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Volume Seven, Number Ten
Published by the Law Offices of Carl Shusterman, 600 Wilshire Boulevard, Suite 1550, Los Angeles, California, 90017. Phone: (213)623-4592, Fax: (213) 623-3720, E-Mail: carl@shusterman.com, WWW Home Page: http://www.shusterman.com
To subscribe to SHUSTERMAN'S IMMIGRATION UPDATE, fill out the brief online form at http://www.shusterman.com/subscribe.html#subscribe or send an e-mail message to majordomo@ls.shusterman.com, with the words "subscribe visalaw" in the body of the message.
To unsubscribe, fill in your e-mail address at http://www.shusterman.com/subscribe.html#unsubscribe or send an e-mail message to majordomo@ls.shusterman.com, with the words "unsubscribe visalaw" in the body of the message.
For back issues of SHUSTERMAN'S IMMIGRATION UPDATE, see
Disclaimer: This newsletter is not intended to establish an attorney-client relationship. All information contained in this newsletter is generalized. Any reliance on information contained herein is taken at your own risk.
1. November 2002 State Department Visa Bulletin
2. Latest Governmental Processing Times
3. Legislation: 7th Year H-1Bs, Physicians and More
4. Anti-Immigration Groups in Bed with Hate Groups?
5. Immigration Trivia Quiz: American Cultural Imperialism?
6. Students: SEVIS, ISEAS & DOS Resources for Students
7. Establishing Hardship to Qualify for Cancellation of Removal
8. Schedule of Upcoming Immigration Law Seminars
9. Chat Schedule, Transcripts, Audios & Videos
10. Answers to the September 2002 Immigration Trivia Quiz
413 Registered Nurses 67 Physical Therapists 164 Medical Technologists
118 Pharmacists 41 Occupational Therapists
CLICK HERE TO SEE THEIR IN-DEPTH RESUMES AND PHOTOS
And To Get Definitive Information On How Foreign Recruiting Can Cure Your Shortages Permanently!
HTTP://WWW.GLOBALMEDS.NET/HOME.ASP
Editor's Note: Don't look for this bill to pass Congress this year.
Our hats are off to the folks at the INS who made this possible. We link to the system from our "INS" page at
Before we file our complaint in Federal Court, it is important to stress the following two points: (1)This will not be a class action law suit. Therefore, unless you participate as a plaintiff, we cannot assure you that you will benefit from the law suit; (2) We are offering our services to potential plaintiffs free of charge.
If you are interested in being a plaintiff, please contact Elif Keles, Esq. of our office by e-mail at ekeles@shusterman.com as soon as possible.
The worldwide 1st preference category (unmarried, adult sons and daughters of U.S. citizens) inched forward two weeks. The worldwide 2A preference category (spouses and unmarried children of permanent residents) and the 2B category (unmarried sons and daughters of permanent residents) both moved forward four weeks. The worldwide 3rd preference category (married sons and daughters of U.S. citizens) advanced five weeks while the 4th preference category (brothers and sisters of U.S. citizens) moved ahead eight weeks.
Most of the Mexican and Philippine categories also advanced with the exception of Mexican 2B. The most significant advance occurred in the Mexican 1st preference category which moved forward by seven months.
The Visa Bulletin creates false expectations. For example, a U.S. citizen parent of a single adult son or daughter is led to believe that his or her child will be able to immigrate in a little less than three years since the priority date for the worldwide family- based 1st preference category is March 15, 1999. The unfortunate reality is that this date has only advanced by 15 days since November 2000. The parents and children should be informed of this fact, and advised either to seek other means to immigrate or to reconcile themselves to the fact that they will have to live their lives in different countries.
Unless Congress acts to reform the family-based system, the 3.5 million persons waiting to immigrate to the U.S. based on approved family-based petitions should consider other options for immigrating.
All of the employment-based numbers remain current.
The November 2002 Visa Numbers can be found at
Our web site contains the waiting times of each center and enumerates each state served by the center and any foreign offices within the center's jurisdiction.
The service centers periodically issue lists of their processing times for various types of applications. Our web site contains the latest list issued by each service center.
Warning: Processing times may appear faster on the official lists than they are in reality. These processing times are not recognized as official by the INS in Washington, D.C. and are not posted on the official INS web site.
To see how fast (or slow) your service center is processing a particular type of petition or application, see our Government Processing Times Page at
(A) Post-6th Year H-1B Extensions - The American Competitiveness in the 21st Century Act of 2002 (AC-21) provides that it is possible, under certain circumstances, for persons in H-1B status to obtain extensions of stay beyond the usual 6th year maximum. See
The problem is that many persons in H-1B status have been waiting for the approval of labor certification applications for over one year, but their employers cannot submit an I-140 immigrant visa petition on their behalf until the labor certification is approved.
The new bill amends AC-21 to provide that if the application for labor certification has been pending for over 365 days, this alone will permit the employer of a person in H-1B status to apply to extend the employee's H-1B status beyond the 6th year in one-year increments. The H-1B may be extended until any of the following events occur: (1) the application for labor certification is denied; (2) the immigrant visa petition is denied; or (3) the application for adjustment of status or for an immigrant visa is either approved or denied.
In order to benefit from this amendment, it is NOT necessary that the person still be in H-1B status or even be present in the United States.
(B) Extension and Expansion of Conrad State 20 Program
Last year, I had the privilege of assisting the staff of Senator Sam Brownback (R-KS) in drafting the "Rural and Urban Health Care Act of 2001" (S.1259). Section 5 of that bill would have expanded and extended the Conrad State Program which allows states to sponsor up to 20 J waivers annually for physicians who agree to practice in medically underserved areas.
Following the untimely demise of the Department of Agriculture's J waiver program for physicians, Congress decided that the time was right to extend the Conrad program for two years and expand the number of physicians which each state may sponsor from 20 to 30. Kudos to Senators Kent Conrad (D-ND) and Sam Brownback (R-KS) and to Congressman Jerry Moran (R-KS). See Senator Brownback's press release on the expanded J waiver program at
We have posted the complete text of the 169-page "21st Century Department of Justice Appropriations Authorization Act" (H.R.2215) on our web site at
The first article, "The Puppeteer", is subtitled "The organized anti-immigration 'movement,' increasingly in bed with racist hate groups, is dominated by one man".
After conducting a four-month investigation after September 11th, the report concludes that "the appearance of an array of groups with large membership bases is nothing more than a mirage. In fact, the vast majority of American anti-immigration groups - more than a dozen in all - were either formed, led, or in other ways made possible through" the efforts of one man.
The report identifies this man as John Tanton, a Michigan ophthalmologist. Mr. Tanton started his political activities innocently enough as an environmentalist who focused on overpopulation. The report details his transformation to an anti- immigration zealot and founder of the largest anti-immigration group, the Federation of Americans for Immigration Reform (FAIR).
According to Rick Swartz, a pro-immigration activist who founded the National Immigration Forum in 1982, "Tanton is the puppeteer behind this entire movement... He is the organizer of a significant amount of its financing, and is both the major recruiter of key personnel and the intellectual leader of the whole network of groups."
What groups are involved and who finances the anti-immigration movement?
The report identifies FAIR which was founded by Tanton in 1979, U.S. Inc. which he created in 1982, and U.S. English in 1983. The report states that, in 1985, FAIR spun off another Tanton creation, the Center for Immigration Studies, which portrays itself as an impartial think tank and regularly is invited to testify before congressional committees regarding immigration policies. "Today, the Center regularly dispatches experts to testify on Capitol Hill, and last year it was awarded a six-figure research contract by the U.S. Census Bureau."
Racism?
The report states that as far back as 1988, certain memos written by Tanton and then-FAIR chairman Roger O'Connor revealed the racist nature of these men. The derogatory references to Latinos in these memos provoked major defections from the anti-immigration movement. Linda Chavez, executive director of U.S English and a conservative, Republican columnist quit her post when she learned of Tanton's bigoted anti-Latino bias. Similarly, esteemed newsman Walter Cronkite resigned from the board of U.S. English calling the memos "embarrassing".
The report goes on to document the collaboration between many of Tanton's groups with openly racist organizations.
Although FAIR and related anti-immigration groups like to portray themselves as mass organizations in order to enhance their political power, the report contends that their membership numbers are highly inflated and that they are funded by huge contributions from a few wealthy contributors.
For example, between 1985 and 1994, FAIR received over $1 million from the Pioneer Fund, a pro-eugenics group which was tied to the Nazi eugenics program in the 1930s. Even as late as 2000, over half of FAIR's funding was provided by six donors. Similarly, the report states that 14 donors accounted for over 90% of the funding for the Center for Immigration Studies.
Wealthy right-wing individuals like Richard Mellon Scaife and his sister Cordelia May Scaife, both heirs to the Mellon bank fortune, have contributed over $1 million to FAIR and related organizations. The report also identifies the following foundations as major contributors: McConnell (whose President, Scott McConnell, is on the board of both FAIR and CIS), Shea, Weeden, Salisbury, Smith Richardson, Blair and Sikes.
Despite the connection between groups within the Tanton network and racist organizations (Please read the report for details.), the Tanton alumni have been able to elevate themselves into prominent positions within the INS and congressional staffs.
For example, both Rosemary Jenks (a former researcher for the Center for Immigration Studies) and Linda Purdue (a Tanton associate) are both lobbyists for Numbers USA. At a recent meeting with Representative Thomas Tancredo (R-Colo), the leader of the anti- immigration forces in the House of Representatives, Jenks announced that both she and Purdue could be reached in Tancredo's congressional offices where they were "virtual staffers". Cordia Strom, who the report identifies as FAIR's former legal director, is now "counsel to the director and coordinator of congressional affairs for the Immigration and Naturalization Service."
The report paints an alarming picture of Tanton's organization, their influence on our country's immigration policies, and their ties to hate groups.
We recommend that our subscribers read the articles and draw their own conclusions.
We link to "The Puppeteer" at
No, cultural imperialism is where the French choose to eat Chicken McNuggets instead of escargot on the Champs-Elysees or the Viennese frequent the new smokeless Starbucks instead of drinking the homegrown brew while inhaling cigarette fumes.
But what do you call it when persons immigrate to the U.S. from other countries, and create a product which is popular with people all over the world and which creates jobs in the U.S. and abroad? A smart immigration policy?
You be the judge. Click the link, and take the quiz:
CIPRIS never got off the ground due to almost unanimous opposition from colleges and universities. See
On September 18, the State Department published interim regulations implementing the ISEAS (Interim Student and Exchange Authentication System) program which will remain in place until SEVIS is fully operational.
We link to INS's online SEVIS resources, to the ISEAS regulations and to two recent State Department cables regarding ISEAS from our "Student" page at
The INS representative was very positive. "If we can keep to our schedule, SEVIS will be fully deployed by Jan. 1. We are doing everything we can to meet that schedule, and frankly the toughest part is behind us," said Janis Sposato, an assistant deputy executive associate commissioner at the INS. She stated that while she is confident that the INS will be able to make SEVIS available to eligible schools by the January deadline, she doesn't expect that all students will be entered into the database by that time.
Glenn Fine, the DOJ Inspector General who studied the implementation of the SEVIS program was not optimistic. Mr. Fine testified that "despite the substantial efforts made by the INS, we continue to believe that full implementation of SEVIS is unlikely by January 30."
Another skeptic is Catheryn Cotten, director of the International Office at Duke University in North Carolina. Ms. Cotton, representing NAFSA, conceded that the INS had improved since the Inspector General's first report in May 2002. However, she is concerned about the adequacy of the training being provided to schools, and the lack of INS personnel available to input student information into the system. Her university has been participating in the pilot program to test the system, and despite INS's reassurances, she remains concerned about the existing bugs in the system.
Ms. Sposato countered that these bugs would be corrected in the upcoming version of SEVIS which is due out in October.
Stay tuned!
The complete text of the witness testimony is available online at
This remedy was called "suspension of deportation" and could only be granted at the discretion of an Immigration Judge. What kind of people benefited from suspension of deportation? We feature a couple of examples on our web site. We link to their photos and their stories from our "Photo Gallery" at
In 1996, a law was enacted which abolished the remedy of suspension of deportation, and substituted in its place, cancellation of removal for persons who are not permanent residents.
Cancellation of removal is much more restrictive than suspension of deportation. Congress raised the period of continuous physical presence from seven years to ten years. In addition, all ten years must occur BEFORE the INS institutes removal proceedings. In addition, certain persons with petty criminal convictions in the distant past are prohibited from showing good moral character. Finally, and most importantly, the hardship requirement was made much more restrictive. The "extreme hardship" standard was replaced by "exceptional and extremely unusual hardship" standard. The hardship to the applicant is no longer counted, only the hardship to his or her parents, spouse and/or children who are U.S. citizens or lawful permanent residents.
In those rare cases where an Immigration Judge grants cancellation of removal, the INS regularly appeals the decision to the Board of Immigration Appeals (BIA). In its two previous precedent cases, the BIA both found that the applicants had failed to meet the strict hardship requirement.
Recently, the BIA published a precedent decision where the applicant did meet the hardship requirement.
In a unanimous en banc decision decided on September 19, the Board of Immigration Appeals (BIA) further clarified what constitutes "exceptional and extremely unusual hardship" for purposes of qualifying for cancellation of removal for persons who are not permanent residents.
In Matter of Recinas, 23 I&N Dec.467 (BIA 2002), the Board overturned the decision of an Immigration Judge and held that a single mother who supports and cares for her six children, four of whom are U.S. citizens aged 12, 11, 8 and 5, who has no immediate family in Mexico, and who has limited financial resources, established the requisite hardship to qualify for cancellation of removal. Other relevant factors were the children's unfamiliarity with the Spanish language and the lack of alternate means for the mother to immigrate to the United States. The mother's parents are lawful permanent residents of the U.S. and her five siblings are citizens of the U.S.
In reaching this conclusion, the BIA cited its holding in Matter of Monreal, 23 I&N Dec. 56 (BIA 2001) in which the Board held that while the hardship must be "substantially beyond that which would ordinarily be expected to result from the person's departure", it need not be "unconscionable". Monreal holds that consideration must be given to the "age, health and circumstances of qualifying family members including how a lower standard of living or adverse country conditions" may affect qualifying relatives. In Monreal, the Board failed to find the requisite hardship since, among other factors, the respondent would be reunited with his wife who had already returned to Mexico with one of their children.
The Board also cited Matter of Andazola, 23 I&N Dec 319 (BIA 2002), another case where the respondent failed to meet the requisite standard for hardship where her husband had legal status in the U.S. and could support the family in Mexico and where the respondent had accumulated assets sufficient to ease the transition of moving her family to Mexico.
The Board distinguished the instant case from Monreal and Andazola, finding that the respondent's mother was taking care of her grandchildren which made it possible for the respondent to start a business which allowed her to provide for her children.
Significantly, even though the noncitizen children had no qualifying relatives, the Board ordered that their cases be held in abeyance. As soon as their mother adjusted her status, the children would have a qualifying relative and would then be eligible to be granted cancellation of removal.
We link to the complete text of the BIA decisions in Recinas, Monreal and Andazola from our "Deportation" page at
A) October 24-25, 2002 San Antonio, Texas
"26th Annual Conference on Immigration & Nationality Law"
(I will speak about "Using the Web to Practice Immigration Law")
For additional information, see
B) November 1, 2002 Scottsdale, Arizona
(I will speak on advanced topics related to the employment of H-1B workers.)
C) November 14-16, 2002 Monterey, California
"15th Annual California Chapters Conference"
(I will speak about "Health Care Workers".)
For additional information, see http://www.aila.org under "Events and CLE"
D) November 18-19, 2002 San Francisco, California
"35th Annual Immigration & Naturalization Institute"
(I am participating in a panel entitled "INS & State Department Update" with Stephen K. Fischel, Office Director; Legislation, Regulation and Advisory Opinions - State Department; Jacquelyn A. Bednarz, Special Assistant to INS's Executive Associate Commissioner, Office of Policy and Planning; and Jeffrey J. Rummel, Esq.)
Register online at http://www.pli.edu or call (800) 260-4PLI
E) December 4-6, 2002 Sacramento, California
"Shoulder to Shoulder: Building on our Successes for Rural Health Solutions"
I am participating in a panel entitled "Attracting and Retaining a Qualified Workforce."
See the conference agenda at:
Register online at:
Chats
In May 1999, we pioneered the concept of free online chats on various immigration topics. Our chats are always focused on a particular subject. Together with About.com's Immigration Guides, Jennifer and Peter Wipf, we have conducted over two dozen chats on a wide variety of subjects, all related to immigration laws and procedures.
Our most recent chat entitled "Understanding the Child Status Protection Act" is now online.
To read the complete text of our chats, see our Chat Page at
Are your eyes getting tired from reading all of our information about immigration laws and procedures? Then sit back, close your eyes, and listen to any (or all!) of the following immigration audios:
Immigration Video
See my testimony before the Senate Subcommittee On Immigration on May 22, 2001 regarding "Immigration Policy: Urban And Rural Health Care Needs" at
Alexander Graham Bell was born on March 3, 1847 in Edinburgh, Scotland. Bell is best known for his invention of the telephone
Bell's first telephone patent was granted on March 7, 1876. Three days later he and Watson, located in different rooms, were about to test the new type of transmitter described in his patent. Watson heard Bell's voice saying, "Mr. Watson, come here. I want you."
Antonio Meucci was born in San Frediano, near Florence, in April 1808.
Recently, the US Congress recognised Meucci, the Florentine immigrant as the inventor of the telephone rather than Alexander Graham Bell. Historians and Italian-Americans won their battle to persuade Washington to recognize a little-known mechanical genius, Antonio Meucci, as a father of modern communications, 113 years after his death.
The vote by the House of Representatives prompted joyous claims in Meucci's homeland that finally Bell had been outed as a (person) who found fortune and fame by stealing another man's work.
Calling the Italian's career extraordinary and tragic, the resolution said his "teletrofono", demonstrated in New York in 1860, made him the inventor of the telephone in the place of Bell, who had access to Meucci's materials and who took out a patent 16 years later.
Aimee Dizon, MD And when we asked Dr. Dizon to talk about herself and how she solved the quiz, we received the following message:
Hi, Mr. Shusterman!Dear Aimee,First of all, I would like to say that I have followed your website since 1997. I would like to extend my personal thanks and appreciation for the work and effort it takes to maintain such an excellent website. Many of my friends and colleagues subscribe to your newsletter, which we find such a tremendous and invaluable source of information.
I was really surprised to find that I won the quiz. This is the first time I ever attempted to solve it, but I have always enjoyed the quizzes. You never know when it'll come out in "Jeopardy".
From the clues about Watson and ET, I was pretty sure you were talking about Alexander Graham Bell, although I was not sure what he looked like. I used the search words "immigrant/inventor/telephone" and I found an article entitled, "Bell cut off as phone inventor" by Rory Carroll. The article talks about a certain Antonio Meucci and how the US Congress recently recognized him as the true inventor of the telephone. Unfortunately, the article also did not have a picture of the inventor.
To confirm my answers, I found The Italian Historical Society of America website which details the Meucci story and the exact photograph you posted. The photograph of Bell I later found on the online version of the Alexander Graham Bell Family Papers at the Library of Congress.
I am a physician from the Philippines and I currently work for the Oklahoma Department of Veterans Affairs. I am currently in the process of filing for permanent residency.
My personal goals center around health, happiness, professional fulfillment and satisfaction and the hope that one day that people stop killing each other and that the INS can get its act together. Please do not print that last statement, if you think the bureaucracy will not find it funny :-)
Sincerely,
Aimee Dizon, MD
I can't pretend to speak for the "bureaucracy" since I have not worked for the INS for over 20 years. However, I enjoyed your message enough to include it in its entirety. Congratulations, Super Sleuth! By the way, when I traveled to Manhattan to participate in a seminar for IMGs, I stopped in Staten Island, and took a photograph of the Garibaldi-Meucci Museum. See
Certified Specialist in Immigration Law, State Bar of California
Former U.S. Immigration & Naturalization Service Trial Attorney (1976-82)
Board of Governors, American Immigration Lawyers Association (1988-97)
Phone: (213) 623-4592 Fax: (213) 623-3720
Law Offices of Carl Shusterman, 600 Wilshire Blvd., Suite 1550
Los Angeles, California 90017
"Once I thought to write a history of the immigrants in America. Then I discovered that the immigrants were American history."
October 11, 2002