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Immigration Daily March 9, 2007
Previous Issues
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Comment

CT Halts Sponsor Suit

According to a Hartford Courant news story, "The state Department of Social Services has stopped collection actions against sponsors of legal immigrants who have received public assistance. Because of the questions raised about the complicated legal processes, our commissioner and the attorney general have agreed that collection efforts should be temporarily suspended pending a joint review to make sure all legal standards are being met," said David Dearborn, a spokesman for DSS." For the full story, see here.

We welcome readers to share their opinion and ideas with us by writing to editor@ilw.com.


Focus

Fighting Crime: A Workshop For Immigration Lawyers

ILW.COM is pleased to announce an all-day, in-depth workshop, led by renowned scholar Lory Rosenberg, "Fighting Crime: A Workshop for Immigration Lawyers". This workshop features the following distinguished panelists: Matthew L. Guadagno, Dan Kesselbrenner, Peter Markowitz, Angelo A. Paparelli, Sunita Patel, Judy Rabinovitz, Laura Kelsey Rhodes and Manny Vargas.

Session I - 9:00-10:30a:
Panel 1: Gotcha - Understanding Apprehension and Removal

  • Concepts and acronyms used by DHS and in immigration court
  • Apprehensions and standards for release from detention
  • Expedited removal and removal proceedings
  • Crime-related grounds of inadmissibility and deportability
  • Defining "conviction" and "sentence" in the immigration context
  • Good moral character standard
Panel 2: Locked Up - Special Detention and Custody Challenges
  • "Arriving aliens"
  • Mandatory detainees
  • Release and revocation standards
  • Prolonged post-removal confinement
  • Appeal and habeas corpus procedures
Session II - 10:45a-12:15p
Guilty As Charged - Understanding Immigration Consequences
  • Interpreting consequences: categorical analysis under Taylor v. United States; record of conviction under Shepard v. United States
  • Assessing a "crime of moral turpitude" based on intent and other statutory elements in DUI, larceny, assault, domestic violence
  • Defending "crimes of violence" under Leocal v. Ashcroft
  • Defeating drug trafficking charges based on misdemeanor controlled substance possession after Lopez v. Gonzales
  • Avoiding aiding and abetting under Gonzales v. Duenas-Alvarez - underlying offenses and helping crimes
  • Accounting for sentencing factors; effect on inadmissibility, good moral character, and eligibility for relief from removal
12:15-1:45p - Luncheon Speaker: Angelo A. Paparelli

Session III - 1:45-3:00p
Delicate Handling - Plea Options Before and After Conviction

  • Working with criminal defense counsel - before conviction: researching state interpretations; plea and sentence options, avoiding colloquies, pre-sentence report; contents of the record
  • Disclosures on DHS petitions and applications, and to DOS
  • Disclosures in naturalization application
  • Working with criminal defense counsel - after conviction:Vacation of conviction standards, Sentence modification, Motions in removal proceedings and appeals
  • Disclosure at port of entry and effect on re-entry
Session IV - 3:15-5:00p
  • Pleasing the Court
  • Critical evidentiary and procedural issues before the Immigration Judge and the BIA: burden of proof, suppression, termination, motions to reopen or remand, scope of discretion
  • Exhaustion of administrative remedies
  • Anticipating appeal at the BIA and in federal court
  • Final Impact - Preclusion, Discretionary Relief and Naturalization
  • Statutory eligibility standards for asylum, withholding of removal, cancellation of removal and naturalization
  • Effect of good moral character Preclusion on VAWA, cancellation and naturalization eligibility
  • Freestanding 212(h) waiver for inadmissible returning residents
  • "Particularly serious crime" standard for withholding of removal and asylum adjustment; violent crime standards under INA 212(h)
  • Discretionary decisions
  • Consideration of charges or convictions
  • Rehabilitation
  • Fifth Amendment rights
To register and for more info on the speakers, location, materials and testimonials, visit: Online http://www.ilw.com/workshops/march2007crimes.shtm.
Fax form http://www.ilw.com/workshops/march2007crimes.pdf. Save $100 if you register by the deadline of March 19th! Don't delay, sign up today!


Article

Permissible B-1 Activities
Paula N. Singer, Esq. writes "The most common immigration status for entry into the US for business is the B-1, visitor for business, which includes the visa waiver for business status."


News

USCIS Extends TPS Status To Sudanese Nationals
The USCIS published notice in the Federal Register that that the designation of Sudan for temporary protected status has been extended for 18 months to November 2, 2008, from its current expiration date of May 2, 2007.

Aytes Memo On NIW Petitions
Michael Aytes, USCIS Associate Director Domestic Operations issued a memorandum establishes interim procedures for adjudicating national interest waiver (NIW) immigrant petitions and related adjustment of status applications filed on behalf of physicians practicing in medically underserved areas or at facilities operated by the Department of Veterans Affairs in light of the Ninth Circuit Court of Appeals decision in Schneider v. Chertoff, 450 F.3d 944 (9th Cir. 2006).


Classifieds

Help Wanted: Immigration Paralegal
Houston, TX (Galleria area) - Law office of Judith G. Cooper, P.C. seeks legal assistant with experience in all aspects of employment-based immigrant and non-immigrant law. Candidate should have excellent computer, writing, case management and interpersonal skills. Send resume to Administrator by fax: (713)-622-8078 or e-mail CCooper@immigration-visas.com.

Help Wanted: Immigration Paralegal
13-person midtown NYC immigration law firm seeks paralegal with 2+ years of experience with business applications: nonimmigrant and immigrant. Experience with family based, naturalization and other applications 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. Please email resume + cover letter in MS Word format to Marcia N. Needleman, Esq. at mneedleman@levittandneedleman.com.

Help Wanted: Immigration Attorney
San Francisco, CA - USCIS Office of Chief Counsel (OCC) seeks experienced attorney for the position of Associate Regional Counsel, Western Region. Responsibilities include, but not limited to, serving as attorney providing on-site legal advice to local District Office USCIS personnel on issues involving immigration related adjudications, inadmissibility and deportability grounds, and national security. Applicants must possess JD degree, be active bar member, and have at least two (2) years of post JD experience. Applicants must submit resume + writing sample not to exceed 10 pages. Send cover letter, resume, + writing sample to James.Butcher@dhs.gov. All submissions must be received by close of business Tuesday, March, 6, 2007. GS14-GS15 levels and is open until filled. No relocation reimbursement available. For more info, key in Job Announcement Number: CIS-COU-2007-0002 at USAJobs.com.

Help Wanted: Immigration Attorney
Chicago, IL - Laner Muchin, one of the nation's oldest labor law firms, seeks experienced immigration attorney with significant employment-based immigration experience, including PERM labor certifications. Laner Muchin successfully recruits quality candidates on a national basis. We provide opportunities to handle challenging responsibilities and exciting projects; have highly competitive salaries and benefits; informal, unpretentious office atmosphere; and demonstrate an excellent record of elevating associates to partnership. Position requires excellent academic credentials, 3+ years substantial experience in all aspects of employment-based immigration and strong case management, communication and writing skills. Spanish, Japanese, Chinese, Korean and/or other foreign language fluency a plus. Ideal candidate must be client-service focused and thrive in a challenging and fast-paced environment of congeniality and respect. Only qualified candidates will be considered. E-mail cover letter + resume to immigration@lanermuchin.com. We are an affirmative action/equal employment opportunity employer. Women and minorities encouraged to apply.

Help Wanted: Immigration Paralegals
Chicago, IL - Laner Muchin, one of the nation's oldest labor law firms, has openings for full-time U.S. immigration paralegals. As part of our philosophy of providing cost effective counsel, whenever legal tasks can be done by a paralegal, the client benefits. Our paralegals have the opportunity to contribute to a growing immigration practice and do challenging work. Ideal candidates must have 1+ years of substantial experience in employment-based immigration, including substantial PERM labor certification experience. Successful candidates must be highly motivated, detailed-oriented and have outstanding communication, case management, computer and people skills. College degree required. Chinese, Korean, Japanese and/or other foreign language fluency a plus. Competitive compensation package + excellent benefits offered. E-mail cover letter and resume to immigration@lanermuchin.com. We are an affirmative action/equal employment opportunity employer. Women and minorities are encouraged to apply.

Credential Evaluation And Translation
As the nation's leader in foreign credential evaluations and translations, American Evaluation and Translation Service, Inc. (AETS) provides the most competitive rates in the industry – $50 educational evaluations, as well as $200 'expert opinion' work experience and position evaluations completed by PhD university professors who have the "authority to grant college level credit for work experience and/or training." AETS offers a variety of turn-around times, including same-day service for educational, work experience, and position evaluations. For list of rates and times, see: http://aetsinternational.com/applicationforevaluationservices.pdf. AETS also provides certified translations in 100+ languages, with translators that are specialists in 80+ fields. For a copy of the Application for Credential Evaluation and Translation Services, please contact AETS at (786) 276-8190, visit http://www.aetsinternational.com, or email: info@aetsinternational.com.

Case Management Technology
Judge an immigration management system (IMS) by: (1) what it empowers you to do (2) what its customers say (3) its track record. 1. What you can do - manage client relationships - optimize your operations - assemble documents automatically from a database - share calendars, notes, alerts, and reminders - work anytime, anywhere with Microsoft Office alongside your IMS and more. More, like tailoring an IMS to your needs. Others claim their packages are customizable, but you may need their technician plus hundreds of hours from your staff to get what Tracker gives you out-of-the-box. Mature yet flexible, Tracker lets you easily configure your ideal system. 2. What customers say - "Choosing ImmigrationTracker was a no brainer." -Steve Clark, Flynn & Clark "ImmigrationTracker is head and shoulders above the rest." - Bruce Larson, Mayo Clinic. 3. Track record - top law firms who license immigration management software, choose Tracker: 90% of practicing Past AILA Presidents, 86% of the 25 largest immigration firms (IndUS Business Journal, 2006), 75% percent of the AMLAW 200 (American Lawyer Media, 2006). Did others promise you the moon and deliver dusty cheese? Make up for lost time. Reserve your private Tracker demo. Call 1-888-466-8757 ext. 278 or email sales@immigrationtracker.com.


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. To feature your newsletter in Immigration Daily, see here.

New Partner - Atlanta, GA
Kuck Casablanca LLC is pleased to welcome its newest partner, Maria M. Odom, Esq. Maria Odom brings her years of success and experience in the area of deportation defense to lead Kuck Casablanca’s Litigation Group in the 21st Century immigration arena. A former partner at Antonini, Odom & Sullivan, LLC, Ms. Odom is well known for her work in complex asylum matters, high-profile immigration removal cases, and cancellation of removal litigation. Tel.: 404-949-8176. modom@immigration.net. www.immigration.net.

Immigration Event - San Francisco, CA
Internationally Recruited Nurses: Creating Positive Practice Environments, March 19-20, 2007, San Francisco. This conference focuses on strategies that create a positive work environment and facilitate the successful integration of internationally recruited nurses into the health care team and provides a better understanding of the immigration processes related to internationally recruited nurses. Co-sponsored by the American Nurses Association and the International Centre on Nurse Migration. For details, see here. For the registration form, see here. ILW.COM is pleased to be a media sponsor for this event.


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:
According to a fact sheet issued by U.S. INS on May 25th, 1999, Medicaid is not subject to "public charge" (see 03/08/07 ID comment). Non-cash benefits and special purpose cash benefits that are not intended for income maintenance are not public charge. Medicaid, that is used for supporting aliens who reside in an institution for long-term care such as a nursing home or mental health institution will be a "public charge". Shored term institutionalization for rehabilitation is not subject to public charge. I do not know what is the basis for the government to collect the payments in this case.

Sufen Hilf, Esq.
Franklin, MI

Dear Editor:
I respect, even though I often disagree with Mr. Murray's writings and I apologize for my comment regarding Mr. Algase's letter's as therapy (see 03/08/07 ID). Though the adverb in my letter to describe (on March 7) Mr. Algase's more recent writing was "chivalrously", I was (and remain) very upset with Mr. Algase's letter's accusation that most Americans are racist, or at best should be treated as suspect racists. In retrospect, I recognize that accusing Mr. Algase's viewpoints of appropriating a vision of oneself as superior to the common mass by attributing convenient but false motives to a broad class of people is morally of a piece with the way my letter accused of so doing. I agree with Mr. Murray's letter's point about attacking people's arguments, or what they have written. My letter should have dispensed with the therapy comment, but I stand by the assertion that by setting the bar for what constitutes "racism" so low among American whites, or Anglos, or whomever, one opens oneself and whatever one's favored ethnic group du jour is to a most unfavorable examination. Americans are the most open, least racist people I have ever met, and I write that as a relative newcomer. Immigration proponents who pretend otherwise not only lower themselves by tossing slurs about, but hinder the cause of a rational, open immigration system.

Honza Prchal, Esq.
Birmingham, AL

Dear Editor:
Responding to ID's comment (03/09/07 ID) AOS sponsors sued. It seems the catholic church, University Hospital in Omaha, the Swift packing plants should bear the cost of the illigals they have been sponsoring. It is not up to the lower middle class to bear the cost of education, medical, and free use of public facilities. Since the church, which is not allowed to become involved in political movementws, have indeed been assisting illigals in placement in the community, and at the same time, their hospitals, catholic owned, have favored the illigals in the hospital costs. As for us we had to, like thousands of other Americans who were legal, leave the country to survive. I agree with Massassachusetts that those who aid illigals should pay the whole bill rather than pawning off the costs to the lower middle class while having no empathy for legal u.s. citizens. These parties are indeed changing the distribution of income by giving illigals breaks as are ADC recipients. Now the welfare of the states has grown from 38 million to 44 million. The middle class is being phased out in NAFTA, outsourcing, insourcing. Now the upper middle class is beginning to feel the pinch. The domino effect is backing up the entire system. In foreign countries, citizens have protected their jobs, and medical goes to those who are willing to work. America is the only country where you see those who do not advantage themselves to make a living get free medical, while those working are going without to the tune of 46.5% of American citizens having no accrss to medical. Its really strange to see the hordes of people coming to University Hospital daily with their red and white freebee cards, while working people, citizens go without. Its really sick.

David Utterback

Dear Editor:
It's interesting that China put restrictions on their own mainland citizens not to immigrate freely to certain wealthy metropolitan cities like Shanghai, Beijing etc. and also the S.A.R regions like Hongkong or Macau. The reasons behind this policy are for avoiding overcrowding and increase in social illnesses such as crime and welfare issues. I can't imagine if we have similar restrictions being put on residents of New Orleans or other poorer US citizens living in less developed states or rural areas not to be able to move out to better themselves at other states or cities. I firmly believe this kind of restriction violates our human rights. Beijing has solution on this development gap by pouring so much money to build the rural areas and its interior provinces like Tibet and Xinjiang, so people over there don't need to find jobs and better living in Shanghai, as residents in interior provinces and rural prosper off course this restriction will no longer necessary. If we don't want immigrants from Mexico coming in here, first we must erase the border at all, USA and Canada must help Mexico to combat crime there and invest heavily, so Mexico will be as great as Canada and USA to live, work and do businesses. As West and East Germany reunited, wealthier west Germans must sacrifice a bit. There's some dissent off course, since those "communist" brothers would "steal" their jobs and lower their living standard but in the long term this issue will diminish. Immigration issues will never satisfy selfish people, who think they deserve anything for granted, forgetting other humans have rights to better themselves as well and they are living in a competitive live and world.

Robert Yang


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 1995-2007 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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