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Immigration Daily

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Immigration Daily March 18, 2004
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Editor's Comments

AILA's Immigrants Action Alert

AILA recently began publishing "Immigrants Action Alert". This is a quarterly newsletter aimed at the immigrant community, seeking to educate the community about legislative matters and inviting members of the community to make their voices heard. This useful publication is available in both English and Spanish. We commend AILA for this community outreach and hope that this portends increased public relations and outreach efforts. For the current issue of Immigrants Action Alert, see here.


Roundtable With Department Of State Officials On Consular Processing Issues

Our new seminar series "Overcoming Hurdles In Consular Processing: Visa Procedures, Security Checks & The TAL" will feature the following speakers:

  • Department of State: Robyn Bishop (Mexico), Steve Fischel (Washington, DC), Leslie Gerson (Canada), Gary Sheaffer (Canada)
  • Attorneys: Avi Friedman, Sylvia Graves, Tien-Li Loke Walsh (Discussion Leader), Sharon Mehlman, Roszel C. Thomsen (Export Control Attorney)
The discussion will cover the following areas:
  • Applying for Visas - Are the Procedures Still the Same?
  • Navigating Through the Maze of Security Checks and Special Issues that Warrant Attention
  • Visas Mantis Hits and the Technology Alert List Why Scientists, Academics, Researchers, Engineers and Hi-Tech Professionals Should Be Concerned
The deadline to register is Monday, March 22nd. For more info, including detailed curriculum, speaker bios, and registration information, see: (Fax version:

[ Corrected. Ed. 3/18/04 ]

Featured Article

Understanding The H-2B Cap
Gregory Siskind writes "We expect that without Congressional action, the cap will be reached again next year, possibly even earlier than March."

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:

Immigration Law News

DHS Announces Arizona Border Control Initiative
The DHS announced the Arizona Border Control (ABC) Initiative, a multi-agency effort to stem illegal immigration. The ABC initiative will employ unmanned aerial vehicles to increase border surveillance of illegal activities.

USCIS Launches INFOPASS In Los Angeles
The USCIS released information on INFOPASS, the Internet-based appointment system to residents of the Los Angeles area that allows the public to schedule an appointment online, avoiding the need to wait in line. For the fact sheet, see here. For the press release, see here.

Date of Admission Under 237(a)(2)(A)(i) Is Date Of Alien's Lawful Entry Into US
In Shivaraman v. Ashcroft, No. 02-72436 (9th Cir. Mar. 12, 2004), the court said that the BIA erred in holding that Petitioner's "date of admission", for purposes of his removal proceeding, was not the date of his lawful entry to the US upon inspection and authorization by an immigration officer, which was more than five years before he committed his crime, but rather the subsequent date, a number of years later, of his adjustment of status to legal permanent resident.

24-Hour Deli Does Not Mean One Employee Must Work 72-Hour Work Week
In the Matter of Delion Delicatessen & Grocery, No. 2004-INA-9 (BALCA, Mar. 3, 2004), the Board of Alien Labor Certification Appeals said that Employer's statement that the deli was open around the clock, 7 days a week did not establish business necessity for a work schedule for 72 hours for the labor certification application.

INSPASS Receives Overall Positive Reviews
The New York Times reports "And as the government wrestles with proposals to create other registered-traveler initiatives, Inspass offers real-world lessons about the challenges and trade-offs that the concept presents."

Employers Seek To Carve Out Highly Educated Visa Exemption
ComputerWorld Magazine reports "Manufacturers and high-tech companies are starting a long-shot effort to persuade Congress to boost the number of visas allowed for foreign workers with advanced degrees from US universities as a way to get around a cap on visas."

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:


Help Wanted: Experienced Paralegals And Support Staff
Bratter Krieger LLP, a full service immigration law firm located in Miami Beach, FL seeks experienced paralegals and support staff to join its winning team. Paralegals must have minimum 2+ years experience in all business (NIVs-E, H, L, and O/P's) and family immigrant visa categories; EB-1 experience preferred. Bilingual skills are required (fluency in Spanish or Portuguese). Bratter Krieger LLP offers an excellent working environment plus a competitive benefits package. Applicants should be organized and motivated. Salary is commensurate with experience. Submit resume to Michael Work by fax: (305) 695-4398 or email:

Help Wanted: Legal Assistants
Leading immigration law firm, Tindall & Foster P.C., seeks qualified legal assistant applicants for its Texas offices in Austin and Houston. Positions require a university degree, strong writing skills, and Word, Outlook, Excel and Access proficiency. Foreign language fluency and immigration experience preferred. Training provided. Nonsmokers desired. We offer a competitive salary + benefits package (incl. paid parking). Austin applicants: Email resume to Robert Loughran at: Houston aplicants: Email resume to Kathryn Vidal at: Alternatively, resumes can be mailed to Personnel, 600 Travis Street, Suite 2800, Houston, TX 77002 (please indicate desired location). No calls please. EOE.

Immigration Law Books
Reserve your 2004 copies now. No immigration attorney should be without a complete, up-to-date reference library for all his/her primary resource needs. The 2004 edition of The Whole Act INA, provides annotations, footnotes, editorial notes, updated Topical Index with a separate Index of Appendices, and 49 Appendices, to help both novice and experienced practitioners alike efficiently navigate the complex labryinth of immigration statutes. The 2004 edition of regulations in 2 volumes (both immigration regulations 8 CFR and all immigration-related regulations of the DOL, DOS, and DOJ) includes the latest changes in the regulations + handy and most detailed Topical Indices for each. The 2004 edition of Patel's Citations, covering the history and treatment of all reported administrative precedent decisions under immigration and nationality law, keeps you abreast of the status and standing of all such immigration citations (e.g., reversed, affirmed, modified, followed or not followed, criticized, distinguished, etc.). This entire reference library consisting of the Act, Regulations, and Citations, is an indispensable reference tool that you will reach for day after day. Reserve your 2004 editions now. We offer a 30-day money-back guarantee. If you're not satisfied with your purchase within 30 days of receipt, you can request a full refund - no questions asked. The 2004 editions will arrive hot off the presses (target publication March 2004). For more information or to reserve your pre-publication advance copies see here.

Labor Certification Advertising
Do you place labor certification advertisements on behalf of your clients? USADWEB, LLC is the premier ad agency designed with the immigration attorney's needs in mind. Our job is to make your job easier. Our knowledgeable staff has experience with all types of recruitment media including newspapers, journals, Internet, college recruitment and more. We will provide you with expert guidance on placing advertisements and the lowest costs available from any publication. We offer one stop service and accountability for the entire advertisement recruitment effort. Our job is done only when we have mailed your client's tearsheet or affidavit to you. You can leave the worrying to us. Reduction in Recruitment (RIR) Advertisements: We will help you establish a recruitment pattern that is acceptable to the Department of Labor (DOL). Simply describe your advertisement needs to us, and we will work hard to satisfy those needs. We offer a wide range of services and bring to the table expert knowledge in DOL compliant advertisement. We work with you to help assure your certifications. Have you been asked to re-advertise based on industry layoffs? With only 35 days to respond to the DOL, you need tearsheets quickly. We make these situations simple and easy for you by providing prompt, efficient service and aggressive follow-up with publications to help ensure you get what you need to complete your case in timely fashion. Regular Labor Certification (RLC) Advertisements: Labor issues are constantly changing. With layoffs prevalent in many industries, many attorneys are turning to the regular labor certification process once more. Our knowledgeable staff can assist you in reviewing SWA (SESA) advertising instructions and placing advertisements. We will proofread your advertisements and place them promptly in the next available publication as SWA instructed. Give us a chance to handle your clients' recruitment needs. We will impress you! Please visit our website at: For more information, please contact us via email at: or call us at 1-866 USADWEB (1-866 872-3932).

We carry advertisements for Help Wanted: Attorney, Help Wanted: Paralegal, Help Wanted: Other, Positions Sought, Products & Services Offered, etc.
For information on advertising in the classifieds please click here

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Letters to the Editor

Dear Editor:
In response to Shariar Hafizi's article, I went through the fingerprinting and photography exercise at Chicago O'Hare and I did not find anything obnoxious in it. The staff were very courteous and helpful. I feel that it is a nation's right to frame any laws and regulations to bolster its security. The US still remains the most friendly country towards visitors and immigrants and only the people with an intention to misuse the freedom and liberty of the American society have a cause for concern with the new US VISIT procedures. After all, the procedures in the US are much better than those prevailing in some countries where you have to report to the police station every day of your stay. Imagine.

Yatinder Mahajan

Dear Editor:
Cyrus D. Mehta's article, which rightfully brings to light immigration consequences of the denial of same sex marriage has seemed to have sparked a controversy. In her rebuttal to Mr. Mehta's position, Esther Valdes seems to take an inconsistent position, one based on logic, the other based on misconception and religious belief. I beg to differ, and do not put any religious connotation on marriage. That's what makes this country great - separation of Church and State, and the belief that all should live free and have access to equal justice under the law. The government grants rights under the Constitution, not the Bible. I would just hope that any governmental decision to limit rights of citizens is based upon Constitutional, not religious principles. Our society, and our nation, is at a crossroads. Will gays be allowed the same freedom under the law as are heterosexual partnerships, or will narrow-minded religious zealots be allowed control the lives of others, people who believe, as does Ms. Valdes, that homosexuality is a "choice"? It is a wonder that Ms. Valdes claims that, "Homosexuality is an immutable characteristic . . .". I do agree with her that it is definitely an immutable characteristic of certain human beings, but not that it is a "choice", any more than is race a choice. Ms. Valdes concludes with the argument, "We must abide by the oath we took and uphold what is just and true." Just who are "we"? And "we" must be "true" to what? Her religious beliefs, her idea of justice? Do not include me in "we", and do not include me in any movement that would deny common decency and equal rights to any law abiding segment of our society.

David D. Murray, Esq.
Newport Beach, CA

Dear Editor:
In response to Esther Valdes' comments about gay marriage and lawyers advancing moral laws. As a product of an interracial marriage, I am particularly sensitive to people trying to legislate away human rights between consenting adults. Though gays may not have the same experiences as minorities, comparisons can be drawn in certain circumstances and I am not offended by the comparison in the least. Merely a few years before they met, my mother and father, would have been prevented, by law, from marrying. The same arguments against interracial marriages are being used today against gay marriage rights. Looking back today, those laws were clearly immoral and the arguments were clearly wrong and based purely on prejudice. Ms. Valdes' argument seems to stem from the adoption of a religious definition of marriage by many people and by our government. Although it is an incomplete definition as even the bible recognizes polygamy (which I don't think Ms. Valdes is advocating) and history has recognized that societies had gay unions in the past. The problem with using a religious definition of marriage to define a legal right is that it intrudes on the constitutional separation of church and state. What really should happen is that all state and local governments should stop issuing "marriage" licenses to anyone. They should issue a civil union contract to all couples and churches can issue marriage certificates. Laws change as society evolves. Those that don't evolve with the times are destined to be marginalized.

Justin G. Randolph
Carpenter & Capt, Chtd., Chicago, IL

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 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.

Editorial Advisory Board
Marc Ellis, Gary Endelman

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