SISKIND’S IMMIGRATION PROFESSIONAL’S BULLETIN

November/December 2003

 

Published by the Immigration Law Offices of Siskind Susser, Attorneys at Law; telephone: 800-343-4890, facsimile: 901-273-8770: gsiskind@visalaw.com, WWW home page: http://www.visalaw.com

 

Editor: Greg Siskind

 

SSHD serves immigration clients throughout the world from its offices in the US, Argentina, Canada and the People's Republic of China. If you have had this newsletter passed on to you by a friend or colleague and wish to be added to the e-mail list, just go to http://www.visalaw.com/sip-intro.html.

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If you have an announcement you would like published in this newsletter, please feel free to email us at immigration.professional@visalaw.com and put the words “Newsletter Posting” in the subject header. We do not charge for announcements, though we will not post announcements we consider inappropriate for this publication.

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Reader reminder - Siskind’s Immigration Professional is now available on the Visalaw.com web site at http://www.visalaw.com/sip/SIP.html. You will need a user name and password to get into the site. Subscribers to the newsletter can get in using

 

User name – sip

Password – PRO

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SEMINAR ANNOUNCEMENTS

 

1. "All In The Family" - Current Issues In Family- Based Immigration

 

The curriculum for "All In The Family" - Current Issues In Family-Based Immigration is as follows: 

 

FIRST Phone Session on November 20: Marriage ("Married - With Children")

 

++Lists of documents for bona fide marriages Fraud and Stokes interviews

++Removal of conditional status Separation, divorce, annulment issues

++Fiance(e)s K and V visas

++Unmarried Partners    

 

SECOND Phone Session on December 11:  Inadmissibility, Visa and Financial Issues ("One Day at a Time") 

 

++Entry issues-245(i)

++Arrests, inadmissibility-waivers

++3 and 10 year bar waivers

++Removal Defense

++New procedures for NTAs

++Recent changes in enforcement practices

++Affidavits of support   

 

THIRD Phone Session on January 8:  Children's Issues and Legislative Changes ("Eight is Enough") 

 

++Child Status Protection Act - Age out protection for children

of Permanent residents, refugees and asylees, and DV lottery winners

++Step children

++Children born out of wedlock

++Adoption

++DREAM Act and other pending legislation

 

For more info, see:

http://www.ilw.com/lawyers/seminars/november2003.shtm

Fax version:

http://www.ilw.com/lawyers/seminars/november2003.pdf.

http://www.ilw.com/lawyers/immigdaily/focus/2003,1110-seminar.shtm

 

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2. Entry/Exit Procedures Teleconference

 

AILA will host a Teleconference on Entry/Exit Procedures on Tuesday, December 9, 2003.  Topics to be covered include US VISIT, NSEERS and the entry/exit process, SEVIS and the entry process, pre-clearance programs, access to counsel at the border, update on visa exemption programs, waivers and port paroles, and TN and L processing at the border.

 

Speakers include Gregory D. Boos, Partner, Chang & Boos, Bellingham, WA; Edward J. Carroll, Partner, Carroll & Scribner, Burlington, VT; Scott D. Pollack, Principal, Scott D. Pollack and Associates, P.C., Chicago, IL; Kathleen C. Walker, AILA Treasurer, Kemp Smith, P.C., El Paso, TX.

 

To register online for the teleconference, go to http://www.aila.org/infonet/contentViewer.aspx?bc=94,175.  The registration deadline is Monday, December 8th at 9:00 am EST.

 

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3. AILA Crimes CLE Conference: Crimes and Representing Criminal Alien Defendants

 

AILA Crimes CLE Conference: Crimes and Representing Criminal Alien Defendants is Monday, December 15, 2003 at the Venetian Resort Hotel Casino in Las Vegas, NV. The advance registration deadline is December 4th. For complete details and to register online, please visit InfoNet at http://www.aila.org/infonet/contentViewer.aspx?bc=94,3209,3849

 

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4. AILA Litigation CLE Conference: Take Action Through Litigation: Going into Federal Court

 

AILA Litigation CLE Conference: Take Action Through Litigation: Going into Federal Court is Tuesday, December 16, 2003 at the Venetian Resort Hotel Casino in Las Vegas, NV. The advance registration deadline is December 4th. For complete details and to register online, please visit InfoNet at http://www.aila.org/infonet/contentViewer.aspx?bc=94,3209,3849

 

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5. “By Air, Land and Sea -When the POE Becomes a Brick Wall”

 

The first telephone call-in session is December 18.

 

Seminar Outline for December 18:

 

1) The ABC's of Entry - The Entry Process

·         Each Step, What They Do (Their Purpose)

o        Primary

o        Secondary

o        Deferral

o        Proceedings

·         General Pitfalls To Be Aware Of

2) Who Is An "Arriving" Alien

·         The Problem of Immigrant Intent

·         Unlawful Presence as a Ground for Inadmissibility

·         "Returning" Residents and the Use of Reentry Permits

3) Expedited Removal

·         When Does It Apply

·         Procedure That Is Followed

·         Alternatives

·         No Judicial Review

4) How To Get Relief from Expedited Removal - Challenging Prior Determinations

 

5) IBIS Checks and Other Data Checks

·         TECS - Treasury Enforcement Computer Systems

·         NAILS - National Automated Immigration Lockout System

·         NCIC

·         NLETS

·         CLETS

·         DACS

·         NIIS

·         CLASS

6) Other Relief

·         Parole

·         I-193

·         Reentry Permits

Speakers include Edward Litwin.  The Registration deadline for this first seminar is December 16 at 11:50 EST.

 

For more information on this seminar and how to register, go to http://www.ilw.com/lawyers/seminars/december2003.shtm.

 

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6. Student Immigration Issues

 

With the Young Lawyers Division (YLD), AILA will host a teleconference on Student Immigration Issues on Wednesday, December 17.  Topics covered by the Teleconference will include F, J and M visas, application and admission procedures for U.S. schools and vocational programs, the role of the foreign student advisor, changes impacting student visa holders and visa options for students post graduation.

 

Speakers for this teleconference include Stephen Yale-Loehr, Of Counsel, True, Walsh and Miller, Adjunct Professor, Cornell Law School, Ithaca, NY; and Ellen Badger, Director, International Student and Scholar Services, Binghamton University, Binghamton, NY.

 

To register online for the teleconference, go to http://www.aila.org/infonet/contentViewer.aspx?bc=94,175.  The registration deadline is Tuesday, December 17th at 9:00 am EST.

 

If you are not able to take part in the Teleconferences, but have an interest in the subject, Teleconference Tapes will be available in late December. Please visit Convention Seminar Cassettes online at https://www.csctapes.com/tapes/aila.htm to purchase tapes of these Teleconferences and to preview a complete catalog of the tapes available from all of the 2003 AILA Teleconferences.

 

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7. 2004 AILA Midyear CLE Conference

 

2004 AILA Midyear CLE Conference is January 16, 2004 in St. Thomas, U.S. Virgin Islands. The early-bird registration deadline is December 29th. For complete details and to register online, please visit InfoNet at http://www.aila.org/infonet/contentViewer.aspx?bc=94,3052

 

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8. AILA CLE Conference: Travel for Work and Business: Visa Application, Admission, Reentry with Post 9-11 Security Clearances

 

AILA CLE Conference: Travel for Work and Business: Visa Application, Admission, Reentry with Post 9-11 Security Clearances is February 8 - 10, 2004 at Deer Valley in Park City, UT. The early-bird registration deadline is January 8th. For more information and to register online, please visit InfoNet at http://www.aila.org/infonet/contentViewer.aspx?bc=94,3209,3904

 

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9. 2004 AILA Spring CLE Conference

 

2004 AILA Spring CLE Conference is Friday, March 5th at the Loews L'Enfant Plaza Hotel in Washington, DC. Registration information will be available in January 2004. Also in March 2004, AILA Congressional Lobby Day and Essentials of Immigration Law for Paralegals, Legal Assistants and Law Office Staff Conference (Thursday, March 4th), AILF Washington DC Immigrant Achievement Awards (Friday, March 5th), and AILA Spring Governance Meetings (Saturday, March 6th).

 

 

JOB OPENINGS

 

Attorney

 

The Midwest Immigrant & Human Rights Center (MIHRC), a program of Heartland Alliance for Human Needs & Human Rights, is seeking an Attorney who will devote 100% of her time to MIHRC's Unaccompanied Immigrant Children's Project by developing the project as a replicable model legal services program and providing direct representation and legal counsel to unaccompanied immigrant children.  The attorney will develop pro bono training materials, initiate training sessions, and coordinate with pro bono attorneys and other legal service providers. The attorney will also gather documentation, assess legal options and services available, prepare and submit the appropriate applications, administer Know Your Rights presentations, and provide representation as counsel or co-counsel.  In addition, the attorney will maintain communication with the Department of Homeland Security (DHS), including the U.S. Immigration and Customs Enforcement (ICE), and will cultivate a collaborative relationship with local and national immigration authorities to the extent possible.  The attorney will shape the project into a model service program for immigrant children and will communicate and coordinate with to non-profit organizations and governmental agencies nationwide to provide support in replicating the project across the country.  She will report to the MIHRC managing attorney and director.

 

Duties and Responsibilities

The Coordinator's duties will include the following:

 

Pro Bono Outreach

*          Develop training materials for pro bono attorneys;

*        Plan and implement quarterly training sessions for pro bono attorneys and

recruit attendees;

*        Assign cases and provide support and mentoring to pro bono attorneys representing MIHRC clients

*          Services for Children

*          Conduct telephonic and in-person intake with immigrant children;

*          Present cases for discussion at team meetings;

*          Prepare, as necessary, country conditions research to corroborate details of client stories to assist the team in assessing credibility;

*          Assemble, prepare, and submit documentation and applications for accepted cases;

*          Correspond with clients and potential clients about their eligibility for legal remedies;

*          Develop multi-lingual and culturally appropriate Know Your

Rights materials for children;

*          Represent clients as counsel or co-counsel.

Program Replication

*          Identify non-profit organizations providing legal and social services to unaccompanied immigrant children throughout the United States.

*          Communicate and coordinate with national non-profits and governmental agencies to share project information and provide support in establishing parallel programs throughout the country;

*        Travel as necessary to coordinate with collaborating agencies.

 

Other

*        Assist in the preparation of donor and policy reports and media stories;

*          Coordinate with non-governmental organizations providing legal services to Unaccompanied Immigrant Children;

*        Other duties as assigned.

 

Qualifications:

Excellent writing, editing, organizational, and computer skills are needed as is the ability to manage multiple tasks efficiently and simultaneously.

 

Ability to communicate articulately with individuals inside and outside the organization in both writing and speech are essential.  Ability to adapt to change well and perform well under tight deadlines strongly needed. 

 

Law degree required.  Experience with immigration law and/or family law strongly preferred. Master's in social work and/or equivalent employment experience with a non-profit or social service agency required. Fluency in English and Spanish is essential.  Master's degree or relevant experience preferred.

 

To apply, submit a cover letter, resume, writing sample and the names and telephone numbers of two references, and a confidential salary history and requirements to: Kristina Francisco, Midwest Immigrant & Human Rights

Center* 208 South LaSalle Street, Suite 1818, Chicago, Illinois 60604.

Kfrancisco@heartlandalliance.org

Fax (312) 660-1505

AA/EO -- Minorities, women and persons with disabilities are encouraged to apply.

* A Heartland Alliance Partner.

 

 

 

PUBLICATIONS

 

1. Agency Interpretations of Immigration Policy: Cables, Memos, and Liaison Minutes from 2002

 

This 500+ page compendium contains an entire year’s worth of official agency interpretive correspondence and AILA liaison committee meeting minutes in one place.

 

Soft cover:  ISBN 1-53750-116-5; $59 for AILA members, $95 for nonmembers

Hardcover: ISBN 1-53750-117-3; $75 for AILA members, $120 for nonmembers

 

To order, call 1-800-982-2839 or fax 301-843-0159 or online at www.ailapubs.org or by mail at AILA Publications, P.O. Box 753, Waldorf, MD 20604-0753.

 

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2. Unguarded Gates: A History of America's Immigration Crisis by Otis L. Graham, Jr.

 

Rowman & Littlefield Publishers

Hardback, 240 pp., ISBN: 0742522288, $26.95

http://www.amazon.com/exec/obidos/ASIN/0742522288/centerforimmigra

 

Throughout America's history immigration policy has always been a controversial and complex topic, going to the heart of what it means to be American. Now, with terrorism as a new concern, Americans have begun to look closer at the effects of rising immigration and porous borders.

 

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3. Immigrant Life in the US: Multidisciplinary Perspectives Edited by Donna R. Gabaccia and Colin Wayne Leach

 

Routledge Publishing

Hardback, 224 pp., ISBN: 0415306000, $90

http://www.amazon.com/exec/obidos/ASIN/0415306000/centerforimmigra

 

This book collects the best new research on globalization and human subjectivity in a classic "nation of immigrants". Contributors from the fields of sociology, anthropology, history and women's studies focus on the everyday social interactions that have made schools, workplaces and neighborhoods key sites of cultural creativity, transformation and resistance.

 

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4. Identity, Culture, and Politics in the Basque Diaspora by Gloria Totoricagüena

 

University of Nevada Press

Hardback, 312 pp., ISBN: 087417547X, $39.95

http://www.amazon.com/exec/obidos/ASIN/087417547X/centerforimmigra

 

For centuries, Basques have been leaving their beloved homeland, first to exploit the fisheries of the North Atlantic, then to participate in the creation and administration of Spain's vast overseas empire. More recently, Basques emigrated to escape crushing poverty, civil war, or the political oppression of the Franco Regime.

Unlike many exiles, however, a surprising number of émigré Basques have maintained their ethnic identity, even after five or six generations of residence abroad.

 

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5. Immigration and Ethnic Formation in a Deeply Divided Society: The case of the 1990s Immigrants from the Former Soviet Union in Israel by Majid Al-Haj

 

Brill Academic Publishers

Paperback, ISBN: 9004136258, $59

http://www.amazon.com/exec/obidos/ASIN/9004136258/centerforimmigra

 

This book deals with the ethnic formation among the 1990s immigrants from the former Soviet Union in Israel, in light of both domestic changes, and developments in the Israel- Arab conflict. Based on a broad variety of quantitative and qualitative methods, the book presents a detailed analysis of identity patterns among these immigrants, their orientation in matters of religion, society, culture and politics, and their relationships with all the constituent groups in Israeli society ­ including the Palestinian minority. The book provides a new critical perspective on questions of immigration, ethnicity and society in Israel. The analysis is placed in a global theoretical context that challenges the dominant approach in the sociology of immigration in Israel, which is based on the Zionist paradigm.

 

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6. 8 CFR, (Includes 2003 BCIS Changes)

 

The latest edition of the Immigration & Nationality Act (INA) is now available. This reference tool is invaluable while writing to the INS about a RFE or preparing a petition. Attorneys have been using the exhaustive topic indices in the 8 CFR Plus and The Whole ACT – INA (Annotated) to do just that for years.  Whether you are a seasoned practitioner or a less experienced attorney entering the immigration law field, these books are a must-have.

 

A Supplement is provided Free of cost updating the 8 CFR Plus as of June 1, 2003. All BCIS related changes have been included in this Supplement as well as a complete index to ALL 8 CFR Sections updated as of June 1, 2003.

 

Internet-only special price of $259 for our 4 book set (MSRP $299). For more information, go to http://www.ilw.com/lawyers/store/.

 

 

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MISCELLANEOUS ANNOUNCEMENTS

 

1. BIA Pro Bono Project

 

Represent Immigrants Before the Board of Immigration Appeals (BIA) BIA Pro Bono Project Needs Your Support!

 

The Board of Immigration Appeals (BIA) Pro Bono Project works to increase the level of pro bono representation to immigrants who are without representation before the BIA.  The Project's priority is to assist detained, pro se individuals with cases before the BIA.  In FY 2002, more than 3,900 detained immigrants had cases on appeal before the BIA.  Fifty-three percent of these immigrants did not have representation. The Project also assists non-detained, indigent, pro se individuals with cases before the BIA.  

 

Statistics show that represented persons are more likely to succeed in their claims to relief from removal than pro se individuals.  Detention hinders an individual's ability to obtain representation.  While some immigrants in DHS detention try to represent themselves, few detention centers stock their libraries with immigration materials.  Even if such materials are available, few individuals without legal training (or the ability to read and write in English) can master the complex legal procedures and standards that apply to their cases, especially at the appellate level.  Pro bono immigration attorneys have the necessary legal background, skills and resources to research, organize and write briefs for detained immigrants with cases before the BIA.  Frequently, the outcome of such cases can involve serious consequences for the immigrant, such as removal to a country where his or her life may be in danger. In order to increase representation to this population, the Catholic Legal Immigration Network, Inc. (CLINIC) is coordinating the BIA Project.  The Project is also supported by the American Immigration Law Foundation (AILF), the National Immigration Project of the National Lawyers Guild (NIPNLG), and the Capital Area Immigrants' Rights (CAIR) Coalition. 

 

The project concentrates on finding representation for four types of individuals: (1) asylum-seekers, (2) minors, (3) individuals who received a favorable decision by an Immigration Judge which was subsequently appealed by the government, and (4) persons with a case where the Immigration Judge requested certification of his/her decision from the BIA.  All cases involve individuals who were not represented before the Immigration Judge, and who remain pro se before the BIA. 

 

Since this is an appellate project, pro bono attorneys, supervised law students, and BIA accredited representatives from everywhere in the United States can participate. 

 

Individuals who indicate an interest in participating in this project receive, on a weekly basis, summaries of cases in need of representation.  Those who want to accept a specific case for representation contact CLINIC.  CLINIC facilitates initial contact with the unrepresented individuals and explains the Project to them.  Upon receipt of the pro bono attorneys' entry of appearance, the BIA sends the attorney a copy of the record of proceeding, and resets the briefing schedule to allow the attorney ample time to complete the brief.

 

The Project has a mentoring component that pairs experienced immigration practitioners with attorneys who have limited immigration law backgrounds.  The Project also conducts trainings on how to write effective BIA briefs.      

 

To learn more about the BIA Project, contact Molly McKenna at

(202) 635-2567 or mmckenna@cliniclegal.org

 

The BIA Project Needs Your Help!

 

BIA Project cases are carefully screened by attorneys representing CLINIC, AILF, NIPNLG, and CAIR.  The cases are then screened again by AILF and NIPNLG before they are forwarded via e-mail to Project participants.  This selection process ensures that the cases involve compelling issues of law and fact.  The Project facilitates initial contact between the pro bono attorney and the detainee by mailing the EOIR-27 and other material directly to the detainee.  Under the Project, new briefing schedules and extensions are granted so that there is ample time to prepare the appeal.

 

Please share information about the BIA Project with colleagues who might be interested in participating.  Contact Molly McKenna at CLINIC (202) 635-2567 or mmckenna@cliniclegal.org to learn more.

 

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2. Telephonic Workshops for Lawyers Listed in ILW.COM’s Directory

Attorneys listed in ILW.COM's directory of immigration lawyers http://www.ilw.com/directory/findlawyer.asp can now participate in telephonic workshops focusing on efficient marketing of their practices online, and effective integration of their ILW.COM presence with their online and offline marketing efforts. Other aspects of Law Practice Management are also covered in these telephonic workshops which are offered free of charge to members in good standing of ILW.COM's directory of immigration attorneys. The next telephonic workshop will be from 1.15pm ET to 2pm ET on Tuesday, December 30th. Those interested in participating should send a request for registration to mailto:webmaster@ilw.com.

 

Those law firms not yet listed in our directory may want to note that approximately 200,000 searches are made each year for immigration attorneys on ILW.COM. That's more than 400 searches per year per attorney listed in our lawyer directory. Which means that if you are listed with ILW.COM, then your listing will be searched once each day throughout the year. You need only one client a year to make a profit on your listing! We can even link your ILW.COM listing directly to your own website. For a personal discussion on listing your practice in our directory, please write to mailto:webmaster@ilw.com.