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Immigration Daily

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Immigration Daily August 12, 2004
Previous Issues
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Editor's Comments

Joel Stewart's BALCA Review

In today's Featured Article, Joel Stewart discusses no less than 25 recent BALCA decisions on the following issues:

  • CO Considered US Worker Qualified Even Without Degree
  • Attorney Agent as Remitter of Certified Mail
  • Hairdresser Required for Translations
  • Amendment of Job Description Raises Question about Bona Fide Job
  • Employer Contributed to Delay in Transmittal of Resumes from Referrals
  • Job Referrals Invited to Apply for Job
  • Low Result for Designer Developer on Interview Evaluation
For the article, see below.


Immigration Law Books - Latest 2004 Editions - Order Yours Now

How is Patel's Immigration Law Library better than other immigration law reference books? The superior quality is apparent:

Patel's Immigration Law Library

  • Larger font size - makes reading easy on the eyes
  • Heavier paper stock - higher quality paper ensures pages withstand wear and tear
  • Stronger binding - increases durability, makes a lasting investment
  • Annotations - eliminates the need to flip back and forth between various statutory cross-references, by providing a succinct summary of each referenced statute immediately following each paragraph - The WHOLE Act is the ONLY fully annotated version of the INA
  • Footnotes - details the history of statutory changes - what changed
  • Appendices - covers all immigration statutes outside the INA
  • Topical Index - the extensive incorporation of user feedback repeated annually since 1987, much longer than any other immigration law publisher, gives this index its unsurpassed quality, ease of use, and comprehensiveness
  • Two-volume set - 8 CFR Plus (USCIS) and 20/22/28 CFR Plus (DOL/DOS/DOJ)
  • Comparative Table - at-a-glance view of all changes in 2003-2004 for 8 CFR Sections (pre- and post- Homeland Security Act of 2002)
  • Standing - contains standing of precedent I&N adminstrative decisions based on subsequent I&N decisions and federal court decisions

Try using Patel's Immigration Law Books for yourself. We offer a 30-day money-back guarantee - no questions asked. For more information, including sample excerpts and ordering information, see here.

Featured Article

Joel Stewart's BALCA Review (August 12, 2004)
Joel Stewart presents a summary of recent notable BALCA decisions.

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Immigration Law News

Approved Visa Petition Is Prima Facie Evidence Of Bona-Fide Marriage
In Patel v. Ashcroft, No. 02-4143/04-1256 (8th Cir. Jul. 13, 2004), the court said that where the agency had already adjudicated and approved the petition, the notice of approval sufficed under the statutory framework to prove the bonafides of the marriage.

DHS Grants Expedited Removal Authorization To CBP
Effective August 11, 2004, the CBP was granted the power to place in expedited removal proceedings certain aliens. For the Federal Register notice, see here. For the DHS press statement, see here.

President Bush Signs Biometric Passport Requirement Extension For VWP Into Law
The Department of State issued a press release announcing President Bush yesterday signed H.R. 4417 to extend by one year, the requirement for Visa Waiver Program (VWP) countries to include biometrics in passports.

Former Immigration Hearing Officer Convicted Of Sexual Bribes
The Los Angeles Times reports "A former immigration hearing officer was convicted Tuesday of demanding sexual favors and money from two Chinese women who were seeking political asylum in the US."

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Help Wanted: Immigration Attorneys
Berry, Appleman & Leiden LLP, a global corporate immigration law firm, seeks experienced attorneys with minimum 3+ years of solid business immigration experience for our San Francisco office. Our attorneys work in a fast-paced, high volume practice with advanced practice tools and a state-of-the-art case management system. Experience in a range of business immigration matters, ability to provide exceptional client service, experience managing legal assistants, and superb analytical, organizational and case management skills are expected. We strive for excellence in legal practice in a collegial environment, promoting cooperation and learning from each other. We offer competitive salary and benefits. Submit your cover letter, resume & writing sample to or fax to 415-391-1642.

Help Wanted: Immigration Legal Assistant
Shulman, Rogers, Gandal, Pordy & Ecker, P.A., Maryland's largest independent law firm outside of Baltimore city (75+ attorneys), seeks an immigration legal assistant. Experience desired in: employment-based IV (EB-1, EB-2, EB-3), NIV (E-1, E-2, H-1B, L-1A, L-1B, O-1), family-based IV, naturalization, AOS, consular processing, I-9 compliance/employer sanctions, and litigation. College degree and 1+ years of experience required. Ideal candidate possesses superior analytical, organizational, and communication skills. Must be proficient in word processing, spreadsheet, and immigration forms applications. Duties include heavy client contact, legal research, and immigration petitions. Work with a team of experienced immigration attorneys and professionals who are passionate about the practice of immigration law in a fast-paced, collegial setting with large law firm resources. Excellent salary/benefits package offered. If you enjoy challenging work with direct client contact and are equally passionate about immigration law, we want to hear from you. Send resume to Maura Bowen, HR Manager by fax 301-230-2891 or email

Help Wanted: Immigration Attorney
The Law Offices of Michael J. Gurfinkel, an immigration law firm, seeks an associate attorney for its Los Angeles office. Ideal candidate should have minimum 3+ years extensive experience in all immigration law areas, including removal/deportation, AOS interviews, family and employment based petitions, and consular processing. Must be willing to travel outside Los Angeles area. Please send resume + salary requirements to Millie by fax: 818-543-5802 or email:

Help Wanted: 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. ARIA software experience preferred. Submit cover letter, resume, writing sample and references to Jennifer Wadhwa, Human Resources at: Jackson & Hertogs, 170 Columbus Avenue, Fourth Floor, San Francisco, CA 94133 or

Credential Evaluation And Translation Service
Are you getting RFE's? American Evaluation and Translation Service, Inc. (AETS) evaluations are consistently accepted by USCIS because evaluations are completed by PhD Professors from 4 universities with expertise in most major academic fields. AETS provides position evaluations + work experience evaluations completed by PhD university professors with the "authority to grant college level credit for work experience and/or training." AETS provides competitive industry rates. e.g. ($50 - educational evaluations) ($200 - position/work experience evaluations). For a list of prices and turn-around times, see: AETS provides certified translations in 100+ languages, with translators in 80+ fields. To receive a copy of the Application for Credential Evaluation and Translation Services, contact AETS at (786) 276-8190,,, or fax documents to (786) 524-0448 or (786) 524-3300.

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
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Letters to the Editor

Readers are welcome to share their comments, email:

Dear Editor:
I write in response to your comments calling for the elimination of "entire categories of family immigration" in exchange for legalizing undocumented immigrants. Hard-working undocumented immigrants who contribute to our economy do deserve a chance to come out of the shadows. This does not and need not happen at the expense of many US citizens and LPRs who have been waiting for years to be reunited with their family members in the US. Your comments fail to recognize that the tremendous backlog in the family immigration system and the large number of undocumented immigrants are the products of the same broken immigration system. People come to the US for complex and overlapping reasons to work, to reunite with their family members, to escape persecution, to create a better life for themselves and for their children. Employment and family immigration are inextricably intertwined. Immigrants who come to the US through the employment-based immigration system use the family immigration system to reunite with their families once they become US citizens and lawful permanent residents. Rather than pitting one deserving group of immigrants against another, we ought to work to fix the broken immigration system comprehensively. There is a bill in Congress that would do just this the SOLVE Act. The SOLVE Act would offer earned legalization to hard working undocumented immigrants already living in the US, as well as create break-the-mold temporary worker programs to ensure legal channels of migration for essential workers. It would also reduce the inhumane backlogs in the family immigration system. We can and will achieve comprehensive immigration reform, but only if we don't all stand in a circle and shoot each other.

J. Traci Hong, Deputy Director for Policy
National Asian Pacific American Legal Consortium

Dear Editor:
I provide social services and have met both legal and undocumented immigrants. Your comments assume that most illegal immigrants are here to work, which is true to an extent. It has been my experience though that many bring their families with them instead of enduring years of separation and heartache. The parents of the children want their children to have an opportunity for a better life. If family-based immigration wasn't so backlogged, many of these adults and children would be legal immigrants. It is currently taking 4-5 years for a LPR to bring his/her spouse and minor children, not including the time the LPR parent was probably away while obtaining LPR status. Or, take the case of an asylee. If they get married to a non-American after they receive their asylum, it can take 14-15 years to bring their spouse. According to USCIS, it takes 9-10 years for an asylee to be given LPR status, after the 1-year wait period following the granting of asylum. If it is granted, asylum can take up to several years. Would you want to wait 15 years to be with your wife or husband and your children? Illegal immigration is a huge and complex problem with no single answer but perhaps eliminating the tremendous backlog of family related immigration cases could turn a portion of the illegal immigration population into legal immigrants and keep families together. It is inhumane to just bring workers but not allow their families. It is reminiscent of how we dealt with the Chinese immigrants years ago telling them "you can build our railroads but we don't want your wives and children here".

natalie fair-albright

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Editorial Advisory Board
Marc Ellis, Gary Endelman

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