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Immigration Daily October 26, 2004
Previous Issues
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Comment

Deadline Is Thursday, October 28th

Thursday, October 28th is the deadline to register for "Unraveling The Mysteries In Adjustment Of Status" a 3-part telephone seminar series on this critical, complex and confusing area of immigration law. A detailed curriculum has now been posted (please see Focus below). For more info, please see: http://www.ilw.com/seminars/october2004.shtm. (Fax version: http://www.ilw.com/seminars/october2004.pdf.)


Focus

Detailed Curriculum For "Unraveling The Mysteries In Adjustment Of Status"

The detailed curriculum for "Unraveling The Mysteries In Adjustment Of Status" is as follows:

FIRST Phone Session on October 29th

I. FAMILY ADJUSTMENTS

  • Understanding the 245(c) bars properly)
  • Exceptions for Immediate relatives
  • Adjustment in Preference cases - Nonimmigrants
  • V-visa Adjustments - Akhtar case
  • 245(i) discussion
  • CSPA impact
II. ASYLEE ADJUSTMENTS
  • Understanding the cut-off date
  • Class Action Lawsuit - Ngwanyia case
  • EADs for approved asylees
  • Travel w/o Advance Parole
  • Travel to country of persecution
III. DV LOTTERY WINNER ADJUSTMENTS
  • Knowing when to file
  • Mechanics of DV adjustment filings
  • FY deadline
  • 3/10 year bar issues
IV. ADJUSTMENT IN REMOVAL PROCEEDINGS
  • Renewing Denied I-485 Before the IJ
  • Filing new I-485; 245(i) grandfathering issues
  • Arriving Alien Issues
  • Advance Parole vs. other parole (e.g., deferred inspection or humanitarian parole)
  • Cancellation Adjustment for Arriving Aliens

SECOND Phone Session on November 10th:

I. EMPLOYMENT-BASED ADJUSTMENTS

  • Deciding between Adjustment vs. Consular processing
  • Reasons why to favor adjusting
  • Reasons why to favor Consular
  • Designating choice on I-140 - locked-in?
  • Prospect of visa number backlogs again
II. PORTABILITY & CONCURRENT FILING ISSUES

  • INA 204 (j) & the Yates Memo
  • When to notify CIS of the change in jobs
  • Gap in employment between jobs
  • What is "same or similar" ?
  • Cut in pay at new job?
  • New employer's ability to pay?
  • Firstland case
  • Portability & concurrent filing - impact of the Fujie Ohata memo dated 3/31/04
  • Portability and consular processing

THIRD Phone Session on December 2nd:

I. EAD & TRAVEL ISSUES DURING ADJUSTMENT

  • EAD extensions - timing
  • Maintaining nonimmigrant status
  • Advance Parole (General Rule) - 8 CFR 245.2(a)(4)(ii)(A) & (B)
  • Renewing Adv. Parole & Travel Limitations
  • Timing for Adv. Parole extensions
  • Exception for H-1B & L-1s and their dependents - 8 CFR 245.2(a)(4)(ii)(C)
  • May 25, 2000 memo on the rules for H-1Bs & L-1s
  • Common scenarios
  • Advance Parole & portability cases
The deadline to register is Thursday, October 28th. For more info, detailed curriculum, speaker bios, and registration information, see: http://www.ilw.com/seminars/october2004.shtm. (Fax version: http://www.ilw.com/seminars/october2004.pdf.)


Article

Department Of Labor (ETA)'s FY 2005 Transitional Guidance - State Guidance For Processing Labor Certifications
Josie Gonzalez writes "With the release of FY 2005 Transitional Guidance, ... DOL appears to realize that some of its labor certification PERM-related re-engineering efforts can be implemented today, without PERM regulations."


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

Motion To Reopen Extended In Barahona-Gomez Settlement
The Executive Office for Immigration Review issued a notice extending the period to March 20, 2005 to file motions to reopen in the settlement agreement in Barahona-Gomez v. Ashcroft, 243 F. Supp. 2d 1029 (N.D. Cal. 2002).

Secretary Powell Speaks On Visa Processing
During a press briefing in Beijing, China, Secretary Colin Powell said, "And we are going to do everything we can, and the Ambassador is committed to doing everything he can, both here in Beijing and at all of our Consulates, to speed up visa processing."


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: Immigration Attorney
Do you want to join a winning team? Are you energized by challenging opportunities in immigration law? If so, read on: Paparelli & Partners LLP, an internationally prominent, well-established West Coast immigration law firm with a focus on employment-based immigration seeks an experienced immigration attorney who is a self-starter and a team player for its new Manhattan office opening in January 2005. The successful candidate has (1) 3+ years of substantial experience in employment-based immigration (family-based immigration, deportation-defense and the immigration consequences of criminal convictions all a plus), (2) excellent writing, communication, technology and people skills; (3) NY state bar membership; (4) verifiable references and high ethical standards; (5) a track record in motivating, managing and leading immigration paralegals; (6) proven talents in marketing and business origination; (7) a passion for immigration law and for helping people; and (8) a desire to work with a diverse and top quality team who mirror excellence in client service and dedication to advancing the field of immigration law. If you have a drive to succeed and meet our requirements, then send your resume and letter describing your interest, qualifications, financial requirements and career goals in strict confidence to cim@entertheusa.com.

Help Wanted: Immigration Paralegal
Bernard P. Wolfsdorf, a Prof Law Corp. seeks experienced paralegal for its South Bay, Southern CA (Torrance) office. Ideal candidates should have bachelor's degree, experience with all aspects of business immigration, including all types of immigrant visa petitions, labor certifications, adjustment of status and consular processing, and nonimmigrant visa petitions (particularly Hs, Ls, TNs, and Os). 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. Submit resume and cover letter to Ms. Michele A. Buchanan, Esq. at MBuchanan@wolfsdorf.com. Bernard P. Wolfsdorf, P.L.C. is an equal opportunity employer.

Help Wanted: Immigration Attorneys
Berry Appleman & Leiden LLP, a global corporate immigration law firm, seeks Associate Attorneys with 3+ (Senior Associates with 5+) years of business immigration experience for our San Francisco Office. Our attorneys work in a fast-paced, high volume practice with advanced practice tools and a state-of-the-art case management system. Experience in a range of business immigration matters, ability to provide exceptional client service, experience managing legal assistants, and superb analytical, organizational and case management skills are expected. We strive for excellence in legal practice in a collegial environment, promoting cooperation and learning from each other. We offer competitive salary and benefits. Please submit your resume via email to careers@usabal.com or by fax to 415-391-1642.

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.

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.

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).

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Letters

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

Dear Editor:
I'll tell you what "harm" can be done, Chicken's letter, slandered me publicly by accusing me of an ethical violation, when in fact none had occurred. In response to Duncan, Chicken said "If there is no issue, then, there is no issue." Well, Chicken, there is no issue, Ms. Nhea (a paralegal intern finishing her practical training pre-certificate issuance) has been retained in her employment with the contractor, with CIS approval, although exercising the utmost of caution, and having finished her internship at InterCoast Colleges, she is no longer associated with my office. In fact, there was no issue, but had Chicken called me, instead of accusing me of unethical conduct, the world would be a happier place. If Chicken, has an opinion, Chicken is welcome to share it, but freedom of speech does not allow Chicken to recklessly cast unwarranted aspersions on a lawyer's ethics, and then like a coward, hide behind a cloak of secrecy. Like your namesake, Chicken Little, in the children's nursery story, who cried "The sky is falling, the sky is falling", you cried "Maybe the sky is falling, maybe the sky is falling, and if it is, then David D. Murray lacks ethics." David D. Murray does not lack ethics, and proves it each time he signs his name to his written opinions, unlike Chicken, who akin to the Ku Klux Klan, dons a hood of anonymity, not once, but twice. Shame, shame, and double shame. And thank you, Duncan, for your support.

David D. Murray, Esq.

Dear Editor:
I was reading on ILW.COM about Section 212(c) relief. Has this section been affected by a recent regulation or other law dated September 28, 2004? I did research on it for a case in which the Respondent pled guilty to a drug crime in February 1995. (he had been arrested in 1993 and has been in jail ever since). Now that he has served his time, he is in depoirtation proceeding. The judge said at the Master Hearing that he was not eligible for this relief because he served more than 5 years and a reg from Sept 28, 2004 affected him. I have been searching and cannot find anything. Does anyone know of any new reg or law affecting Section 212(c) relief?

Dwight Day
Passaic, NJ


comingsNgoings

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

New Office
David Asser has opened his own law firm in Arizona. The law firm is dedicated to helping individual clients and small businesses with all immigration matters. The services include training and consulting on global immigration matters, work permits and visas. The Law Offices of David Asser is located at 13433 N. 13th Street, Phoenix, AZ 85022. Ph (602) 228-9773. Fax (602) 334-1233.


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

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