Joel Stewart's BALCA Review
In today's Featured Article, Joel Stewart discusses no less than 25 recent BALCA decisions on the following issues:
For the article, see below.
- CO Considered US Worker Qualified Even Without Degree
- Attorney Agent as Remitter of Certified Mail
- Hairdresser Required for Translations
- Amendment of Job Description Raises Question about Bona Fide Job
- Employer Contributed to Delay in Transmittal of Resumes from Referrals
- Job Referrals Invited to Apply for Job
- Low Result for Designer Developer on Interview Evaluation
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- Standing - contains standing of precedent I&N adminstrative decisions based on subsequent I&N decisions and federal court decisions
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Joel Stewart's BALCA Review (August 12, 2004)
Joel Stewart presents a summary of recent notable BALCA decisions.
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Immigration Law News
Approved Visa Petition Is Prima Facie Evidence Of Bona-Fide Marriage
In Patel v. Ashcroft, No. 02-4143/04-1256 (8th Cir. Jul. 13, 2004), the court said that where the agency had already adjudicated and approved the petition, the notice of approval sufficed under the statutory framework to prove the bonafides of the marriage.
DHS Grants Expedited Removal Authorization To CBP
Effective August 11, 2004, the CBP was granted the power to place in expedited removal proceedings certain aliens. For the Federal Register notice, see here. For the DHS press statement, see here.
President Bush Signs Biometric Passport Requirement Extension For VWP Into Law
The Department of State issued a press release announcing President Bush yesterday signed H.R. 4417 to extend by one year, the requirement for Visa Waiver Program (VWP) countries to include biometrics in passports.
Former Immigration Hearing Officer Convicted Of Sexual Bribes
The Los Angeles Times reports "A former immigration hearing officer was convicted Tuesday of demanding sexual favors and money from two Chinese women who were seeking political asylum in the US."
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Letters to the Editor
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I write in response to your comments calling for the elimination of "entire categories of family immigration" in exchange for legalizing undocumented immigrants. Hard-working undocumented immigrants who contribute to our economy do deserve a chance to come out of the shadows. This does not and need not happen at the expense of many US citizens and LPRs who have been waiting for years to be reunited with their family members in the US. Your comments fail to recognize that the tremendous backlog in the family immigration system and the large number of undocumented immigrants are the products of the same broken immigration system. People come to the US for complex and overlapping reasons – to work, to reunite with their family members, to escape persecution, to create a better life for themselves and for their children. Employment and family immigration are inextricably intertwined. Immigrants who come to the US through the employment-based immigration system use the family immigration system to reunite with their families once they become US citizens and lawful permanent residents. Rather than pitting one deserving group of immigrants against another, we ought to work to fix the broken immigration system comprehensively. There is a bill in Congress that would do just this – the SOLVE Act. The SOLVE Act would offer earned legalization to hard working undocumented immigrants already living in the US, as well as create break-the-mold temporary worker programs to ensure legal channels of migration for essential workers. It would also reduce the inhumane backlogs in the family immigration system. We can and will achieve comprehensive immigration reform, but only if we don't all stand in a circle and shoot each other.
J. Traci Hong, Deputy Director for Policy
National Asian Pacific American Legal Consortium
I provide social services and have met both legal and undocumented immigrants. Your comments assume that most illegal immigrants are here to work, which is true to an extent. It has been my experience though that many bring their families with them instead of enduring years of separation and heartache. The parents of the children want their children to have an opportunity for a better life. If family-based immigration wasn't so backlogged, many of these adults and children would be legal immigrants. It is currently taking 4-5 years for a LPR to bring his/her spouse and minor children, not including the time the LPR parent was probably away while obtaining LPR status. Or, take the case of an asylee. If they get married to a non-American after they receive their asylum, it can take 14-15 years to bring their spouse. According to USCIS, it takes 9-10 years for an asylee to be given LPR status, after the 1-year wait period following the granting of asylum. If it is granted, asylum can take up to several years. Would you want to wait 15 years to be with your wife or husband and your children? Illegal immigration is a huge and complex problem with no single answer but perhaps eliminating the tremendous backlog of family related immigration cases could turn a portion of the illegal immigration population into legal immigrants and keep families together. It is inhumane to just bring workers but not allow their families. It is reminiscent of how we dealt with the Chinese immigrants years ago telling them "you can build our railroads but we don't want your wives and children here".
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