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Family and Citizenship Marital Disharmony VAWA Petitions AMERICAN IMMIGRATION LAWYERS ASSOCIATION NOVEMBER/DECEMBER 2007 VAWA Petitions VAWA Marital Disharmony Citizenship and Family T O D A Y VOL. 26/NO.6 Freequency Is AILALink Online! Now that AILALink has moved to the web, subscribers enjoy frequent updates of legislation, forms, and information that have a significant impact on immigration law and practice. What Is AILALink Online? AILALink Online is a fully searchable, immigration law website. This affordable, powerful, research tool is designed for professionals for whom time (and money!) is of the essence—attorneys, paralegals, law librarians, and law students. Search Primary Resources—INA, CFR, FAM, and more! As well as AILA publications ($2,500+ value!)—Kurzban’s Sourcebook, AILA’s Occupational Guidebook Series, and more! Plus fillable immigration forms.* Need offline access? For a nominal fee, subscribers will be able to download an offline version of AILALink Online, with prompts for updates. Available winter 2007–08. How Do You Become an AILALink Online Subscriber? Simply visit www.ailalink.org and click the “Sign Up Here” link. You will be taken to a secure page to complete the registration and online payment process or print the subscription form and fax or mail it with your payment. *Adobe 6.0 or higher required (not included with subscription, must be purchased separately) To order, visit www.ailalink.org. For more information, e-mail [email protected]. AILA Publications—Written...Edited...Published by Immigration Lawyers The Foundation for International Services, Inc. WhenWhen accuracyaccuracy counts,counts, legallegal professionalsprofessionals dependdepend onon thethe leaderleader inin ForeignForeign CredentialCredential EvaluationsEvaluations andand TranslationTranslation Services.Services. Since 1978, thousands of clients have trusted FIS to provide accuracy and expertise for their International Document Services because we have the experience that legal professionals require. CREDENTIAL EVALUATION SERVICES We have more than 25 years of experience evaluating foreign educational credentials to determine their U.S. equivalent for education, immigration and employment. We offer document-by- document evaluations and detailed course-by-course evaluations. With our staff of credential evaluation experts and an experienced network of academic and industry professionals, we are able to tailor our services to any situation. EXPERT OPINION SERVICE An FIS Expert Opinion evaluation expands on our document-by-document evaluation with a written opinion letter from a university professor who meets the U.S. Citizenship and Immigration Service (USCIS) definition of a recognized authority in the appropriate field. The Expert Opinion letter specifically addresses the individual’s academic and employment The Foundation for International Services, Inc. experience qualifications to satisfy USCIS H-1B regulations. 14926 35th Ave. West, Suite 210 TRANSLATION SERVICES: ANY DOCUMENT, ALWAYS ACCURATE We are Lynnwood, WA 98087 legal document translation experts, utilizing a unique three-step process to PHONE: 425-487-2245 ensure the translation accuracy of your contracts, patents, immigration materials FAX: 425-487-1989 and other legal documents. We have expert, certified translators for nearly every E-MAIL: [email protected] language from around the globe. Plus, each of our translators is a native- www.fis-web.com language speaker (or equivalent) with the subject matter expertise needed to translate your legal documents. In fact, many of our translators are also FIS is a Charter Member of the National attorneys. Association of Credential Evaluation Services (NACES) and a member of the DISCOVER WHY SO MANY CLIENTS TRUST FIS Contact us today to learn American Translators Association (ATA) more about our mission to earn the trust and confidence of our clients. Vol. 26 / No. 6 ImmigrationTO LawDA YNOVEMBER/DECEMBER 2007 departments CONTENTS 6 President’s Page Preaching to the Unconverted: Enforcement Only Fall-out: 12 Americas Need for Skilled On-the-Ground Report from Reno Foreign workers by Michele R. Pistone and John J. Hoeffner 8 Pro Bono Minnesota Advocates for Human Rights 42 Reader’s Corner Nolo Press Tackles Immigration in Self-Help Books 4 6 Practice Pointer Marital Disharmony Preparing a Successful VAWA 22 Self-Petition Immigration Consequences of Separation and Divorce 5 0 Practice Management Passion and Perseverance by Jonathan S. Greene, Cheryl R. David, Amid Immigration Crisis and Suzanne Tomatore 5 4 Legal Action Third Circuit Adopts “Reasonable Likelihood” Standard for Ineffectiveness of Counsel Claims in Removal Proceedings We Asked for Workers 6 0 Status Checks 34 But Families Came ALSO Time, Law, and the Family in Immigration and Citizenship Pro Bono Profile: Meet Alan Goldfab by Hiroshi Motomura p. 10 Chavez World p. 10 Advertisers Index p. 58 ON THE COVER: ISTOCK / BONOTOM STUDIO AILA’s CONTACT INFORMATION Reprint requests; editorial comments; Immigration Law letters to the editor; proposals for TODAY submission of articles: [email protected] Managing Editor Tatia L. Gordon-Troy AILA NATIONAL OFFICERS Display advertising information: Assistant Editor Kristine L. Tungol President Kathleen C. Walker [email protected] Editor-in-Chief Crystal Williams President-Elect Charles H. Kuck or call (202) 216-2400 Contributors Y. Judd Azulay, Dan Berger, 1st Vice President Bernard P. Wolfsdorf Address changes: Kathleen Campbell Walker, Nick Chavez, www.aila.org/myprofile (AILA members) Cheryl David, Brian Green, Jonathan 2nd Vice President David W. Leopold 1-800-982-2839 (nonmembers) Greene, Phyllis Gould, John Hoeffner, Treasurer Eleanor Pelta Leslie Holman, Hiroshi Motomura, Ordering AILA publications: Secretary Laura Lichter Kathleen Moccio, Angelo Paparelli, www.ailapubs.org; 1-800-982-2839; Michele Pistone, Stephen Reich, Mark Executive Director Jeanne A. Butterfield or for general publications-related Silver, Suzanne Tomatore, Lun Tonsing, questions: [email protected] Rebecca Whiting, Stephen Yale-Loehr DISCLAIMER Design & Production BonoTom Studio, Inc. AILA’s Immigration Law Today features and departments do not necessarily represent www.bonotom.com the views of AILA, nor should they be regarded as legal advice from the association EDITORIAL ADVISORY BOARd or the authors. AILA does not endorse any of the third-party products or services Barbara Bower, Pittsburgh advertised in Immigration Law Today, nor does it verify claims stated therein. Ted J. Chiappari, New York AILA’s Immigration Law Today (ISSN: 1532-1398) is published six times a year by the American Neil Dornbaum, Newark, NJ Immigration Lawyers Association, 918 F Street, NW, Washington, DC 20004, (202) 216-2400. Mark Ivener, Los Angeles Copyright © 2007 AILA. All rights reserved. No part of this publication may be reprinted or Steven Klapisch, New York otherwise reproduced without the express permission of the publisher. “AILA” and the AILA logo Jonathan Montag, San Diego are registered trademarks of the American Immigration Lawyers Association. Periodicals postage H. Sam Myers, Minneapolis paid at Washington, D.C. POSTMASTER: Send address changes to Immigration Law Today, AILA, Martha Schoonover, McLean 918 F St., NW, Washington, DC 20004 Steven Thal, Minnetonka, MN Subscription Information and Rates: Annual subscription rate (six issues): $72. Single issue price: $16. Matt Trevena, Austin Additional charge for delivery outside continental United States. Call 1-800-982-2839 for details. A subscription to Immigration Law Today is included with AILA membership. Action Bail Bonds pu page 4 4 Immigration Law Today NOVEMBER/DECEMBER 2007 president’s PAGE / by Kathleen Campbell Walker Enforcement Only Fall-out: On-the-Ground Report from Reno N MY WAY TO THE AILA FALL CONFERENCE and execu- to the various community organizations tive committee meeting in Tahoe last September, I never anticipated assisting detainees and their families. Or- egon Chapter Chair Stephen Manning a close encounter of yet another worksite raid. But after landing in O responded accordingly in Oregon. Both Reno, we heard about a coordinated U.S. Immigration and Customs Enforce- efforts were aided by AILF and AILA ment (ICE) raid of 11 McDonald’s restaurants in the area, and 54 employees National staff. Using information shared were detained as a result. Reno’s mayor, Robert Cashell, stated that the im- by chapters responding to earlier raids in Colorado, Massachusetts, and else- pact on Reno’s economy would be devastating if the undocumented workers where, we were better able to anticipate were not able to continue to work in the area. Unfortunately, the number of how to approach the usual dual criminal nonprofit agencies and immigration lawyers to respond to the impact of the and civil challenges of the raids and the raid was not adequate even in this highly populated city. coordination of community responses, political mobilization, media exposure, Know Your Rights in Action support members’ needs—both from an and litigation support to those detainees As we watched the news in Tahoe and employer and an employee perspective— who were quickly moved from one part concluded our AILA executive commit- in the proliferation of worksite raids. For of the country to another. tee meeting, it was apparent that help was employees, chapter chairs and national needed. Through contacts forged by pre- committees have worked on developing Wasting Scarce Resources vious coalition and advocacy work, along an AILA worksite action plan to help co- Bottom line, using scarce
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