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Immigration Daily

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Immigration Daily June 28, 2004
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Editor's Comments

Deadline Is Tuesday, June 29th

The deadline to sign up for "Family Immigration: The Long Route From Love To Citizenship" is Tuesday, June 29th. This advanced-level telephonic seminar will cover cutting-edge topics in Family Immigration. Family immigration cases are no longer simple thanks to the changes in law, policy, and implementation in recent years, this seminar will keep your firm on top of the latest in family immigration practice. You can attend the seminar from the comfort and convenience of your office. This seminar series is also a great training tool for your entire law firm since everyone can sit around a speaker phone to listen (for the price of only one registration). For more info, including detailed curriculum, speaker bios, and registration information, see: (Fax version:


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:

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President Bush Speaks On Visa Policy And American-Hungarian Relations
During remarks by the President Bush and Prime Minister Medgyessy of Hungary on a discussion of visa policy, President Bush said, "I assured him that we will work, as best we can, to make sure the visa system works like we want it to work, because in America we welcome people from all parts of the world."

Illegal Vs. Undocumented, Alien Vs. Immigrant
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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.

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.

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Letters to the Editor

Readers are welcome to share their comments, email:

Dear Editor:
The response of "Chucky" to the Murray letter concerning the recent announcement of approximately 17,000 H-1B visas filed against the FY 2005 annual quota is a bit off the mark. First, this is not the number approved. Indeed, with the rare exception of those filed under premium processing, none have been worked. It was also not clear how these were counted. It was mentioned that the visa number is allocated upon the filing, not the approval. Assuming this is true then the correct analysis reflects that in the first sixty days of filing for the FY 2005 quota, 17,000 cases were received. We could not file FY 2005 cases until April 1, 2004 and this estimate was only through May 2004. If this level of filing continues through Sept. the number would work out to approximately 51,000 FY 2005 cases filed before the fiscal year even started. Assuming further that the trend continues, then the FY 2005 quota will be exhausted around November 15, 2004, forty-five days into the next fiscal year. If the same trend continues throughout the end of 2004 and the balance of FY 2005, and including those filed under the above assumption before the fiscal year even begins, then the total usage would be 255,000 visas. Since this is impossible under the current legislation we are looking at a shortfall of potentially 190,000 visas. I have not even adjusted for the set-aside for Chile and Singapore which further reduces the available H-1B visas. Chucky needs to understand the situation as it exists. The economy is heating up and hiring is increasing. The loss of H-1B visas for American companies who need workers here to do the work, will only lead to more off-shoring of jobs. Companies must get the work done. As I testified in Congress some years back, if our immigration laws prevent American employers from bringing workers to the work, those employers will have no choice but to take the work to the workers. America will lose the productivity, economic benefit and tax revenues those jobs would have generated if they were kept in the US with reasonable and flexible immigration laws. My perspective may be limited of course, I have only been involved in this Nation's immigration laws and system for thirty-five years.

Pete Larrabee

Dear Editor:
Chucky's letter to the Editor states that the fact that only "17,000" H-1B numbers have been used this year shows there is little demand for the category. Chucky's letter needs a little help with math and facts. In fact, Immigration has announced that 16,100 H-1Bs of the 65,000 available for fiscal year 2005 already have been accounted for as of the end of May 2004. This means that, from the time companies could petition for H-1Bs starting in FY 2005 (which was April 1, 2004) to the end of May (May 31, 2004), only 2 months, 16,100 H-1B petitions already have been filed. FY 2005 is October 1, 2004 to September 30, 2005. So, for a year that has not even started yet, approximately one quarter of the available numbers have been taken in just two months. This indicates a great demand for these specialized knowledge workers. And since one quarter of the available numbers were used in two months, if H-1B petitions continue at this rate, all the numbers will be used up by November 2004, leaving ten months of the fiscal year when no H-1Bs are available at all. I'm sure this makes Chucky very happy. But the fact that he is distorting what the numbers mean shows he is afraid Congress will remedy this problem if they realize what is really happening. For everyone out there who is seeing the harm the H-1B cap is doing to the economy and business in the US, please get this message out to Congress. We certainly don't want Congress to be fooled by fuzzy math as it appeared in Chucky's letter.

Aimee Clark Todd, Esq.
Atlanta, GA

Dear Editor:
Although he has not provided the authority for his assertion, and therefore, as a lawyer, I find his claims unreliable, now I understand the point made by Chucky that ". . . 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.". I do not, however, understand his conclusion that, "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." There is no "moral basis" for anything here, since "morality" has nothing to do with H-1B visas. What H-1B visas mean to American business is that when US workers are in short supply, or woefully unqualified to fill specialty occupation positions, there is an alternative - seeking qualified foreign labor at prevailing wage rates, to fill those positions. This truth was borne out in the dot-com era, when foreign computer skills were needed in the high-tech industries, and American labor simply could not fill the void created by a burgeoning industry that needed to move at the speed of a silicon chip. The net result of the restriction of H-1B visas has resulted in "outsourcing" of jobs to other countries. While the dot-coms have come and gone, it is still better to import foreign labor, have the lawful aliens pay US taxes, and spend their money here, supporting local US business communities, rather than simply outsourcing. I, for one, do not "clamor" for a cap of 195,000, I support no cap at all, the way it was back in "the good old days", because there is no basis for having such a restrictive law in the 21st century, except to proliferate an isolationist policy of "us" and "them". The US needs well-managed, well-controlled, immigration, through a properly-devised system of law and regulation that meets the needs of US families, employers, and aliens alike. CIS chief, Edward Aguirre, and his team at DHS/CIS have proclaimed their devotion to improving the regulations,the enforcement, and the service procedure by 2006. While we have heard this lip-service for the past twenty years, nothing ever changed, until now. I applaud Mr. Aguirre and his staff for rapidly implementing the procedural changes we have seen in the past few months faster than the Lone Ranger's speeding silver bullet, and urge them to keep up the good work.

David D. Murray
Newport Beach, CA

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Marc Ellis, Gary Endelman

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