizona Daily Star reports officials saying "The interim head of the Immigration and Customs Enforcement Office in Phoenix who was found dead in his car Tuesday [ ] committed suicide while driving."

    9th Circuit Says BIA Erred In Denying Asylum To Spouse Of Chinese Coercive Population Control Victim
    The Napa News of California reports "A three-judge panel of the 9th US Circuit Court of Appeals said the federal Board of Immigration Appeals had erred when it refused asylum to Kui Rong Ma, who fled China for the US at his wife's urging after she became ill following the 1999 abortion."


    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

    Help Wanted: Experienced Paralegals And Support Staff
    Bratter Krieger LLP, a full service immigration law firm located in Miami Beach, FL seeks experienced paralegals and support staff to join its winning team. Paralegals must have minimum 2+ years experience in all business (NIVs-E, H, L, and O/P's) and family immigrant visa categories; EB-1 experience preferred. Bilingual skills are required (fluency in Spanish or Portuguese). Bratter Krieger LLP offers an excellent working environment plus a competitive benefits package. Applicants should be organized and motivated. Salary is commensurate with experience. Submit resume to Michael Work by fax: (305) 695-4398 or email: mwork@bkvisa.com.

    Case Management Technology
    If you're looking to grow your immigration business, efficiency is critical. Developed by veteran immigration attorneys, VisaPrep helps attorneys handle more cases and increase profitability with technology successfully used for immigration matters since 1997. Our easy-to-use, secure online solution helps you streamline immigration processing. With VisaPrep, non-legal functions are performed automatically to save time and reduce filing errors. Clients can check the status of their case online and you can easily monitor their cases online. And with our exclusive VisaPrep Response Wizard(tm), you'll be able to answer most client questions quicker than ever before. With VisaPrep, you get simple pricing, free training and unlimited support. Many immigration technology vendors make promises - VisaPrep delivers. Call 866-VISAPREP (866-847-2773) or e-mail us at sales@visaprep.com to see a demonstration.

    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:
    I'm interested in the Roundtable With Department Of State Officials On Consular Processing Issues seminar, but all the web links point to information on a labor certification seminar. Please send me the correct information on the Consular issues seminar.

    Robin Catmur
    Dartmouth College

    Editor's Note: Thank you for bringing the erroneous link to our attention, which has now been corrected. The correct link is: http://www.ilw.com/seminars/march2004.shtm.

    Dear Editor:
    Here's a copy of an Assurance of Voluntary Compliance entered into between the Office of the Attorney General in Texas and Mary Hernandez Conlon describing another notario that was shut down in Texas.

    Paul Parsons


    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

    © Copyright 1999-2004 American Immigration LLC, ILW.COM


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