September 5, 2003 - Immigration Law Firms And The Virus Attack

[Immigration Daily from ILW . COM]

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

September 5, 2003

Contents:
1.  Editor's Comments: Immigration Law Firms And The Virus Attack
2.  ILW Focus: Free Workshop For Immigration Lawyers
3.  Article by Cyrus D. Mehta:  New Interpretation On Job
Flexibility During Adjustment Of Status
4.  Immigration Law News
    (a)  BALCA Says CO Abuses Discretion In Refusing To
Reconsider Allegedly Untimely Rebuttal
    (b)  BCIS Issues Sudan TPS FAQs
    (c)  BCBP Seeks Comments
    (d)  Petitioner's Right To Fair And Full Trial Is Violated
Where IJ Is Hostile, Sarcastic
    (e)  6th Circuit Says Stop-Time Rule Is Retroactive Even
After St. Cyr
    (f)  No Asylum Claim Where Laotian Is Permitted To Leave His
Country And Remaining Family Members Are Not Harmed
    (g)  Sen. Lieberman Calls For Immigration Reform
    (h)  Citizenship Oath Gets Makeover
5.  Classifieds: Help Wanted: Experienced And Entry-Level Paralegals
Case Management Software
6.  Letters to the Editor (2)

http://www.ilw.com/lawyers/immigdaily/digest/2003,0905.shtm

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1.  EDITOR'S COMMENTS

Immigration Law Firms And The Virus Attack

This is our third editorial in recent weeks on the Sobig.F
virus/worm. This is one of the worst, if not the worst, problems
to befall the Internet in many, many years (this epidemic is on
the cover story in the current issue of Business Week and is also
covered in the current issue of Forbes. For those of our readers
who are interested, we provide some links below).    How does
this virus affect immigration lawyers? Here are some issues that
occur to us:

++Email boxes are getting jammed with spam generated by this
virus, so clearly using email in the normal course of business is
much harder. However, it appears that people are coping, albeit
with much grumbling. If you are reading this in the email
version, after having waded through Sobig.F generated spam, you
know what we mean. Your clients are also going to wade through
the deluge of spam to read your email. This attack has taught us
that email is important even when inconvenient to use.

++This attack once more highlights the fundamental insecurity of
the Internet. The BCIS in its e-filing and other electronic
initiatives, including case management, may want to draw the
obvious lesson and work with immigration software vendors and the
immigration bar to develop community standards in order to
enhance the security of its own software. Experience in software
has long shown that software developed using community standards
is more secure than that developed unilaterally.

++It should also be clear to all Internet users that security can
no longer be thought of as someone else's job. All of us need to
work together to help make the Internet a more secure place. For
the immigration law firm, what this means, is that (1) every
computer in the firm must have virus protection, (2) if there are
always-on connections in the office, especially for a server,
firewall software is essential, (3) above all, updating security
patches must be made into a routine task and not something that
is done once a year. (4) It bears repeating that no email user
should open attachments which are not expected.   

Resources for more information:

++ http://www.entrepreneur.com/article/0,4621,310664,00.html
++ http://www.pcmag.com/article2/0,4149,1227422,00.asp
++ http://www.aspnews.com/news/weekly/article/0,2350,4271_3066311,00.html
++ http://www.cnn.com/2003/TECH/internet/08/21/sobig.virus/
_________________________________________________________________
2.  ILW FOCUS

Free Workshop For Immigration Lawyers

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 on
Thursday, October 16th. Those interested in participating should
send a request for registration to mailto:address@hidden
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:address@hidden
http://www.ilw.com/lawyers/immigdaily/focus/2003,0905-seminar.shtm
_________________________________________________________________
3.  FEATURED ARTICLE

New Interpretation On Job Flexibility During Adjustment Of Status

Cyrus D. Mehta writes "While the Yates memo provides useful
guidance on the application of Section 106(c) in the context of a
concurrent I-140/I-485 filing, it leaves several questions unanswered."
http://www.ilw.com/lawyers/colum_article/articles/2003,0905-mehta.shtm
http://www.cyrusmehta.com/
_________________________________________________________________
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Attorney listings on ILW 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: http://www.ilw.com/lawyers/membership/
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_________________________________________________________________
4.  IMMIGRATION LAW NEWS

(a) BALCA Says CO Abuses Discretion In Refusing To Reconsider
Allegedly Untimely Rebuttal

In the Matter of Cardenas Markets, Inc., Nos. 2002-INA-236, 2002-
INA-237 (BALCA, Aug. 15, 2003), the Board of Alien Labor
Certification Appeals said that it was an abuse of discretion for
the Certifying Officer not to reconsider when Employer had mailed
the rebuttal to the Notice Of Findings within the 35 day period
but which the CO had refused to consider because it was received
outside the 35 day period.
http://www.ilw.com/lawyers/immigdaily/dol_news/2003,0905-Pineda.pdf

(b) BCIS Issues Sudan TPS FAQs

The Bureau of Citizenship and Immigration Services released a
press release
http://www.ilw.com/lawyers/immigdaily/doj_news/2003,0905-sudan.pdf
and FAQs
http://www.ilw.com/lawyers/immigdaily/doj_news/2003,0905-sudanfaq.pdf
on the extension of TPS for Nationals of Sudan.
http://www.ilw.com/lawyers/immigdaily/doj_news/2003,0905-sudan.shtm

(c) BCBP Seeks Comments

The Bureau of Customs and Border Protection sought comments on
the report of complaint, Form I-847.
http://www.ilw.com/lawyers/immigdaily/federal_reg/2003,0905-I847.shtm

(d) Petitioner's Right To Fair And Full Trial Is Violated Where
IJ Is Hostile, Sarcastic

In Reyes-Melendez v. INS, No. 02-70526 (9th Cir. Sep. 4, 2003),
the court said that because the Immigration Judge (IJ) reached
conclusions on Petitioner's ability to qualify for suspension of
deportation before considering all relevant evidence and not as a
neutral fact-finder, the IJ violated Petitioner's right to a fair
and full trial. The court noted that the IJ's order was replete
with sarcastic commentary and moral attacks on the Petitioner and
that the record indisputably demonstrated that the IJ was hostile
towards Petitioner and judged his behavior as being morally bankrupt.
http://www.ilw.com/lawyers/immigdaily/cases/2003,0905-Reyes.pdf

(e) 6th Circuit Says Stop-Time Rule Is Retroactive Even After St. Cyr

In Suassuna v. INS, No. 02-3084 (6th Cir. Sep. 4, 2003), the
court found that for determining eligibility for suspension of
deportation in cases that were pending as of April 1, 1997, the
alien's period of continuous physical presence ends upon service
of the order to show cause, even if such order was issued prior
to the enactment of the stop-time rule.
http://www.ilw.com/lawyers/immigdaily/cases/2003,0905-Suassuna.pdf

(f) No Asylum Claim Where Laotian Is Permitted To Leave His
Country And Remaining Family Members Are Not Harmed

In Long v. Ashcroft, No. 02-3203 (8th Cir. Sep. 3, 2003), the
court said that Petitioner lacked a well-founded fear of future
persecution because he was not harrassed during the nine years
before he left Laos, his wife was not bothered after he left, and
there was no indication that his two daughters who remained in
Laos have been harmed. In addition, Petitioner and his wife were
issued passports and were permitted to leave the country.
http://www.ilw.com/lawyers/immigdaily/cases/2003,0905-Long.pdf
_________________________________________________________________

(g)  Sen. Lieberman Calls For Immigration Reform
(h)  Citizenship Oath Gets Makeover
For links to these articles, click here:
http://www.ilw.com/lawyers/immigdaily/digest/2003,0905.shtm#Other-items
_________________________________________________________________
5.  CLASSIFIEDS:

(a) Help Wanted: Experienced And Entry-Level Paralegals
Greenberg Traurig,
http://www.gtlaw.com/practices/immigration/index.asp
a large international law firm, has openings in its Tysons Corner
office for experienced and entry-level immigration
specialists/paralegals. Will train for entry-level/junior
position. Both positions require a Bachelors degree; experienced
position requires 3+ yrs of experience in the immigration field,
with at least one year at a senior level. Strong organizational,
written, computer and verbal skills are required. Excellent
benefits and compensation packages offered. Send resume + cover
letter, including salary requirements by either fax: 703-714-8378
or email: mailto:address@hidden Please state the position,
experienced or entry-level position, that you are applying for.

(b) Case Management Software
Do you want to grow your immigration business in today's market?
If so, let Emaximm help. Successful attorneys invest in the best
technology to run their practice, so they can maximize the use of
their time. Emaximm technology uses automation and easy to use
tools that allow immigration attorneys to maximize their
resources and improve profitability. Just enter a sample case in
Emaximm and have your prospects and clients log into their client
center for instant status and dialogue with your firm. No hidden
costs, no setup fees, no per case fee, free phone support. Best
of breed technology for a simple price tag. Test it out. You'll
find it will be your smartest immigration tool. Visit our website at:
https://www.emaximm.com
to sign up for a test drive. For more information, email us at
mailto:address@hidden or call us at either one of our
locations: Michigan: (248) 844-1200 x 204 or New Jersey: (732) 423-5159.

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: https://www.ilw.com/secure/a/advertising.asp
For a listing of current immigration events please click here:
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For services/products of use in your law practice please click
here: http://www.ilw.com/lawyers/store/
_________________________________________________________________
6.  LETTERS TO THE EDITOR

(a) Dear Editor:
TPS is not extended
http://www.ilw.com/lawyers/immigdaily/federal_reg/2003,0904-tps.shtm
for for Sierra Leone to November 2, 2004.  TPS for Sierra Leone
ends on effective date of 5/3/04.  (There is an automatic
extension available to 5/3/04 for some TPS aliens, but the TPS
designation is ending.)  D. Jackson Chaney Irving, TX   Editor's
Note: Thanks for pointing out our error. The correction appears at:
http://www.ilw.com/lawyers/immigdaily/federal_reg/2003,0904-tps.shtm
http://www.ilw.com/lawyers/immigdaily/letters/2003,0905-Chaney.shtm

(b) Dear Editor:
Mr. Endelman's recent article
http://www.ilw.com/lawyers/colum_article/articles/2003,0904-endelman.shtm
repeats the claim that "Americans continue to earn fewer graduate
degrees in computer science and mathematics, the need for such
knowledge continues to grow. What is at stake is the intellectual
future of the nation. American students fall further behind their
international competition in virtually any test of math and
science literacy. The blame for this cannot be placed at the
doorstep of the H-1B and L-1 workers."   On the contrary,
American students who see their parents laid off from fields such
as IT and engineering, only to be replaced by H1-B and L-1
workers, have absolutely no incentive to go into these areas in
school.  Add to that the wage stagnation (also contributed to by
importing foreign workers) and our very smart American students
see that they're better off investing their money and their
futures in a business education and an MBA rather than more
technical areas.  Furthermore, as George Borjas has pointed out,
the opportunity costs for an American student to go for a
graduate degree are not offset by the salary he can earn.
Foreign students, on the other hand, are a cheap source of labor
for academia, and are not losing by going on to graduate school--
they do so in the hope that a graduate degree will get them a
green card (or at least an H1-B) to stay in the US.     Finally,
please bear in mind that "American" students these days include
large numbers of children of immigrants, children who have often
not even attended school in their home countries.  Americans may
not rank well in math and science, but the particular challenges
of educating immigrant students make the task of educating
everyone more difficult and expensive, particularly given the
budget constraints schools are under.     Ali Alexander
http://www.ilw.com/lawyers/immigdaily/letters/2003,0905-Alexander.shtm
_________________________________________________________________
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Editorial Advisory Board
Marc Ellis, Gary Endelman

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