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Immigration Daily May 12, 2006
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Focus

Consular Processing - IV Issues

The curriculum for the May 18th phone seminar session is as follows:

Considerations in Consular Processing.

  • Unlawful presence and effect on application
  • Risk that the applicant's visa and/or immigration history may result in delay or denial.
  • Readjudication of labor certifications, visa petitions and qualifications of applicant.
  • Considerations in consular policies in processing employment-based immigrant visas on the basis on an original notice of approval of the I-140 and consular acceptance of third country national immigrant visa cases, per DOS Cable 180792, "Processing I-140 Petitions for Applicants Residing in the U.S." (Which DOS posts accept? Refuse? Which are undecided?; Processing an IV on the basis of an original notice of approval can save years of waiting. What can attorneys do to increase consular receptivity to such processing, particularly where there are no fraud indicators (Cases with low/no fraud indicators.))
"Following-to-join" issues.
  • Documents to file with the consular posts.
  • When can principal alien's entitlement to LPR status be readjudicated at the IV interview of the "following-to-join" spouse or child?
  • When may the IV issuance be properly delayed and for how long? (Issue arises in Manila when principal alien adjusted status as a nurse; Issue arises when principal alien adjusted status as an asylee or through legalization; Issue arises when consular officer questions whether principal alien in F2A (unmarried minor child) and F2B (unmarried, adult son or daughter) cases is maintaining his/her principal place of residence and domicile in the United States at the time of the interview.)
Considerations in family-based petition cases.
  • When blood relationship questioned, may attorney insist on DNA test and through what mechanism? Often much time would be saved through DNA testing, particularly when the alternatives are returning an approved petition to CIS and/or awaiting the outcome of a local investigation.
  • Strategies to resolve relationship questions locally in lieu of petition return to CIS.
  • I-864 issues (E.g. Whether petitioner "resides" in the United States.)
Processing of an "Age-Out" Case.

Processing of a Child Status Protection Act (CSPA) Case.

"Portability of an approved alien labor certification and I-140" to immigrant visa processing.

The deadline to sign up is Tuesday, May 16th. For more info, including speaker bios, detailed curriculum, and registration information, please see: http://www.ilw.com/seminars/april2006.shtm. (Fax version: http://www.ilw.com/seminars/april2006.pdf


Article

Starting A New Firm - Top 10 Mistakes To Avoid And Top 10 Tips For Success
Edward Poll writes "Despite all the publicity about consolidation and the rise of megafirms, the majority of lawyers will likely open their own law firm, or start one in partnership with just a few other lawyers."


News

USCIS Memo On Legal And Discretionary Analysis For Adjudication
USCIS Acting Deputy Director Divine issued a memo dated May 3, 2006 on the importance of carefully analyzing the factual findings, legal requirements, and discretionary factors in adjudicating applications and petitions.

USCIS Interim Guidance On Criminal History Disclosures
USCIS Acting Deputy Director Divine issued a memo dated May 3, 2006 to provide interim guidance to USCIS adjudicators regarding when it may be appropriate to disclose certain information relating to a visa petitioner's criminal history to potential visa beneficiaries.

USCIS Adopts Decision On H1B Recapture
USCIS Acting Deputy Director Divine issued a memo dated October 18, 2005 adopting the AAO decision on recapture of time spent outside of the US.


Classifieds

Help Wanted: Immigration Paralegal
Hogan & Hartson, LLP, a prominent Washington, D.C. law firm seeks top-notch business immigration legal assistant. Bachelor's degree and minimum 2 years business immigration experience required. Candidate should have solid background in preparation of all business immigration flings: H-1s, L-1s and TNs and labor certifications. Successful candidate should also have superior organizational and interpersonal skills; excellent oral + written communication and attention to detail, plus the ability to work independently as well as part of team. Outstanding benefits and work environment, convenient Metro Center location, 401(k), back-up childcare center, competitive salary and structured bonus program. EOE M/F - please email resume + cover letter to Dayna Lusby, Legal Assistant Manager: LAResumes@hhlaw.com.

Help Wanted: Immigration Paralegal
Midtown NYC - 13 person immigration law firm seeks paralegal with 2+ years of experience with business applications: nonimmigrant and immigrant. Experience with family based, naturalization and other application a plus. Ideal candidate has BA degree, is detail oriented, organized, conscientious. Candidate must also possess excellent writing, communication & case management skills. Competitive compensation package offered. Email resume + cover letter in MS Word format to mneedleman@levittandneedleman.com.

Help Wanted: Immigration Paralegal
Fragomen, Del Rey, Bernsen & Loewy (FDBL) seeks to hire an experienced paralegal for its Washington D.C. office. FDBL offers a career position requiring a wide range of skills in a fast-paced setting for the right candidate. Our ideal candidate has 2+ years experience with all aspects of business immigration and will have the benefit of attorney supervision and guidance. Responsibilities include: preparation of all types of immigrant visa petitions, labor certifications (PERM), adjustment of status and consular processing applications, and preparation of all types of nonimmigrant visa petitions (particularly Hs, Ls, and TNs). Paralegal 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 team resource. Comprehensive compensation pkg. Fax resume + cover letter to Allison Bettridge, HR/Office Manager, at 202-371-2898. For addtl info, please contact Ms. Bettridge at 202-223-5515. FDBL is an equal opportunity employer.

Help Wanted: Immigration Attorneys
New York, NY - Full-time and part-time positions available at a boutique business immigration law firm in Midtown. We enjoy a diverse practice with a lot of client contact. Candidates must be detail-oriented, organized, self-starters, with excellent writing and interpersonal skills. Positions available for those with 1-2 years experience, and 2-5 years experience. Salary DOE. Fax resume + cover letter in confidence to: M. Bailey at (212) 818-0625 or email: mbailey@cohenlawfirm.com.

Help Wanted: Immigration Professional
Washington DC - Amnesty Intl (AI) seeks a Director for its Refugee Program. Duties: develop dynamic strategies to promote int'l human rights law and standards pertaining to refugees/asylum-seekers/other forcibly displaced persons; develops responses & actions on important policy questions, promotes AI's positions with Congress and federal agencies, and analyzes emerging areas of law; produces reports & activities for AIUSA's members concerning US asylum/refugee policy and works with AIUSA's membership structures to promote needed changes in US policy; maintain AI's standing among coalition partners. The AIUSA Refugee Program works in coordination with other AI national sections. Bachelor's degree required (advanced degree preferred) and 7+ years of professionally related work experience on refugee/asylum issues. Excellent knowledge of int'l legal standards related to asylum/refugee status. Excellent writing and analytical skills. Knowledge of int'l refugee issues and experience working with int'l refugee protection agencies highly desirable. For more info, see here. Send resume + cover letter to humanresources@aiusa.org or fax 202-546-7142. No calls please. EOE. Position open until filled.

Help Wanted: Immigration Paralegal
NYC based Immigration Law Firm, Keshab Raj Seadie, P.C., needs experienced paralegal. Immigration paralegal responsible for about 100 open files (50% PERM labor certs, 50% other non-immigrant visa applications). Job duties include preparing: non-immigrant visa applications, family sponsored adjustment of status, employment-based immigration applications; processing consulate processing; and assisting attorneys in removal/deportation proceedings. Must have at least 2 years of solid experience with positive references. Other requisites include: computer literacy, excellent oral/written communication skills, great organizational skills; attention to detail; self-motivated and professional in attire, demeanor and workmanship; Excellent people skills. Fluency in Japanese or Chinese helpful. Please include salary requirements when submitting your resume to immjobsnow@hotmail.com.

Help Wanted: Immigration Attorney
The Law Offices of Lichtman, Trister & Ross, an eight attorney firm, seeks an associate with 2+ years immigration law experience to join its immigration group comprised of two attorneys and two legal assistants. Located in Washington D.C.'s Dupont Circle in a collegial environment, the practice consists primarily of business immigration with some family cases and adjustment of status interviews. Excellent writing skills and attention to detail are essential. Competitive salary and benefits are offered. Send cover letter, resume, + writing sample to Elliott Lichtman, elichtman@ltsrlaw.com.

Help Wanted: Immigration Attorney
Sidley Austin LLP, a global law firm, seeks a staff attorney for its downtown Chicago office. The ideal candidate has 2-3 years or more experience in business immigration, with excellent writing, communication and organizational skills. Competitive salary and benefits. Please send cover letter, resume, + writing sample to Timothy Payne at tpayne@sidley.com. Expressions of interest will be held in strict confidence.

Case Management Technology
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comingsNgoings

Readers can share their professional announcements (100-words or fewer at no charge), email: editor@ilw.com. Readers interested in learning about featuring your event or conference in Immigration Daily, see here.

New Appointment - Immigration Chair
Wilner & O’Reilly, APLC is pleased to announce that Robert DuPont, Managing attorney of the W&O office in Beverly Hills, has been appointed Chair of the Immigration Committee for the Beverly Hills Bar Association (BHBA). The Immigration Committee is currently extending an invitation to Los Angeles-area practitioners interested in joining BHBA and participating with this committee. You may contact Robert DuPont at: rdupont@wilneroreilly.com.


Letters

Readers are welcome to share their comments, email: editor@ilw.com (300-words or fewer preferred). Many letters to the Editor refer to past correspondence, available in our archives.

Dear Editor:
Cristina's letter (05/11/06 ID) shows the hypocrisy of some of those who support illegal immigration. They're perfectly fine with sending the "others" back, as long as the illegal aliens they favor continue to be exempted from having to follow the law. The simplest, fairest solution all the way around? If you're here illegally, you're out of here.

Ali Alexander

Dear Editor:
In response to ID's 05/10/06 ID comments regarding the roles of the DOD, DOS vs. DHS, you're absolutely correct.

Rismoen

Dear Editor:
I want to thank Immigration Daily for providing Ali Alexander and other like-minded letter writers with a forum to spew racism and hate for immigrants.

Jose Monge
Lexington, SC

Dear Editor:
Senator Frist commented that the main priority regarding immigration legislation will be to secure our borders from possible terrorist threats and continuous illegal immigration. It appears that any new amnesty passage has little chance this year if ever.

KO


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. Copyright 1999-2006 American Immigration LLC, ILW.COM. Send correspondence and articles to editor@ilw.com. Letters and articles may be edited and may be published and otherwise used in any medium. The views expressed in letters and articles do not necessarily represent the views of ILW.COM.

Publisher:  Sam Udani    Legal Editor:  Michele Kim                        ISSN:   1930-062X


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