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  • Sept 6 - Slow Pace Of DACA

    Comment: Slow Pace Of DACA - The Pasadena Star-News reports that DACA applications are not being filed at the rate many expected. The primary concern is the lack of an appeals process in the event applications are rejected. Additionally, there are concerns over whether the program will continue to exist if President Obama does not get re-elected. We comment on both of these below.
    The lack of appellate procedure will be the case in any instance of prosecutorial discretion; it is the nature of the beast. We see this program as a blessing for many, despite its imperfections. Those with concerns about their status should consult with attorneys - many groups are offering pro bono services and, in general, the fees charged by attorneys to work on these cases are not too high. In addition, the continuation of the program should not be a concern to those seeking Deferred Action for two reasons. First is that polling so far has shown a fairly close race, so it is distinctly possible that Mr. Obama will remain in the White House. On the other hand, while Mr. Romney claims he would end DACA if elected, there are reasons to believe he would not act on that statement. It would be an exceedingly bad public relations move given the GOP's growing problem connecting with Hispanic voters. More importantly, it is hard to believe that a President Romney would begin his term of office with such a controversial move. Naturally, he will have limited political capital, and the huge looming fights over the budget and Obamacare will consume all of it (and then some). It is unlikely that something with very little upside like ending DACA would be given much more than lip service in the initial six months of a Romney administration. Now, even presuming that Mr. Romney decides that ending DACA is an expenditure of his political capital, he might well simply direct that any new DACA applications be rejected. In this event, such direction may well wait for the nomination and Senate confirmation of a new USCIS Director, and in the interim, the bureaucracy can be expected to churn out continuing DACA approvals. However, for those who already have a DACA approval by then, we believe that not only will Mr. Romney respect their quasi-status, but he will even continue to renew their EADs in the years to come. We say this based on the track record of previous administrations and Congresses once EADs have already been granted. There is the final possibility that the courts might decide that they have some jurisdiction over the DACA process and may force some EAD continuance by themselves. In any event, furious litigation over this matter should be expected should Mr. Romney really decide that ending DACA is to be the keynote of the early stages of his administration. Share your thoughts with us at editor@ilw.com and read the full article here.

    Today's Obama's Childhood Arrivals Promise Graph

    Article: Current State Of EB-5 by Joseph Whalen

    Article: What's Next For De-equitization? by Ed Poll

    Blogging: Visa Bulletin Projections For October 2012 by Chris Musillo

    News: DHS Revokes Designation Of People's Liberation Army of Nepal As A Terrorist Organization

    Focus: New Edition of Immigration Practice By Robert C. Divine
    Immigration Practice by Robert C. Divine & R. Blake Chisam is an invaluable supplement to Kurzban's with a different approach. It is also useful to newer practitioners and paralegals in view of its easy to understand and practical style. The new edition of Immigration Practice is available for pre-publication sale now! For more info, see here. To order by fax, see here.

    Headline: ILW.COM - Legal Education: Workshops: The EB-5 Summit For Attorneys and Developers http://ow.ly/dvRja
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    To submit an article or a news item to Immigration Daily, write to editor@ilw.com. Follow ILW.COM on Twitter.


    Help Wanted: Immigration Paralegal
    Toronto, CA - Ernst & Young is seeking a Senior Paralegal within its US immigration practice to support the team of immigration attorneys. Responsibilities include but not limited to drafting complete application packages for review by supervising lawyer, coordinating tracking status expiration and filing dates for ongoing clients, researching current processing requirements at consulates, ensuring that lawyers are at all times advised of client related issues, speaking with HR representatives of corporate clients and employees (applicants) to obtain information to assist in drafting applications. The ideal candidate must have 5+ years of US business immigration experience, be highly organized, be able to communicate effectively and have strong attention to details. Work sponsorship and relocation allowance may be available. To apply please visit http://www.ey.com/CA/en/Careers

    Help Wanted - Immigration Paralegals
    Washington, DC - Immigration Law Group, PC is seeking experienced paralegals. Ideal candidates must have a broad knowledge and 3+ years of experience in business/family immigration law with emphasis on AOS, H1B, L1 and PERM filings; be detail-oriented; able to handle volume independently; highly organized and have strong communication skills. Immigration Law Group offers interesting work and clientele; no timesheets; latest technology; competitive salary and benefits (401K w/employer match, health insurance, paid vacation, etc). To apply, please email resume, cover letter and salary requirements to jobs@immigrationgroup.com. No calls please. EOE.

    Help Wanted - Immigration Attorney
    Miami, FL - Carlton Fields is seeking an experienced Associate Attorney to join its immigration team in the Miami office. The immigration department handles cases in all areas of immigration law. The ideal candidate will have 4+ years of experience in litigation and/or employment-based immigration including NIV and IV petitions, PERM filings, waiver applications, and handling cases in immigration court. EB-5 experience a plus. Applicants must be detailed oriented, communicate clearly and express ideas succinctly in both verbal and in written communications, have excellent research skills/experience, and Spanish language ability. Carlton Fields offers excellent benefits, a positive work environment, and a professional staff. To apply, please send a cover letter and resume along with a writing sample, recommendations and salary requirements to Shannon Williams, Director of Legal Talent Management for immediate consideration. Salary commensurate with experience.

    Case Management Technology
    Leading immigration case management and compliance solutions from INSZoom. INSZoom delivers an immediate return on investment by giving immigration professionals the ability to automate immigration case management and compliance. Use INSZoom to establish systematic ways to improve your firm's effectiveness in managing client cases, from initiation to compliance and beyond. Access 800+ immigration forms, all updated automatically within 24 hours of release. e-File all major USCIS forms from any location. Use client relationship and practice management portals to give clients and stakeholders access to parts of the case process. Access powerful group calendaring and alert tools, email and note management, billing and invoicing modules and much more. See why law firms of all sizes have chosen INSZoom as their technology partner for nearly 12 years at www.INSZoom.com. Call (925) 244-0600 or email Sales@INSZoom.com to schedule your free online demonstration. Watch for INSZoom representatives at events across the US & online webinars. Learn more about our 2012 events at http://www1.inszoom.com/events/index.aspx.

    Immigration Law Certificate
    Classes offered both online and in-person. Master the complex and ever changing maze of immigration policies and regulations with the Immigration Law Studies Certificate Program offered by CUNY's School of Professional Studies. This graduate-level certificate program, consisting of (3) three-credit classes, offers students who complete it a comprehensive understanding of the laws, regulations, and processes surrounding the status of immigrants in the US, including family and employment-based immigration and deportation defense. It is designed for individuals working in law firms, companies, government agencies and nonprofit organizations where they interact with immigrants and immigrant legal concerns on a regular basis and would therefore benefit from greater knowledge of the laws and regulations surrounding immigration. For more information on class schedules, tuition and fees, course applications and to register, see here

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    Publisher:&nbsp Sam Udani &nbsp&nbsp ISSN: &nbsp 1930-062X
    Advisory Board: Jason Dzubow, Rami Fakhoury, Matthew Kolken, Chris Musillo, Greg Siskind, Joel Stewart, Margaret Wong
    Comments 1 Comment
    1. Joe Whalen's Avatar
      Joe Whalen -
      Regarding slow pace of DACA-- I read an article that looked at increased workloads at various courts and law enforcement clerks offices. It seems that prospective DACA applicants are checking themselves out, or more likely their advocates (CBOs, NGOs, Reps and attorneys) are making them do it. That may help to explain why it seems like numbers are lower than expected. That of course goes hand-in-hand with another observation I saw the other day about the confusion about being "enrolled in school" and the fact that many were on summer vacation. I would expect things to pick up soon. It's just a guess, what would I know about such matters.
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