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Apr 15 - Patriots Day

Rating: 4 votes, 3.00 average.

-----------------IMMIGRATION DAILY FROM ILW.COM------------------

April 15, 2011,0415.shtm


1. Comment: Patriots Day - ILW.COM's offices will be closed on

April 18th as we celebrate Patriots' Day. Patriots' Day is

celebrated in honor of the anniversary of the Battle of Lexington

and Concord on April 19, 1775, which is generally considered to

be the beginning of the American Revolutionary War. For more

information on Patriots' Day, see here.'s_Day

2. Article: Going Electronic? The "Seven W's" for Developing an

Effective SOP for Electronic I-9 Implementation by Tien-Li Walsh

and L. Batya Schwartz Ehrens,0415-walsh.shtm

3. Bloggings: Georgia Lawmakers Pass Arizona-Style Immigration

Law by Matthew Kolken,0415-kolken.shtm

4. Bloggings: Do Women Face Discrimination In The Asylum System?

by Jason Dzubow,0415-dzubow.shtm

5. News: DHS Publishes Final Rule On Acceptable Employment

Eligibility Verification Documents,0415-employmenteligibility.shtm

6. Focus: Consular Processing for Experts

ILW.COM is pleased to announce "Consular Processing for Experts",

a new 3-part telephone seminar with Jan Pederson (discussion

leader), Kehrela Hodkinson, Laurel Scott, Elaine Witty and

others. Tuesday, April 19 is the deadline to sign up, the

curriculum is as follows:

FIRST Phone Session on April 20: NIV Issues

++Third Country National NIV Applications In Canada And Mexico

++Border Posts: overview of who can and cannot apply.

++Rationale for limitations on who cannot apply.

++Appointments always necessary.

++Necessary forms: DS-160

++At which posts can List of 26 and T-7 apply?

++Is there a case for a TCN not applying in Canada or Mexico, if

eligible to do so?

++Border Post review of right to counsel at visa interviews.

++Circumstances under which an applicant not issued a visa at a

border post can return to the United States.

++Home Country Visa Applications

++Appointments almost always necessary. Check waiting times on

DOS and consular post website for details.

++Research post policies, personnel and local red flags.

++CIS approved petitions (H, L, O, P) are not a promise of a


++Prepare the client for the interview and ensure visa

applications are completed accurately and completely.

++Documents applicant should bring to the interview.

++Waiver of personal appearance.

++What to do when there is a glitch at the visa interview:

SECOND Phone Session on May 12: IV Issues

++Considerations in Consular Processing.

++Unlawful presence and effect on application

++Risk that the applicant's visa and/or immigration history may

result in delay or denial.

++Readjudication of labor certifications, visa petitions and

qualifications of applicant.

Issues at consular posts in India

++"Following-to-join" issues.

++Documents to file with the consular posts.

++When can principal alien's entitlement to LPR status be

readjudicated at the IV interview of the "following-to-join"

spouse or child?

++When may the IV issuance be properly delayed and for how long?

(Issue arises in Manila when principal alien adjusted status as a

nurse; Issue arises when principal alien adjusted status as an

asylee or through legalization; Issue arises when consular

officer questions whether principal alien in F2A (unmarried minor

child) and F2B (unmarried, adult son or daughter) cases is

maintaining his/her principal place of residence and domicile in

the United States at the time of the interview.)

++Considerations in family-based petition cases.

++When blood relationship questioned, may attorney insist on DNA

test and through what mechanism? Often much time would be saved

through DNA testing, particularly when the alternatives are

returning an approved petition to CIS and/or awaiting the outcome

of a local investigation.

++Strategies to resolve relationship questions locally in lieu of

petition return to CIS.

++I-864 issues (E.g. Whether petitioner "resides" in the United


++Processing of an "Age-Out" Case.

++Processing of a Child Status Protection Act (CSPA) Case.

++"Portability of an approved alien labor certification and

I-140" to immigrant visa processing

THIRD Phone Session on June 2: Waiver Practice in Consular


++Nonimmigrant Visa Waivers of Inadmissibility.

General Issues:

++Who is eligible for a 212(d)(3) waiver?

++Which grounds can be waived?

++Which grounds cannot be waived?

++The life of a waiver.

++Procedures for requesting a 212(d)(3) waiver.

++Request made to consular officer after refusal.

++Consular officer can either recommend or refuse to recommend to

overseas DHS office that a waiver be granted.

++DHS has final authority to grant or deny waiver.

++Appeal procedures if consular officers refuses to make

favorable recommendation and winning strategies.

++Processing Times and Procedures.

++When the waiver request must or may be sent to the Visa Office

by the consular officer.

++Criteria considered in waiver request/approvals.

++Matter of Hranka effect?

++How big, how bad and how long ago was the prevarication?

++How long ago was the conviction and how serious was the crime?

++Evidence of reformation and remorse.

++Purpose of trip. Does life-saving medical treatment trump a

trip to Disneyland?

++Consular officers are directed to apply a balancing test;

weighing the equities against the negative factors. How this

works in practice.

++Immigrant Visa Waivers of Inadmissibility

++General Issues

++Who is eligible for a waiver?

++Which grounds can be waived?

++Which grounds cannot be waived?

++Procedures for requesting a waiver.

++Form I-601 filed with consular officer for most grounds.

++Consular officer must forward I-601 to DHS office overseas for


++Fingerprints and G-325A often required.

++Send client to IV interview fully documented with respect to

both possible grounds of ineligibility and reasons why waiver

should be granted.

++Coming to America when a visa isn't issued.

++Humanitarian Parole

++Visa Waiver at port-of-entry

++212(d)(4) waiver at land border port of entry

Tuesday, April 19 is the deadline to sign up. For more info,

including speaker bios, detailed curriculum, and registration

information, please see: Online:

Fax form:

Don't delay, sign up today.

7. Headline:THE PHYSICIAN IMMIGRATION BOOK is coming soon. until

then, order your copy today!

8. Headline:check it out RT @UAFAwatch UAFA being reintroduced

9. Headline:Florida immigration reform: " We do not need 67 mini-


10. Headline:How U.S. Immigration Policy Is Tearing American

Families Apart

11. Headline:RT @raylab Immigration Activists to Meet with

Morton, Demand ICE Abuses Stop

12. Headline:disturbing RT @MarioWire Undocumented man in coma

after taser incident with border patrol

13. Headline:RT @LatinosMatter: Tough illegal immigration bill

headed to Ga gov - El Paso Times

14. Headline:RT @jackiebdiaz WOW...that's horrible! RT: @latimes

Georgia passes immigration bill similar to Arizona's

15. Headline:RT @senatus: Dem Senators want Pres to delay

deportations of students who would qualify under DREAM Act -

16. Headline:H-1B workers, Indian ITprofessionals, with pending

extension pleas can stay and may not be arrested for


17. Headline:Georgia lawmakers pass Arizona-style immigration

bill: authority to question about immigration status

18. Headlineanger zone for GOP candidates -- immigration

19. Headline:Immigration reform: tricky political tightrope in

Florida House and Senate

20. Headline:The Immigration Compliance Book: Understand I-9

concepts, I-9 advanced topics and E-Verify. Get your copy today


To submit an Article or a news item to Immigration Daily, write

to Follow ILW.COM on Twitter:



1. Help Wanted: Immigration Attorney

Washington, DC - The Office of the Chief Counsel (OCC), U.S.

Citizenship and Immigration Services (USCIS), Department of

Homeland Security (DHS), seeks an experienced attorney with

demonstrated legal knowledge and experience involving

verification of immigration and citizenship status and employment

eligibility issues and interpretation of statutes and regulations

that would enable the candidate to provide legal advice regarding

the Agency.s E-Verify and SAVE programs, for the Commercial and

Administrative Law Division (CALD). The attorney would report to

the Deputy Chief of the Commercial and Administrative Law

Division in Washington, D.C. Applicants must possess a J.D.

degree from an accredited law school and be an active member of

the bar (any jurisdiction). You must have three or more years of

professional legal experience, acquired after being admitted to

the bar, commensurate with the duties and responsibilities of the

position. Experience interpreting statutes and regulations is

required. Experience advising clients on privacy and disclosure

issues and on programs similar to E-Verify and SAVE is highly

desired. For more info, key in Job Announcement Number: COU-

CIS-2011-0004 at Submit cover letter,

resume, and writing samples to: Must be

received by close of business, Friday, April 29, 2011. Position

is at the GS-0905-13/15 level.

2. Help Wanted: Immigration Paralegal

Englewood, NJ - Wildes & Weinberg, PC,

a prestigious immigration law firm, seeks experienced immigration

paralegal to train for 3 to 6 months in its Midtown Manhattan

offices before working permanently in its Englewood, NJ office to

work on immigrant and non-immigrant matters. Applicant must

possess 2+ years of work experience in the area of business

immigration, particularly with preparing, organizing and filing

PERM applications, O-1, E, H-1B and L-1 visas, as well as strong

writing and communication skills. Please send resume and cover

letter to

3. Help Wanted: Immigration Attorney

Downtown Chicago, IL - AzulaySeiden Law Group

seeks an immigration attorney. To be considered, a candidate

must have a minimum of 3 years experience practicing immigration

law. The firm deals in all areas of immigration, including

removal defense, business, family, appellate work and outbound

immigration services. Experience in removal defense and fluency

in a foreign language preferred. We seek a motivated, committed

individual who wants a focused, contemporary environment that

celebrates diversity. If you are a goal driven individual who

would appreciate the opportunity to work in a leading US

immigration law firm, you may be the right fit. We offer fair

compensation based on experience and incoming business, along

with a full benefits package and believe in promoting a healthy

balance between work and personal life. Please send a resume,

writing sample, law school transcript and any inquiries to

4. Help Wanted: Immigration Paralegal

Newark, NJ - Mid-size gateway firm

seeks paralegal on a part-time or contract basis, with future

potential for full-time, to prepare full-range of business

immigration applications (including H-1B, L-1, PERM, I-140). Must

have BA degree with 1-2 years of business immigration experience

and excellent communication and writing skills. Competitive

compensation. Email resume, cover letter and salary requirements


5. Credential Evaluation And Translation

Why do the largest law firms, corporations and universities

in the U.S. choose AETS for their foreign credential evaluations?

Because as the nation's leader in foreign credential evaluations

and translations,American Evaluation & Translation Service, Inc.

(AETS) provides the most competitive rates in the industry -$75

educational evaluations, as well as $300 '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 list of rates and

times, see: AETS Credential Evaluation Application.

AETS also provides certified translations in 100+ languages, with

translators that are specialists in 80+ fields. For a copy of the

Application for Credential Evaluation and Translation Services,

see: AETS Translation Application.

Please contact AETS at anytime at (786) 276-8190, visit ,

or email:

To place a classifieds ad in Immigration Daily, see here



1. ReadersWrite: Yesterday's Discussion

2. ReadersWrite: Today's Discussion

To submit an Article for consideration, write to



ComingsNGoings: Immigration Reading Immigration Policies And

Their Impact On Migrants' Journeys - by Mechthild Baumann,

Astrid Lorenz, and Kerstin Rosenow - Budrich UniPress Ltd., 280

pp. - Paperback, ISBN: 3940755761, $99.95 -

Readers can share professional announcements (up to 100-words at

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The first daily in the field of immigration. Forward this to a


Publisher: Sam Udani Legal Editor: Michele Kim ISSN:1930-062X

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. Copyright 1999-2010 American Immigration LLC, ILW.COM.

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