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Immigration Daily

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Immigration Daily May 5, 2004
Previous Issues
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Editor's Comments

AGJOBS: Legalization For Half-Million

A recent news report from the Hill reports that the Agricultural Job Opportunity, Benefits, and Security Act, or AGJOBS has signed on its 60th co-sponsor, paving the way for the bill to clear the Senate. Although AGJOBS is among many immigration reform initiatives introduced this year in Congress, AGJOBS, with bi-partisan support, may be one of the few major immigration-reform measure to become law. AGJOBS could potentially qualify approximately 500,000 undocumented workers for permanent residency, no small number. Read Immigration Daily to keep informed of the latest developments.


Grant Me This Much: Obtaining Immigration Benefits From The USCIS Regional Service Centers

Over a year has passed since Congress interred legacy INS and gave birth to USCIS. Enough time has now elapsed to assess this new bureau, evaluate its practices, and get a sense of whether the agency has transcended the pangs of birth.

The consensus among immigration lawyers is decidedly morose. Old-timers bemoan the days when attorney fees were high and denials few. New practitioners wonder if they can survive the rising tide of delays, rejections, higher filing fees and mounting client disappointment.

Well, Immigration Lawyers, stop crying in your latte! Take positive action, and stop attending your pity parties. Sign up for an ILW.COM three-part teleconference that will help you achieve winning ways with the USCIS Service Centers. Hear leading immigration lawyers offer specific and tangible strategies that can inject success into your immigration practice. Jump-start your attitude, sharpen your skills and refine your approach to immigration lawyering. Sign up today!

FIRST Phone Session on May 27:

  • Do You Know your Service Center? - Mastering Regional Variations in Service-Center Policies and Practices
  • Up a Crick with a Paddle: Maneuvering Safely through the Shoals of Cryptic Statutes, Unpublished Regulations, Policy Memoes and Informal Agency Letters
  • Gross (Error) Me Out - "You Said I Could Work Here, So Why Did You Renege"?
  • E-Filing Update: More Digital Forms on the Way - But When Will They Be User-Friendly?
  • Premium Processing - How to get the Most out of Concierge Service
  • Expedited Adjudication - When You Need It Quick But They Won't Take Your $1,000
  • Sole Jurisdiction/Centralized Filing - What's Left of the Good Old Days?
  • Do You Read Me? - Finding the Gold in Service Center Processing Guidelines and USCIS Websites.

SECOND Phone Session on June 24:

  • Getting to Yes: Strategies that Spawn Service-Center Success.
  • Dodging the Bullet: Ways to avoid the RFE, the NO, the NOID and the NOIR
  • Shake it Like a Polaroid Picture: Creative Uses of Graphic Evidence
  • Surf's Up: Web-Trolling for Approval Notices
  • What's Your Specialty? - Solutions for Evolving Occupations, Education Mismatches and Workers without Sheepskins
  • Succeeding at Successorship: Service Center Compliance Strategies for Corporate Makeovers
  • Oops I'm Late! - Establishing Extraordinary Circumstances and Reasons for Forgiveness

THIRD Phone Session on July 8:

  • When Merely Good is Not Enough: Proven Ways to Establish Extraordinary, Exceptional, Outstanding, and National-Interest Eligibility
  • Portable or Unsupportable? - New Case-Saving Strategies for Mobile Workers
  • Penny for Your Thoughts: Demonstrating Ability to Pay at All the Right Times
  • I Feel the Earth Move under My Feet: Winning Motions at the RSCs
  • Hi Ho, Hi Ho, Its off to the AAO your Competitors Go!
  • How can Headquarters Help? - When it's Time to Go up the Chain
  • Getting by with a Little Help from Your Friends: Working with the USCIS Ombudsman, Congressional Liaison and the Media.
The deadline to register is Tuesday, May 25th. For more info, including detailed curriculum, speaker bios, and registration information, see: (Fax version:

Featured Article

Health Worker Shortages And The Potential Of Immigration Policy
Rob Paral for the Immigration Policy Center writes "Foreign-born and foreign-trained professionals play an important role in the delivery of health care in the US."

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

Misrepresentation Of Participation In Nazi Camp Precludes Naturalization, Citizenship Under DPA
In US v. Demjanjuk, No. 02-3529 (6th Cir. Apr. 30, 2004), the court said that Defendant was not legally eligible to obtain citizenship under the Displaced Persons Act of 1948 (DPA) because upon signing his application for immigration visa, Defendant, a Nazi guard during World War II, knowingly misrepresented material facts, leaving his entry to the US unlawful and naturalization illegally procured.

Attorney General's Revocation Of Approved Visa Petition Is Precluded From Judicial Review
In El-Khader v. Monica, Interim District Director, Bureau of Citizenship and Immigration Services, No. 03-2178 (7th Cir. Apr. 29, 2004), the court said that revocation of a previously approved visa petition under 8 USC 1155 was a discretionary decision, precluded from judicial review pursuant to 8 USC 1252(a)(2)(B)(ii).

Democrats Introduce Legalization Proposal
The Desert Sun reports "Top Democratic lawmakers, immigration advocates and union leaders are pushing legislation that would legalize millions of undocumented immigrants and permit up to 350,000 foreigners to work in the US on temporary 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 Immigration Attorney
Reeves & Associates (R&A), one of the largest, oldest and most successful full service immigration law firms in California seeks an Immigration Attorney with 3+ years experience in business immigration for its Pasadena, CA office. R&A offers a career position in a fast-paced environment for the ideal candidate. Candidates must have experience with immigrant visa petitions, Labor Certifications (RIR & Traditional), EB 1 & 5s, E-1 & 2s, Hs, Ls & O/Ps. He/she should be detail oriented, highly organized, have people and case management skills, have excellent writing and communication skills and be able to multi-task and manage a challenging and varied workload. R&A has an experienced support staff, state of the art technology and unsurpassed growth and learning potential. R&A offers an excellent salary & benefits package. All applications confidential. Send writing sample, resume and salary history to HR Dept. at or fax to (626) 795-4999. Incomplete submissions will not be considered.

Help Wanted: Paralegal/Legal Assistant
14-person midtown-based NYC immigration law firm seeks paralegal with 2+ yrs of experience with business immigration applications. Experience with other types of petitions - family, natz, etc is a plus. Ideal candidate has BA degree, is detail oriented, organized, conscientious and available to work OT on an as needed basis. Candidate must also possess excellent writing, communication & case management skills. Competitive compensation package offered. Email resume & cover letter to Marcia N. Needleman, Esq. at:

Help Wanted: Experienced Immigration Attorney
Small quality immigration firm based in lower Manhattan seeks qualified immigration attorney with two-four (2-4) years experience, for key position. Candidates should be familiar with family-based immigration and have experience representing clients at adjustment of status, 751 and naturalization interviews. Good research skills required. Experience with employment based immigration, H/L visas helpful. Seeking a conscientious, well-organized person who can work independently in this busy, rewarding environment. Position involves heavy client contact. Please forward resume + cover letter in confidence to:

Help Wanted: Experienced Immigration Attorneys
Jackson & Hertogs, based in San Francisco, CA, seeks experienced associates to work in multifaceted roles on a wide range of both nonimmigrant and immigrant cases. Successful candidates must be highly accountable individuals who take initiative and consistently deliver exceptional client service. Ideal candidates should possess the following: JD and licensed to practice law in the US; 2-5 years experience in employment-based immigration law; strong legal research and writing skills; highly motivated and detail oriented; excellent oral and written communication skills; excellent PC skills including Word, Excel, Powerpoint, email applications and immigration database/forms software. Prefer experience with ARIA software. For consideration, submit a cover letter, resume, writing sample and references to Jennifer Wadhwa, Human Resources by mail at: Jackson & Hertogs, 170 Columbus Avenue, Fourth Floor, San Francisco, CA 94133 or email at:

Help Wanted: Experienced Immigration Attorney
Immigration Lawyer (midtown NYC) - 14 person fast-paced, leading immigration law firm seeks experienced immigration lawyer with minimum of 5+ yrs' exp. in varied business visa practice: H, L, E, O, labor certifications, EB1-1 etc... Must have in depth-knowledge of laws & procedures, excellent writing, communication & organizational skills. Must be detail-oriented, able to manage a large case load and to work independently. Competitive compensation package offered. Please submit cover letter & resume to Marcia N. Needleman, Esq. at

Case Management Technology
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We carry advertisements for Help Wanted: Attorney, Help Wanted: Paralegal, Help Wanted: Other, Positions Sought, Products & Services Offered, etc.
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Letters to the Editor

Dear Editor:
The AILA election links do not appear to be working.

Cecelia Espenoza

Editor's Note: All links are checked prior to publication. The links work correctly. For T. Douglas Stump,,0504-stump.pdf. For Brian K. Bates,,0504-bates.pdf. For Bernard Wolfsdorf, If you still experience trouble opening these files, you may have an older Adobe Acrobat version (4.x or earlier).

Dear Editor:
Referring to the article by Mr. Marc Ellis, something has to be done about the consulates. They have probably gotten by because they are "out of sight..." and most of their activities go unnoticed. Most people don't know how to appeal their decisions. Granted, there are some good consulate employees. (I worked at the Honduras embassy for a few months). We recently had a case in Shenyang China where the applicant was requesting a B1 visa. He has extensive business properties in China. He sent a container with some of his product for a scheduled meeting in the States. He was coming with an interpreter and has a US sponsor. We sent cables, memo's, emails, to the embassy in advance of his appointment explaining his situation (they responded once) when he showed up for the interview, they interviewed both separately. They asked him 2 questions, then the interviewer remarked "how can you do business in the US if you don't know how to speak English?" and with that, he was summarily denied. They tell me that the total interview took about 5 minutes. They were not given a chance to explain their case. Unbelievable. In another recent case, the DHS approved a P-3 visa for 1 year when the applicant showed up for interview, they told him that his visa was only approved for 6 months. When he complained, they told him that they don't operate under the same rules as DHS.

Ben Garcia

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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