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Editor's Comments of the Day
Starting today we will carry a series of four decisions from the INS concerning the designation of regional centers under the Immigrant Investor Pilot Program. The decisions were provided by Ms. Katherine Lorr, Business and Trade Services Branch, Office of Adjudications, to Steven Yale-Loehr, Esq.
The purpose of the Pilot Program is to provide an opportunity for aliens to obtain permanent resident status through investment and creation of jobs in the United States. The specific requirements to qualify are set forth in the federal regulations at 8 CFR 204.6(m)(3). In each of the decisions the INS addresses whether the proposal for designation as a regional center satisfies the criteria in the regulation.
We encourage attorneys, petitioners and aliens who have received correspondence from the INS explaining the reasoning behind a denial or approval to share it for inclusion on the site. Education on how the INS arrives at its decisions may help in preparing successful cases and point out inconsistencies in the INS' determinations where they exist.
Cases of the Day
No Conviction Required to Exclude Permanent Resident for Drug Trafficking
In Alarcon v. INS, No. 99-70578 (9th Cir. July 25, 2000), the 9th Circuit found that under IIRIRA sec.
309(c)(4)(G) it did not have jurisdiction to review the Immigration Judge's and the Board of Immigration
Appeals' finding of excludability for drug trafficking since it was supported by reasonable, substantial
and probative evidence.
Citizenship Revoked for Concentration Camp Guard
In US v. Szehinskyj, No. 99-5348 (E.D. Penn. July 24, 2000), the District Court Judge found after a non-jury
trial that the Defendant has served as a Waffen SS Death's Head Battalion concentration camp guard during
World War II. The judge vacated the 1958 order admitting the Defendant to citizenship, cancelled the
naturalization certificate and passport, and enjoined Defendant forever from claiming any rights,
privileges, benefits or advantages under any document evidencing United States citizenship.
Congressional News of the Day
Sen. Hagel Added as Cosponsor
At the request of Sen. Feinstein, Sen. Hagel of Nebraska was added as a cosponsor of S. 2586, a bill to reduce the
backlog in the processing of immigration benefit applications and to make improvements to infrastructure necessary
for the effective provision of immigration services.
INS News of the Day
ILW.COM invites the submissions of correspondence about matters of
immigration law from government agencies. Submissions may be published. Please
send to firstname.lastname@example.org.
Denial for Failure to Identify Good or Services
The INS Business and Trade Services Branch, Office of Adjudications denied a proposal for designation of a regional
center under the Immigrant Investor Pilot Program because it did not describe services of the petitioner or the
arrangements it would make to increase exports. The proposal also failed to specify anticipated goods or services,
include a market analysis, failed to address or discuss the capital committed to the center, failed to address the
source of the capital and did not adequately address the economic impact of the regional center activities.
ILW.COM Featured Article of the Day
ILW.COM invites the submission of articles about immigration law from attorneys, paralegals,
foreign student advisors, human resources personnel, scholars and those whose lives have been effected
by the laws.Please send articles to email@example.com.
Immigration News of the Day
40 Percent in New York Born Abroad
According to the New York Times [registration required], an analysis by the US Census Bureau shows a "human tidal
wave" has added one million immigrants to New York City in the last decade, propelling foreign-born residents to 40
percent of the population.
Spain Deluged by Huge Influx of Immigrants
The Independent News UK reports that more than 1,600 would-be immigrants desperate to find a foothold in Europe have
been intercepted so far this year in Spain, more than the total for the whole of last year. Moroccan mafias who charge
hundreds of dollars for the trip organize many of the boatloads of immigrants.
Europe Bids Immigrants Unwelcome
The Washington Post reports that an influx of illegal immigrants has set in motion fundamental social and cultural
changes in Europe, creating a mixture of races and ethnic groups in locales where for centuries only one
nationality or language was known.
ILW.COM Highlights of the Day
Free Listing for Attorneys
Immigration attorneys signup for a free inclusion in the attorney database!
ILW.COM Chats and Discussions of the Day
Employment Questions Answered by INS
Tuesday, August 1, 2000, at 9:00 p.m. ET chat with Acting Director of DOJ/INS Office of Business Liaison, Linda
Dodd-Major. Ms. Dodd-Major will offer the INS perspective on employment related immigration matters for employers,
attorneys who represent them and aliens working in the United States.
Letters to the Editor
I have enjoyed reading Gary Endelman's recent articles, usually on the Siskind law firm's web site. But one important detail that Mr. Endelman has not yet raised is the overall aging of the US population. A mid-March issue of US News & World Report featured a cover story on how more Americans turn 40 this year in history, or ever again on the basis of current population projections. The US has a huge baby boomer demographic bulge versus a more even distribution in Europe (Canada in-between). That means Europe presently has more seniors on the public pension rolls at present, partly explaining their higher tax load. After 2010, the US will have a larger fraction of seniors ... we are already warned that while there are now 3+ workers paying for each retiree, that ratio will drop down to 2:1. Without replacement immigration, the US needs only look to Japan for coming consequences: a rapidly aging population, and even shrinking population as younger workers bear visibly heavier burdens to support their elders' generations.
We encourage correspondence on any immigration related matters and comments
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Letters may be edited for clarity, legal and space considerations, and may be published and otherwise used
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