A Note from the Editors:

Double Issue

Due to a technology glitch, the email version of Immigrant's Weekly was not sent out on August 11, 2003. Therefore, this week's issue of Immigrant's Weekly is a double issue featuring items for both August 25th and August 11th. For the convenience of our readers, we've also included the past three consecutive issues of our multi-series articles (8/11-thru present).

Articles

Introduction To Representing Noncitizens In Removal Proceedings: Part 4 of 5
Michael J. Boyle offers a detailed primer on removal proceedings and other forms of relief to noncitizens.

Introduction To Representing Noncitizens In Removal Proceedings: Part 5 of 5
Michael J. Boyle offers a detailed primer on removal proceedings and other forms of relief to noncitizens.

Move To Restrict L Visa Gaining Momentum, But Unlikely To Totally Succeed
Cyrus D. Mehta writes "Perhaps, instead of restricting visa categories, it would be preferable to broaden them to allow US corporations to hire workers in the US."

DOJ Suspends International In-Transit Program
The Department of Homeland Security and the Department of State suspended two programs that allow certain international air passengers to travel through the US for transit purposes without first obtaining a visa. The Transit Without Visa program (TWOV) and the International-to-International transit program (ITI) have been suspended, effective 11:00 a.m., Saturday August 2, 2003.

EOIR Announces Disciplinary Actions Against 6 Attorneys
The Executive Office for Immigration Review (EOIR) of the Department of Justice has taken disciplinary action against six attorneys after charging them with violations of the rules of professional conduct for immigration practitioners.

DHS Issues Final Regulations On Non-Immigrant Health Care Workers
Gregory Siskind writes "The Department of Homeland Security has issued long-awaited final regulations governing health care workers on non-immigrant visas."

Testimony On Bill To Obliterate L Visa
The Senate Committee on the Judiciary Subcommittee on Immigration and Border Security held a hearing on "The L1 Visa and American Interests in the 21st Century Global Economy" and received testimony from the following individuals: Ms. Patricia Fluno, Former Siemens Technologies employee, Siemens; Mr. Michael Gildea, Executive Director, Professional Employees Section, AFL-CIO; Beth R. Verman, President, Systems Staffing Group, Inc. on behalf of National Association of Computer Consultant Businesses (NACCB); Daryl R. Buffenstein, Global Personnel Alliance; Austin Fragomen, Managing Partner, Fragomen, Del Rey, Bernsen & Loewy, PC; Stephen Yale-Loehr, Adjunct Professor of Law, Cornell Law School.

Immigration Judge Placed On Leave For Alleged Quip
The Boston Globe reports "A Boston immigration judge was placed on administrative leave yesterday after complaints that he made jokes about Tarzan to a woman who said she had been raped and tortured in her native Uganda."

Tarzan Immigration Judge, Too Long On Bench
A Boston Globe op-ed writes "Immigrants in Boston are better off now that Immigration Judge Thomas Ragno has been placed on administrative leave."

Another Perspective on the Boston Immigration Court
Dana Marks Keener, President of the National Association of Immigration Judges writes about the recent newspaper account of an Immigration Judge in Boston who allegedly made insensitive "Tarzan" comments during an asylum hearing.

Waivers Of Inadmissibility Or Removability: A Primer
Sandy Lipkin, Esq. writes "Since 9-11, lawyers are receiving more and more calls from various people who are having trouble entering the US due to various indiscretions from the past."

Accuser Of Celine Dion's Husband Faces Deportation
The Las Vegas Review-Journal reports A woman who was paid $2 million by Celine Dion's husband to keep quiet about sexual misconduct allegations faces removal proceedings before federal immigration officials who plan to deport Sung to her native Korea.

Refugee Women At Risk: Part 2 of 4
Eleanor Acer et al. of the Lawyers Committee for Human Rights describe how recent US laws have undermined the ability of refugee women to obtain asylum.

Refugee Women At Risk: Part 3 of 4
Eleanor Acer et al. of the Lawyers Committee for Human Rights describe how recent US laws have undermined the ability of refugee women to obtain asylum.

Refugee Women At Risk: Part 4 of 4
Eleanor Acer et al. of the Lawyers Committee for Human Rights describe how recent US laws have undermined the ability of refugee women to obtain asylum.

Guest Worker Policy Win-Win Proposition For Migrants And US
Rep. Jim Kolbe (R-AZ) writes "It is common for those who are depressed with the current economic climate to wax nostalgic about the 1990s. What fails to make it into these recollections is the crucial contribution that immigrants, both legal and illegal, made in this remarkable growth period."

BCIS Extends Liberia TPS Designation
The Bureau of Citizenship and Immigration Services announced a one year extension for nationals of Liberia, effective thru October 1, 2004. See this link for the press statment. See this link for the FAQs.

BCIS On Method Of Handling Customer Service Requests With Pending Applications
The Bureau of Citizenship and Immigration Services released an explanation of the method used by the Customer Service Line (National Customer Service Center) on its handling of service requests from customers with pending cases.

'99 Shoplifting Conviction Leads To Mother's Detention
The Boston Globe reports "Immigration officials said Borges was detained because of a recent US Supreme Court ruling that mandates the jailing of immigrants facing deportation because they have committed crimes. The ruling affects immigrants even if they have already served a sentence and are considered to pose no threat."

BCIS Guidance Memo On I-485 In Accordance with Section 106(c) Of AC21
William Yates, Acting Associate Director for Operations of the BCIS issued a memorandum to BCIS service center directors and regional directors on processing Form I-485 when the beneficiary of an approved Form I-140 is eligible to change employers under §106(c) of the American Competitiveness in the Twenty-First Century Act of 2000.

DOS Rule Regarding Automatic Revalidation Of Visas
The Department of State adopted as final, effective August 18, 2003, its interim rule limiting the privilege of automatic revalidation of visas.

Diversity Visa Lottery Requires Online Registration
The Department of State announced that paper entries or mail-in requests for diversity visa registration will no longer be accepted and that beginning this year, all persons registering under the diversity lottery must do so online.

DOS Announces Extended Toll-Free Passport Service
The Department of State announced that as of today, the public can obtain passport information by calling a toll-free telephone number.

BICE Releases LESC Fact Sheet
The Bureau of Immigration and Customs Enforcement (BICE) released a fact sheet and press release on the The Law Enforcement Support Center (LESC) which serves as a national enforcement operations center by providing timely immigration status and identity information to local, state and federal law enforcement agencies on aliens suspected, arrested or convicted of criminal activity.

DOS Announces DV Lottery 2005 Instructions
The Department of State announced the instructions for the 2005 diversity immigrant visa program reflecting the change to a completely web-based format.

Issue Over Age Leaves 18-Year-Old Orphan In Immigration Limbo
The Pennslyvania Patriot-News reports "The case of a young West African man who has spent 32 months in detention has attracted the attention of lawmakers, who want the federal government to release him to a refugee shelter and delay deportation proceedings."

US Believes Smuggling Migrants Has Become An Organized Crime Activity
Time.com reports "The US believes organized smuggling rings are responsible for a dramatic increase in illegal traffic along the border, and in the unprecedented numbers of migrants dying in their attempts to get in."

Migrating To Recovery: The Role Of Immigration In Urban Renewal
Walter A. Ewing of the Immigration Policy Center at AILF writes "As policymakers search for ways to revive moribund state and local economies, thereby replenishing public coffers, they should keep in mind a simple truth embraced by officials in states from Iowa to Utah and in cities from Albuquerque to Boston: immigration is a key source of long-term economic vitality, particularly in urban areas."

Ethical Dilemmas In A Post 9/11 World
Cyrus D. Mehta writes "In an era of heightened security following the attacks in New York and Washington DC on September 2001, immigration lawyers often represent clients who are subject to measures that selectively enforce against nationals of certain countries."

Immigration Policy At The Edges: International Migration To And Through The US Island Territories
David S. North for the Center for Immigration Studies explains why outlying US island jurisdictions cannot be ignored in the broader effort to overhaul our immigration policies and procedures.

BCIS Employer Information Bulletin On Aliens with Extraordinary Ability (O-1)
The Office of Business Liaison of the Bureau of Citizenship and Immigration Services of the DHS released an employer information bulletin on Aliens with Extraordinary Ability (O-1) and the Accompanying/Assisting Aliens (O-2) including standards for O-1 and O-2 classification.

BCIS Employer Information Bulletin On Employment of Canadian And Mexican Professionals Under NAFTA
The Office of Business Liaison of the Bureau of Citizenship and Immigration Services of the DHS released an employer information bulletin on the employment under NAFTA including general information, TN admissions procedure, and schedule 2 professions.

BCIS Employer Information Bulletin On Temporary Religious Workers (R-1)
The Office of Business Liaison of the Bureau of Citizenship and Immigration Services of the DHS released an employer information bulletin on temporary religious workers, including eligibility, standards, and procedural requirements.

Arthur Helton Was One Of First To Focus Exclusively On Refugee Protection
A New York Times obituary on Arthur Helton writes "Arthur was one of our most respected senior fellows and a noted expert on refugee and humanitarian issues and international law," Richard N. Haass, the [Council on Foreign Relations's] president, said in a statement. "The world has lost a devoted and talented champion of the rights of the dispossessed."

How Do I Get A Duplicate Approval Notice For My Application Or Petition?
Read a detailed response from the BCIS on how to obtain a duplicate approval notice for your application.

What is the Difference Between a Visa and an Arrival-Departure Record?
Read a detailed response from the BCIS on the difference between a visa an an arrival-departure record.

ILW Highlights

Processing Times Updated

California, Vermont, Texas, Missouri, and DOL processing times were recently updated.

Letters to Editors

To write to Editors, send emails to weeklyeditor@ilw.com.

Dear Editor:
This is in response to the letter from the undocumented college-bound student. My husband has also recently discovered that he is undocumented after 32 years in this country. His parents brought him to this country at the age of two, and like you, he believed he was a citizen. We have now spent two years following up with the BCIS trying to get his paperwork in order. The uncertainty of our future has caused him both physical and mental suffering which requires him to take medications. I can understand that people want to immigrate to this country to live a better life, but what they don't realize is when they choose to bring their minor children along with them, they too will suffer. I see undocumented children suffering because they are unable to obtain medical insurance because of their undocumented status. These children end up falling through the cracks and are neglected by society and parents who cannot afford to obtain medical treatment for them. My husband, as a child, almost lost his life because his parents were afraid to take him to the hospital when his appendix burst. A friend of the family saw his condition and rushed him to the emergency room just in time. These young children will grow up feeling neglected and may also have problems with anger and frustration. What can be done to help these innocent victims of illegal immigration? The Mexican government has been educating the Mexican people on the dangers of illegal immigration. I also think they need to address the problems they will face once they arrive with minor children. How will the children adjust to our education system? How will parents provide food, clothing, shelter, child care and medical needs for their children? Providing the bare necessities for children can be very expensive. To the unnamed person that wrote the letter to the Editor, I wish you the best and hope that you are able to complete your education. I truly believe that the educated immigrants in this country need to stand up and help those who are unable to help themselves, the children.

PMR

Dear Editor:
I'm an undocumented immigrant who came here when I was 12 under a visitor visa with my sister. My parents passed away so she became my legal guardian. I knew about my status and everytime I'd asked her about filing for my green card she'd say it'll take too long or it was too expensive. As I became an adult I had to leave home because it became too complicated and I felt like she didn't help me out. I now have two born U.S citizen children, I'm still undocumented, and now been living with a U.S citizen boyfriend for over 5 years but he won't marry me. I'm very frustrated because I feel like I have to rely on other people to take care of me and I'm living a dead-end life. I sometimes want to go back to where I came from but fear and not knowing a place I haven't been back for 13 years keeps from going. My boyfriend also won't let me take the kids and I know very well the penalty of taking US citizens out of the country so right now I'm stuck and don't know what to do. Is there any advice you have for me? Any advice will greatly appreciated.

Stuck

Dear Editor:
What universe is Congress legislating for? I've made a cursory reading of [Border Security and Immigration Reform Act of 2003] bill. It commands that the host country provide health care, (but the US does not have a health care system of its own). It states that permanent residence can be gained through a sponsoring employer, but that the beneficiary must be in their home country to receive permanent residence - gutting the employer-employee relationship. I see vast profits for notarios and consulting firms who will not be retrained by practicing law outside the US to resolve the inevitable delays manufactured by a non-cooperative Department of State. The bill also has time limits and limited time periods, both fraught with a slamming door of opportunity and the penalization of those who are waiting an unconscionable time for the decision-makers like State, BCIS, or DOL. A new non-time limited 245(i), without a stay time; a workable and timely unskilled H visa workers program, and a NAFTA like categorization of the whole free trade zone with biometric border-crossing cards would be much more sensible in terms of the real world.

GMM

Dear Editor:
My inquiry is in regard to the processing times listed on ILW.COM and which also appears on the BCIS website. I am interested in finding out why the Nebraska office is so far behind in processing I-129F forms. Also, the website updates for the processing times is inconsistent for the various Service Centers. Is there someone who is accountable for explaining the website inconsistencies and lag time in processing forms in the Nebraska office?

Tim Hobson

Immigrant Life

Immigration Weekly Exclusives

Higher Education of Undocumented Immigrants: The Student Adjustment Act:
All Parts Compiled
Lillian Kim presents a discussion on the higher education debate of undocumented immigrants (Parts 1-4, including endnotes).

Not Getting What They Paid For: Limiting Immigrants' Access to Benefits Hurts Families Without Reducing Healthcare Costs
Walter Ewing of the Immigration Policy Center at AILF writes "Benefit restrictions have increased food insecurity and reduced access to health insurance for both legal immigrants and their US-citizen children, while failing to significantly reduce government healthcare expenditures due to the high costs of caring for the uninsured."

Have an article or a story that you'd like to share with us? Send your story or article that you feel would be of interest to immigrants to weeklyeditor@ilw.com.

This week's chat schedule

ILW.COM announces that as of May 2nd, all chats will be held at 7:00 pm Eastern Time.

When	Attorney
Monday, Aug 25 7:00 pm Eastern Time	Arthur Zabenko, Esq.
Wednesday, Aug 27 7:00 pm Eastern Time	Mira Mdivani, Esq.
Friday, Aug 29 7:00 pm Eastern Time	No Chat scheduled (holiday wkend)

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