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Immigration Daily October 14, 2004
Previous Issues
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Comment

Major Immigration Changes Coming Through HR10 Conference

H.R. 10 - ostensibly the 9/11 Commission bill dealing with security - has been saddled by the House with numerous anti-immigration provisions unrelated to security. One of the House Republican leadership's reasons to do this was to help defeat some Democratic candidates in the close Congressional races in some parts of the country. Be that as it may, the bill is now in conference with the Senate where Republican Majority Leader Frist has promised a bipartisan approach. The Executive Office of the President has issued a statement of administration policy agreeing with some parts of H.R. 10 while disagreeing with others. Here is our reading of the crystal ball as to how some of the more contentious immigration provisions in H.R. 10 will fare in conference.

  • The Elimination of the "Western Hemisphere" exception for citizens will likely happen. What this means is that US citizens will probably be required to carry additional documents while traveling to Canada and Mexico, resulting in significant inconvenience to American citizens (this is an example of how immigration law affects Americans).
  • Standards for obtaining asylum will likely be raised substantially.
  • Congress will likely do an end-run around Zadvydas and some form of lengthy detention will likely return.
  • Judicial review will likely be tightened up, especially habeas review (keeping in mind Magana-Pizano, it is likely that at least some circuits will eventually find this fantasy of Congress unconstitutional).
  • Attempts to restrict the matricula consular through this bill will likely fail.
  • "Drive-by deportations", vide expansion of expedited removal, will likely fail.
  • The provisions of the bill in contravention of CAT will likely fail.
  • The chapters dealing with "improved security for drivers' licenses and personal identification cards" and "improved security for birth certificates" will likely fail in this bill (these provisions would amount to a national id card).
It should also be borne in mind that the conference committee hasn't even met yet and when it does meet, the discussions are likely to be both lengthy and acrimonious. That's why it is unlikely that the conference report will be ready for a vote before the election. All the above represents our best current speculations on what will likely happen, Immigration Daily will keep you on top of these important matters.


Focus

Preparing For PERM With Joel Stewart

The curriculum for "Preparing For PERM With Joel Stewart" is as follows:

FIRST Phone Session on September 30th: Current issues including Backlog Reduction Centers
  • National and Regional Backlogs
  • Doctrine of Backlog Reduction: Myth or Reality?
  • Analysis of the Backlog Reduction Rule
  • Telephonic Tour of Philadelphia and Dallas Centers
  • Major Current Issues in Labor Cert Processing
  • Practice Pointers: Recruitment and Documentary Requirements
SECOND Phone Session on October 21st: Appellate issues
  • General Characteristics of Notice of Findings and Final Determinations
  • Reconsideration of Final Determinations
  • Appeal of Final Determinations to BALCA
  • Federal Court litigation: formulating a Strategy that works for clients
  • Jurisdictional issues
  • Challenging The Regs
THIRD Phone Session on November 4th: PERM issues
  • Implementation of PERM
  • Simultaneous Processing, Withdrawals, Priority Dates, & Substitutions
  • Advantages and Disadvantages of PERM
  • Practical Tips on Processing PERM
  • DOL Audits - what can Employers expect
  • Role of SWA in PERM, Backlog Reduction, and other Pipeline Cases
The deadline to register is Tuesday, October 19th. For more info, detailed curriculum, speaker bios, and registration information, see: http://www.ilw.com/seminars/september2004.shtm. (Fax version: http://www.ilw.com/seminars/september2004.pdf.)


Article

USDOJ Issues Final Rule On 212(c) Relief
Christina B. LaBrie, Esq. writes "The long-awaited final regulations create procedures and clarify certain problematic issues, taking into consideration the Supreme Court's decision in INS v. St. Cyr."


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/

News

BCIS Officially Changes To USCIS
The DHS announced that the Bureau of Citizenship and Immigration Services (BCIS) has been officially to the U.S. Citizenship and Immigration Services (USCIS).

Employer Information Bulletin On The Office of Business Liaison
The Office Of Business Liaison released an updated Employer Information Bulletin on the services of its office, the Office of Business Liaison.

DOS Briefing On Renunciation Of Citizenship
During a Department of State press briefing, DOS Spokesman Boucher said, "Loss of nationality is a complicated matter subject to Section 358 of the [INA]."

Text Of H.R. 4567
The enrolled version text of H.R. 4567, the Department of Homeland Security Appropriations Act, 2005 has numerous immigration-related provisions directly specific actions by the Executive Branch as it uses the appropriated funds.


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Classifieds

Help Wanted: Immigration Attorney
Rifkin & Fox-Isicoff, P.A., an A-V rated Miami-based immigration law firm seeks bilingual (English/Spanish) attorney with 2-5 years experience in areas of immigration litigation and family based and employment based immigrant visa processing. Salary commensurate with experience. Excellent benefits. Send your resume only by e-mail/fax to Caridad Anton, Administrator, Rifkin & Fox-Isicoff, P.A. 1110 Brickell Avenue, #210, Miami, FL 33131 Fax (305) 375-9517 e-mail Lsrifkin@rifkinfox.com.

Help Wanted: Immigration Attorney
Small NYC downtown firm seeks experienced immigration attorney. Litigation and N.I.V. experience a must. Management and organizational skills preferred. Fax resume to 212-766-4380 or e-mail stw@ppid.com. Please provide cover letter and salary requirements.

Help Wanted: Immigration Attorney
San Diego-Based Larrabee & Zimmerman LLC is seeking the right individual to fill an associate attorney position. The successful candidate will have a minimum of 3-5 years of business immigration experience in a high volume, busy immigration office. Excellent writing and verbal communication skills required. Demonstrated ability to handle a large number of corporate clients with overall responsibility for all aspects of their immigration legal needs. Strong substantive knowledge of labor certifications, all nonimmigrant categories, adjustment of status, consular processing as well as NIW, and all EB-1 petitions required. Those with less than 3 years of such experience will not be considered. Experience with family-based, asylum and removal defense not relevant to this position. Salary commensurate with experience. Excellent benefits offered. CA bar membership a plus and will be required for any long term employment. Send your resume and salary requirements to hr@larrabee.com (no calls please).

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.

Case Management Technology
After pioneering US Immigration Software, INSZoom recently launched its Global Immigration Edition. This state-of-the art product now helps International Immigration law firms process Immigration petitions for up to 50 countries through a single software. Law firms helping corporate clients in International employee migration can use this system to file, track & manage the status of clients' cases globally. Besides Forms and Case Management, many advanced and unique concepts like HRMS Integration, Global Partnership Management, International Compliancy, Ad Hoc Reporting, and Integration with Client's Human Resources (HR) Portal are offered as part of this tool to increase efficiency and transparency in your immigration operations. Your Clients can update profile information online in 50+ languages, check case status and generate numerous reports online. INSZoom also offers help in maintaining I-9s, LCA, International Taxation, Export Control and other Immigration Compliance issues. Rest assured that you are working with the most comprehensive, secure, simple and strategic immigration case management software available. Two options are available: (1) direct office/network installation or (2) a web-based solution - this 2nd option requires no additional hardware/software purchases - just sign-up, log-in and go. Contact us for a free guided tour today at 925-244-0600 or info@inszoom.com.

Immigration Website For Sale
RapidImmigration.com, a multilingual website (English, Chinese, Spanish) is available for sale. RapidImmigration.com is one of the top five US immigration web sites and receives considerable traffic. Excellent opportunity for an immigration law firm interested in establishing/expanding major internet presence. Sale includes 900+ pages of copyrighted immigration content; may also include ongoing site maintenance. Contact Oliver Oziel at 212-228-8097 or oliveroz123@usa.com. All inquiries will be kept confidential.

We carry advertisements for Help Wanted: Attorney, Help Wanted: Paralegal, Help Wanted: Other, Positions Sought, Products & Services Offered, etc.
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Letters

Readers are welcome to share their comments, email: editor@ilw.com (300-words or fewer preferred).

Dear Editor:
Please stop selling your email lists. I cannot think of anyone else who would do it.

Peter Griswold

Editor's Note: ILW.COM has never sold or rented the Immigration Daily email list and does not expect that it will ever do so.

Dear Editor:
What happens to detained deportees? Here's my story: My husband is currently detained at Clinton County Correctional Facility. He has served his time and is waiting to be deported or released. He is among the few Haitians waiting for an answer or some correspondence as to what the future holds for them. To my understanding, outgoing prisoners remain in custody at the US Bureau of Prisons until they can be returned over to foreign corrections officials - a wait time of at least three months. My husband has been waiting 4 months and their are others who have been waiting eight months or more. The INS Agent, avoids him and others at all cost and refuses to speak with him. By the time you receive and read this email him and other Haitians have band together and will have implemented a hunger strike at the Correctional Facility. He writes to tell me they are treated like caged animals by the administration and the warden allows this mistreatment. As an American, I'm distraught to read, and learn this is happening and I'm reaching out for direction. I have an attorney, I'm told the INS Agent hasn't gotten back to them - and they have left several messages. When I called the Correctional Security I was directed to Homeland Security - I have yet to speak someone, and am transferred from one person to another.

Confused American


comingsNgoings

Readers can share their professional announcements (100-words or less at no charge), email: editor@ilw.com.

New Appointment
We are pleased to announce the promotion of Irene M. Scharf, Director of the Immigration Law Clinic at Southern New England School of Law in North Dartmouth, Massachusetts. She has been promoted to Dean for Clinical Programs while continuing to direct the Immigration Law Clinic and teach Torts. Professor Scharf has been a Professor at the Southern New England School of Law for fifteen years. The Immigration Law Clinic specializes in representation for those in detention, especially asylum and cancellation cases for indigent clients. She can be reach at 508-998-9600, ext. 123.


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.

Publisher:  Sam Udani    Legal Editor:  Michele Kim

Editorial Advisory Board:   Marc Ellis, Gary Endelman

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


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