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Immigration Daily

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Immigration Daily November 8, 2004
Previous Issues
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Deadline is Tuesday, November 9th

The deadline to register for "Unraveling The Mysteries In Adjustment Of Status" is Tuesday, November 9th. For more info, detailed curriculum, speaker bios, and registration information, see: (Fax version:

We welcome readers to share their opinion and ideas with us by writing to


Unraveling The Mysteries In Adjustment Of Status

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

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 Tuesday, November 9th. For more info, detailed curriculum, speaker bios, and registration information, see: (Fax version:


Asylum Resource Series: Uganda
USCIS Asylum Resource Information Center offers asylum information on Uganda (December 11, 2002).

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:


Reliance Is Not Requirement For Determining Impermissible Retroactivity
In Olatunji v. Ashcroft, No. 00-6650 (4th Cir. Oct. 19, 2004), the court said that the fact that IIRIRA attached new legal consequences to Petitioner's guilty plea was alone sufficient to sustain his claim of impermissible retroactive effect, and that no form of subjective or objective reliance was necessary.

Alien Ordered Removed Must Wait 90 Days To Raise Colorable Claim For Release Under Due Process Clause
In Khotesouvan v. Ashcroft, No. 04-35417 (9th Cir. Oct. 27, 2004), the court said that an alien ordered removed whose removal was not reasonably foreseeable could not raise a colorable claim for release under the due process clause of the 5th Amendment until at least 90 days of detention had passed.

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
Morgan, Lewis & Bockius LLP, a large international law firm, is seeking an experienced Paralegal to work directly with the Immigration Practice Group in our Washington DC office. Candidates must have at least two years of business immigration experience in employment-based immigrant and non-immigrant categories. Candidate must possess strong organizational, research and writing skills. Knowledge of PC applications and flexibility to work overtime are required. An undergraduate degree is required. We offer an excellent compensation and benefits package, outstanding work environment, and comprehensive support to enable our Immigration Paralegals to assume significant responsibility, including contact with clients. Please email: or fax: 202-739-3001 your resume to Robin McKinney. EOE.

Help Wanted: Immigration Attorney
Fast-paced, nationally recognized immigration law firm based in Washington, D.C., seeks a highly motivated, detail-oriented associate. Immigration experience, strong organizational, research, writing & interpersonal skills required. Spanish fluency a plus. Great opportunity for individuals interested in challenging, exciting work. Competitive salary/benefits. Visit Send resume, writing sample, salary requirements + references to Amal Talhame at: Maggio Kattar, 11 Dupont Circle, N.W., Ste. 775, Washington, DC 20036 or No calls please.

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.

Credential Translation And Evaluation Service
Are you looking for certified translations for immigration purposes? American Evaluation and Translation Service, Inc. (AETS), a corporate member of the American Translators Association, provides certified translations in over 100 languages. Since AETS primarily caters to law firms and universities, AETS' linguists, all of whom either have Master's degrees or more than five years of translation experience, are experts in the field of immigration-related translations. Why entrust anyone else with such important documents? Contact AETS today for a free quote. For a copy of their Application for Translation Service, please click here: Or you may contact AETS at (786) 276-8190, send an email to or simply fax the documents to (786) 524-0448 or (786) 524-3300. AETS provides Educational, Work Experience and Position Evaluations. For more information, please visit the website at or call (786) 276-8190.

We carry advertisements for Help Wanted: Attorney, Help Wanted: Paralegal, Help Wanted: Other, Positions Sought, Products & Services Offered, etc.
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Readers are welcome to share their comments, email: (300-words or fewer preferred).

Dear Editor:
What is the new name for the INS?

Chinyere Emole

Dear Editor:
How will the departure of AG Ashcroft effect the enforcement of immigration law when all immigration functions have been placed under the Department of Homeland Security and is no longer under the Department of Justice?

Curtis Aljets

Dear Editor:
It comes to mind that either Gonzales or Giuliani could be candidates for a Supreme Court vacancy, especially if the Judiciary committee fights any pro-lifers sent up.

Brian Bates, Senior Evaluator
Global Credential Evaluators, Inc. (West)

Dear Editor:
I wish to have a clearer picture of what a "phone session" seminar is. I imagine it is several speakers in a "conference call" discussing the topic at hand, while I, and others in the "audience," overhear using our own telephone. If I am right about this, then I am not sure how well a panel discussion can be carried off by telephone. For example, do the speakers just start talking? Do the speakers each present their topic and a discussion ensues? If so, does the conference call have a moderator to keep order? Do the speakers use, and do you distribute beforehand, an outline to guide the discussion?

Laurence E. Stevens, Esq.
Guilderland, New York

Editor's Note: ILW.COM seminars are all held telephonically, so that seminar participants can listen to the seminar in the comfort of their own offices (while a telephonic seminar lacks face-to-face interaction, it is usually more efficient in both money and time as compared to a physical seminar). ILW.COM has conducted over 100 telephonic seminars successfully and our seminars are usually very well attended by immigration practitioners. A detailed curriculum for each seminar series appears on the registration page itself. Further, citations are sent by email after each seminar session to all seminar participants (this way, you can focus on the substantive issues discussed during the call and not worry about missing citations). Often questions emailed to the panel are answered by email broadcast to all the attendees. Each seminar includes a moderator who is usually a well-known immigration attorney with extensive experience. In order to keep things flowing smoothly, our publisher is usually the emcee and furthermore, a telephone technology operator maintains the technical quality of the entire call. Unlike most bar association seminars, ILW.COM seminars include a fairly lively and significant question and answer where the attendees can ask specific questions to the panel. Our seminars are also available on tape for those who prefer listening to a tape instead of a live call. To listen to sample audio clips of our seminars and to view more information on each seminar series, see here.


Readers can share their professional announcements (100-words or less at no charge), email:

In Memoriam
In memory of Oswald (Ozzie) Isaac Kramer (April 1912 - October 2004).

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.

Publisher:  Sam Udani    Legal Editor:  Michele Kim

Editorial Advisory Board:   Marc Ellis, Gary Endelman

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