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Immigration Daily

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Immigration Daily June 25, 2004
Previous Issues
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Editor's Comments

Pat Buchanan And Ralph Nader Agree

An interview of Ralph Nader conducted by Pat Buchanan (see news item below) shows how representatives of the extreme right and left converge when it comes to their views on immigration. Ralph Nader is quoted as saying,

"RN: I don't believe in giving visas to software people from the Third World when we have got all kinds of unemployed software people here."

RN: "Because 14 million Americans are unemployed or part-time employed who want full employment or have given up looking for jobs. The more the minimum wage goes up, the more they will do so-called work that Americans wont do. They are not going to do it at $5.15 an hour and have another used car, another insurance policy, another repair bill to get to work, but they are much more likely to do it at $10 an hour."

That these statements were from Ralph Nader should not come as a surprise, as the sentiments are typically left-wing. What is surprising, however, is that Pat Buchanan who is viewed as conservative, agrees with these left-wing statements. Immigration makes strange bedfellows and transcends the usual left-right stereotypes.


Family Immigration: The Long Route From Love To Citizenship

The curriculum for "Family Immigration: The Long Route From Love To Citizenship" is as follows:

FIRST Phone Session on June 30th: 1.15pm to 2.45pm ET (10.15am to 11.45am PT)

  • Marrying abroad Vs. a fianc petition - advantages and disadvantages
  • Getting consulates to adjudicate I-130's-general rules
  • Is there still humanitarian consideration where an I-130 is adjudicated and petitioner dies?
    • how to present a case
    • who to speak to at CIS
    • does Press help?
  • Documenting qualifying relationships
    • legitimate/illegitimate children
    • sponsoring stepchildren where the marriage has dissolved
    • DNA testing
    • dealing with situations where the beneficiary cannot obtain a birth certificate
  • Processing for derivatives abroad where the principal adjusts in the U.S.
  • Does the petitioner need to attend the interview in non-marriage cases?
  • Expediting in the case of the imminent death of the petitioner
  • Handling adjustment applications in proceedings (how to get the I-130 adjudicated)
  • Documentation for extreme hardship waivers

SECOND Phone Session on July 26th: 2.00pm to 3.30pm ET (11.00am to 12.30pm PT)

  • Adjusting through a marriage where the parties are separated
  • Arguments for adjustment for homosexual marriages
  • Strategies for dealing with transsexual marriages
  • Dealing with bad marriage interviews
    • the interviewer asks questions no one would know the answer to
    • the applicant can remember nothing, not even his/her address
    • the answers are different but not contradictory
    • screening marriage cases before you even get them ready
    • ethical issues in preparing marriage cases
    • what CIS will know before you walk in the door
    • when the spouses don't share a common language
  • How to reduce the chance that your client will be subject to a marriage interview
  • Can your client adjust through marriage if the U.S. citizen petitioner refuses to attend the interview or cannot attend the interview
  • Strategies for dealing with the Child Status Protection Act
  • Affidavit of support issues

THIRD Phone Session on August 12th: 2.00pm to 3.30pm ET (11.00am to 12.30pm PT)

  • How to process an I-751 where the parties are separated but do not intend to divorce
  • What to do when a joint petition is filed but the parties divorce before an adjudication
  • Strategies for dealing with a difficult U.S. citizen spouse where the parties are in the midst of divorce, but it looks like the divorce will never be final
  • Processing of I-751 petitions for children where they obtained residence at a different time than the parent
  • Filing for citizenship while an I-751 is pending
  • Filing an I-751 for a resident when the resident is temporarily assigned abroad
  • Extending proof of residence where the I-751 is pending more than a year
  • Documentation to support an I-751 where the parties do not have joint accounts or joint taxes
  • Adjudicating an I-751 in proceedings
    • burden of proof
    • getting the judge to terminate proceedings so that an I-751 waiver can be processed by CIS
    • judicial review of I-751 denials
  • Strategies for dealing with late filed I-751 petitions
  • Ethical considerations in a I-751 adjudication
The deadline to register is Tuesday, June 29th. For more info, including detailed curriculum, speaker bios, and registration information, see: (Fax version:

Featured Article

A Few Of My Favorite Things
Diane Sandford writes "[Here] are the primary reference and style books that I recommend to anyone who is serious about good writing."

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

DOS Announces Discontinuation Of Visa Reissuance For C, E, H, I, L, O And P Visas
The Department of State announced the discontinuation of domestic visa reissuance for certain nonimmigrant visas in the US, including C, E, H, I, L, O or P visas, effective July 16, 2004.

AILA Congressional Testimony On Immigration Backlog
Paul Zulkie, AILA President, testified before the Subcommittee on Immigration, Border Security and Claims House Judiciary Committee on the detrimental impact of the immigration backlog.

Derivative Citizenship Under 8 USC 1432(a)(3) Requires Formal Act Of Legal Separation
In Brissett v. Ashcroft, No. 01-4268 (2nd Cir. Apr. 2, 2004), the court said that 8 USC 1432(a)(3) requirement of a "legal separation" required a formal act which, under the laws of the state or nation having jurisdiction of the marriage, altered the marital relationship either by terminating the marriage (as by divorce), or by mandating or recognizing the separate existence of the marital parties.

Ralph Nader Speaks On Immigration
An American Conservative Magazine interview reports Ralph Nader saying "I don't think the US should be in the business of brain-draining skilled talent, especially in the Third World, because we are importing in the best engineers, scientists, software people, doctors, entrepreneurs who should be in their countries, building their own countries. We are driving the talent to these shores."

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
Are you looking to join a fast-paced and friendly team that provides first-rate immigration legal services to global businesses and individuals? Paparelli & Partners LLP, a leading immigration law firm with an established national practice, has immediate openings for a moderately experienced Immigration Lawyer to work at its office in Irvine, California. If you have what it takes, you will work with multinational companies and high-achiever individuals to perform the full range of immigration legal services for employment-based and family-based immigration clients. You will use computer software extensively (research databases, Internet, MS Word, MS Outlook, Excel, ProLaw, Power Point, etc.), and become immersed in cutting-edge immigration law issues. This job is for you if you are a multi-talented multi-tasker, detail oriented, express yourself well in person and on paper, work well as part of a team, love challenges, are willing to work hard, have a spotless ethical record, are admitted to practice law in California or another state and have up to three years of U.S. immigration law experience. If you'd like to pursue this exciting opportunity, fax your resume + cover letter to Chris McCoy at 949-955-5599 or e-mail her at For background, see our web site: No phone calls please.

Immigration Law Conferences
CGFNS Hosts A Special Educational Initiative in Your Community - New U.S. Department of Homeland Security (DHS) Visa Regulations for Foreign Health Care Workers. As part of a major change in federal policy affecting hiring of foreign health care workers in the U.S., the DHS has issued new Section 343 rules requiring foreign health care workers who are seeking temporary or permanent occupational visas or Trade NAFTA status to obtain a special visa certification in order to deliver patient care and provide health care services in this country. The Commission on Graduates of Foreign Nursing Schools (CGFNS)/International Commission on Healthcare Professions (ICHP) are sponsoring a special educational program in your community about the new DHS rules. This timely educational initiative is designed to provide you with important information about the new rules and facilitate the process for foreign health care workers to obtain a visa certificate through the CGFNS/ICHP specially designed Visascreen program. The new federal DHS rules apply to: Registered nurses and licensed practical (vocational) nurses, Audiologists, Physical Therapists, Medical Technicians, Occupational Therapists, Medical Laboratory Technologists, Speech-Language Pathologists, Physician Assistants. Session Locations include: Washington, D.C. - Monday, June 14th, Chicago, IL - Thursday, July 8th, Miami, FL - Monday, August 23rd, Philadelphia, PA- Monday, August 16th, Seattle, WA - Monday, September 27th, New York, NY - Monday, October 4th, San Francisco, CA - Monday, October 18th, Atlanta, GA - Monday, November 1st. To register, contact Marla Downing, email:, telephone 215-222-8454, x.242. Or visit

Help Wanted: Experienced Immigration Attorney
The Law Offices of Michael J. Gurfinkel, an immigration law firm with offices on both the East and West Coasts, seeks an associate attorney for its Los Angeles, CA offices. Ideal candidate should possess minimum 3+ years extensive experience in all areas of immigration law, including removal/deportation, AOS interviews, family and employment based petitions and consular processing. Position offers opportunity for occasional travel outside Los Angeles, CA area. Please fax or e-mail: resume, salary requirements + writing sample to the attention of Millie at (818) 543-5802 or EOE.

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

Readers are welcome to share their comments, email:

Dear Editor:
To clarify my point further to Mr. Murray's letter to the Editor, the near 17,000 visas that will count towards the next fiscal year cap of 65,000 are all that have been processed to date. This paltry amount clearly demonstrates that those who have been clamoring for an increase back to 195,000 have no legitimate basis to make such demands and those that clamor for an unlimited amount of H-1B visas have no moral basis. I hope my point is clearer now.


Dear Editor:
My compliments on an excellent analysis of the recent Yates/Ohata memos regarding I-140 processing. I would like to add just a few thoughts to those so clearly expressed by Mr. Guevara. First, even the traditional analysis of ability to pay makes little sense in today's world of the soft economy. Presume that a relatively small employer files a labor certification for an alien with a proffered wage of $50,000. His before-tax earnings that first year are $60,000. While he badly needs a new electronic widgetmaker, costing close to $60,000, he is forced to forego the machine and to pay Federal Income Taxes on the $60,000. Assuming a net rate of about 25%, he now has only $45,000 left, paying $15,000 in unnecessary taxes. Let us project that it takes three years for the labor certification to be processed, granted and an I-140 filed. The employer's income before taxes remains about the same as the first year, since it grew to absorb the tax expense. This employee, then, appears to have cost the employer an unrecoverable $45,000 before s/he is on stream the first day. Thus the rule defies logic from the viewpoint of a businessman who sorely needs to use his assets to leverage the business forward. As to current ratio, all the employer needs to do to meet a current ratio test is to borrow money for a term of more than a year, which would increase his long-term debt but not enter into a short-term ratio, and deposit the cash (increasing his short-term assets) in his bank account for a couple of days for the year end at which the ratio is derived. It is the employer's option when to pay back the loan. My last comment is general. Of what force are these memos? I regularly fall into the trap of believing them to be that elusive gospel black letter law. Yet, taking a moment to reflect, these are no more valid than the Weinig epistles of long ago. They're nice for convenience, and great when you're on the right side of them, but litigation under the notice provisions of the APA or under a claim of discretionary abuse is often the most valid response. It is only the money and time values that stays my hand. We all wish we had the resources to litigate for a client who can't afford that route, and who can't wait for the results anyway. Sadly that cannot happen often. But, perhaps Mr. Guevara's article has clarified some other alternatives for us. Thank you, Romulo.

Stephen B. Horton, Esq.
New Milford, CT

Dear Editor:
It's nice of ILW.COM to give a group (CIS) affiliated with "FAIR" webtime to propound their restrictionist views, but is it possible to include studies or authors that disagree with their conclusions so we can get a balanced view of the issues?

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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