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Immigration Daily

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Immigration Daily May 6, 2004
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Editor's Comments

Circuit Courts' Scholarship

As part of producing Immigration Daily, we read hundreds of opinions by the federal judiciary each year. It's been our privilege to read this large number of opinions since May 2000. Over the course of the years, we have seen some patterns in the opinions which we would like to share with the immigration law community.

The overall standard of writing in circuit court opinions is very high, and should make all of us proud to be Americans with such an eloquent and articulate federal judiciary on the circuit courts. While individual opinions from every circuit are exceptionally well-written, the 9th and 7th circuits manage to produce high quality writing on a very consistent basis. This is particularly interesting since these two circuits are generally regarded as being of opposite opinions on many legal issues connected to immigration. We are happy to note that scholarly writing is found at both ends of the legal spectrum on immigration law. We are constrained also to note here that the overall standard of legal writing at the 4th circuit is weaker than at its sister circuits.

The internet age has brought much larger readership to federal court opinions as a consequence of these opinions being posted on the court websites. We are proud to be part of the dissemination of the fine writing exhibited by our federal judiciary.


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. 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 Memos 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

Proper Posting Practice: Nurses And Unknown Worksites
Cindy J. Unkenholt, Esq. writes "For healthcare organizations with a large number of facilities and many open nursing positions, establishing the specific facility where a particular nurse will work a year or more in advance of the actual start date is impractical, if not impossible."

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

Republic Of Marshall Islands Citizens No Longer Require EAD Docs
The USCIS announced today, effective immediately, an unexpired Republic of the Marshall Islands passport with unexpired documentation showing admission under the Compact of Free Association is valid proof of work authorization for citizens from the RMI. For the press release, see here. For the Office of Business Liaison Bulletin, see here.

Key Informant In Immigration Fraud Case Takes The 5th
NY Newsday of Long Island, NY reports "A key informant in an immigration fraud case said she would invoke her right against self incrimination and would not testify in the case after allegations surfaced that she improperly skimmed more than $500,000 during the course of the undercover probe."

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:

Case Management Technology
If you're looking to grow your immigration business, efficiency is critical. Developed by veteran immigration attorneys, VisaPrep helps attorneys handle more cases and increase profitability with technology successfully used for immigration matters since 1997. Our easy-to-use, secure online solution helps you streamline immigration processing. With VisaPrep, non-legal functions are performed automatically to save time and reduce filing errors. Clients can check the status of their case online and you can easily monitor their cases online. And with our exclusive VisaPrep Response Wizard(tm), you'll be able to answer most client questions quicker than ever before. With VisaPrep, you get simple pricing, free training and unlimited support. Many immigration technology vendors make promises - VisaPrep delivers. Call 866-VISAPREP (866-847-2773) or e-mail us at to see a demonstration.

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:

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

For a listing of current immigration events please click here
For services/products of use in your law practice please click here

Letters to the Editor

Dear Editor:
The National Immigration Forum issued the following press release.

Maurice Belanger
National Immigration Forum

Dear Editor:
Lutheran Immigration and Refugee Service issued the following press release.

Ralston H. Deffenbaugh, Jr.
Lutheran Immigration and Refugee Service

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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