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Immigration Daily

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Immigration Daily October 28, 2004
Previous Issues
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Akhtar, Firstland, AOS - Deadline Is Thursday, October 28th

The attorneys who litigated and won the Akhtar (V visas) and Firstland (I-140 "re-adjudication") cases will be speakers for "Unraveling The Mysteries In Adjustment Of Status". The group of distinguished practioners for this telephonic seminar series now includes Dinesh Shenoy, Christopher DiGiorgio, Robert DuPont, Alan Lee, Robert P. Webber, Margaret Wong, and others to be announced. The deadline to register is Thursday, October 28th. For more info, detailed curriculum, speaker bios, and registration information, see: (Fax version:


Detailed Curriculum For "Unraveling The Mysteries In Adjustment Of Status" - Deadline Is Thursday, October 28th

The detailed curriculum for "Unraveling The Mysteries In Adjustment Of Status" is as follows:

FIRST Phone Session on October 29th


  • Understanding the 245(c) bars properly)
  • Exceptions for Immediate relatives
  • Adjustment in Preference cases - Nonimmigrants
  • V-visa Adjustments - Akhtar case
  • 245(i) discussion
  • CSPA impact
  • Understanding the cut-off date
  • Class Action Lawsuit - Ngwanyia case
  • EADs for approved asylees
  • Travel w/o Advance Parole
  • Travel to country of persecution
  • Knowing when to file
  • Mechanics of DV adjustment filings
  • FY deadline
  • 3/10 year bar issues
  • Renewing Denied I-485 Before the IJ
  • Filing new I-485; 245(i) grandfathering issues
  • Arriving Alien Issues
  • Advance Parole vs. other parole (e.g., deferred inspection or humanitarian parole)
  • Cancellation Adjustment for Arriving Aliens

SECOND Phone Session on November 10th:


  • Deciding between Adjustment vs. Consular processing
  • Reasons why to favor adjusting
  • Reasons why to favor Consular
  • Designating choice on I-140 - locked-in?
  • Prospect of visa number backlogs again

  • INA 204 (j) & the Yates Memo
  • When to notify CIS of the change in jobs
  • Gap in employment between jobs
  • What is "same or similar" ?
  • Cut in pay at new job?
  • New employer's ability to pay?
  • Firstland case
  • Portability & concurrent filing - impact of the Fujie Ohata memo dated 3/31/04
  • Portability and consular processing

THIRD Phone Session on December 2nd:


  • EAD extensions - timing
  • Maintaining nonimmigrant status
  • Advance Parole (General Rule) - 8 CFR 245.2(a)(4)(ii)(A) & (B)
  • Renewing Adv. Parole & Travel Limitations
  • Timing for Adv. Parole extensions
  • Exception for H-1B & L-1s and their dependents - 8 CFR 245.2(a)(4)(ii)(C)
  • May 25, 2000 memo on the rules for H-1Bs & L-1s
  • Common scenarios
  • Advance Parole & portability cases
The deadline to register is Thursday, October 28th. For more info, detailed curriculum, speaker bios, and registration information, see: (Fax version:


Nationality Issue Relevant In The Representation Of Multinational Korean Companies
Young H. Noh writes "The issue of nationality is encountered quite frequently during U.S. immigration practitioners' representations of foreign clients applying for E-1 or E-2 clients."

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:


INS Should Be Zealous In Making Sure That US Citizens Are Not Unlawfully Removed, IJ Should Not Be INS's Investigative Agent
In Rivera v. Ashcroft, No. 03-35548 (9th Cir. Oct. 18, 2004), the court said that as an agency of the US, the INS ought to be just as zealous in making sure that US citizens are not unlawfully removed from the US as they are in making sure that illegal immigrants are excluded. The court frowned upon the IJ, a civil service professional, comparing documentary evidence that she had for her own children with the documentary evidence preserved by the Petitioner's mother, a seasonal worker. The court said that the 5th Amendment mandates that any person with a non-frivolous claim to American citizenship should receive a judicial evaluation of that claim. The court said that the constitution does not permit American citizenship to be unintentionally relinquished by waiving the right to appeal a deportation order. The court noted that the IJ in this case had allowed herself to be used as the INS's investigative agent rather than acting as an impartial factfinder.

President Bush Authorizes $8 Million For Burundi Refugee Assistance
President Bush authorized that up to $8 million be made available from the U.S. Emergency Refugee and Migration Assistance Fund to meet unexpected urgent refugee and migration needs related to the Burundi refugee repatriation and reintegration.

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: Immigration Paralegal
Levine & Associates, an immigration firm in the Ballston Section of Northern, Virginia seeks self-motivated, independent and productive paralegal with 3+ years of relevant experience. Salary based on experience and ability. Fluency in Spanish is desired but not essential. Practice involves family-based and employment-based petitions. Paralegal will have oppportunity to work under supervision of two attorneys, including the senior partner. Collegial, open office with a professional "family" atmosphere. Benefits include: free parking, medical insurance participation, and 16 days off per year. Ideal position for the clerically accurate, people-oriented, intelligent individual. Flexibility a must. Fax resume to Aaron Passon at: 703-527-4473.

Help Wanted: Immigration Attorney
Do you want to join a winning team? Are you energized by challenging opportunities in immigration law? If so, read on: Paparelli & Partners LLP, an internationally prominent, well-established West Coast immigration law firm with a focus on employment-based immigration seeks an experienced immigration attorney who is a self-starter and a team player for its new Manhattan office opening in January 2005. The successful candidate has (1) 3+ years of substantial experience in employment-based immigration (family-based immigration, deportation-defense and the immigration consequences of criminal convictions all a plus), (2) excellent writing, communication, technology and people skills; (3) NY state bar membership; (4) verifiable references and high ethical standards; (5) a track record in motivating, managing and leading immigration paralegals; (6) proven talents in marketing and business origination; (7) a passion for immigration law and for helping people; and (8) a desire to work with a diverse and top quality team who mirror excellence in client service and dedication to advancing the field of immigration law. If you have a drive to succeed and meet our requirements, then send your resume and letter describing your interest, qualifications, financial requirements and career goals in strict confidence to

Help Wanted: Immigration Paralegal
Bernard P. Wolfsdorf, a Prof Law Corp. seeks experienced paralegal for its South Bay, Southern CA (Torrance) office. Ideal candidates should have bachelor's degree, experience with all aspects of business immigration, including all types of immigrant visa petitions, labor certifications, adjustment of status and consular processing, and nonimmigrant visa petitions (particularly Hs, Ls, TNs, and Os). Will manage caseload with large degree of independence, communicate with clients regarding procedural and case processing issues, update and maintain client status reports, prepare bills, and serve as a team resource. Submit resume and cover letter to Ms. Michele A. Buchanan, Esq. at Bernard P. Wolfsdorf, P.L.C. is an equal opportunity employer.

Help Wanted: Immigration Attorneys
Berry Appleman & Leiden LLP, a global corporate immigration law firm, seeks Associate Attorneys with 3+ (Senior Associates with 5+) years of 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. Please submit your resume via email to or by fax to 415-391-1642.

Credential Evaluation And Translation Service
As the industry leader in foreign credential evaluations and translations, American Evaluation and Translation Service, Inc. (AETS) provides the most competitive rates in the industry - $50 Educational Evaluations, as well as $200 'Expert Opinion' Work Experience and Position Evaluations completed by PhD university professors who have the "authority to grant college level credit for work experience and/or training." AETS offers a variety of turn-around times, including Same-Day service for Educational, Work Experience and Position Evaluations. For a complete list of their prices and turn-around times, please see: . Additionally, AETS provides certified translations in over 100 languages, with translators that are specialists in over 80 fields. For a copy of the Application for Credential Evaluation and Translation Services, please contact AETS at (786) 276-8190, visit the website at or send AETS an email:

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Readers are welcome to share their comments, email: (300-words or fewer preferred).

Dear Editor:
I can not find the seminars about deportation etc. I think this seminar was offered between July and August, I would like to buy tapes. How do I find info on them?


Editor's Note: All ILW.COM seminars are available for purchase in tape form. For our entire list of seminar offerings, see here.

Dear Editor:
Mr. Paul Allen of Paul Shearman Allen & Associates is one of your Yellow Page members and would like to advertise the law firm at the following places: Washington DC, Virginia, Maryland, New York City.

Mabi L. Aluning, Legal Assistant

Editor's Note: Paul Shearman Allen & Associates are not currrently at your main location in Washington, D.C. Law firms who wish to be listed should fill out our Yellow Pages listing form.


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