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The leading
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ILW.COM,
American
Immigration LLC.


Immigration Daily
Arthur L. Zabenko, Esq., Legal Editor
Nina Manchanda, Esq., Assistant Legal Editor
Marc Ellis, Esq., Chat Transcripts Editor
August 28, 2000
Contents:
Editor's Comments of the Day
Federal Register News of the Day
Cases of the Day
INS News of the Day
Immigration News of the Day
ILW.COM Highlights of the Day
ILW.COM Chats and Discussions of the Day
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An Important disclaimer! The information provided on this page is not legal advice. Transmission of this information is not intended to create, and receipt by you does not constitute, an attorney-client relationship. Readers must not act upon any information without first seeking advice from a qualified attorney. Correspondence to editor@ilw.com. Letters may be edited and may be published and otherwise used in any medium.

Editor's Comments of the Day

Congress will soon return from its summer recess for a couple of months of activity before Election Day. Immigration bills, especially bills affecting the H-1B cap, may come up for a vote so members of Congress can justify contributions they have accepted from interested parties. On the other hand, being politicians, they may put off a vote because whether a member of Congress votes yea or nay he is sure to alienate some constituents and lose some votes. Either way, be prepared to let your representative know your opinion. Write, call or send an e-mail to your Representative or Senator. Your opinion will not be heard if you do not speak out.


Federal Register News of the Day

Notice of Guidelines: Labor Certification Process for the Permanent Employment of Aliens in the United States
The Employment and Training Administration (ETA) is in the process of reengineering the permanent alien labor certification process and has set forth the general principles to guide the development of proposed regulations to effectuate the redesign. ETA's goals are to make fundamental changes that will streamline the process, save resources, improve the effectiveness of the program and better serve the Department of Labor (DOL)'s customers. The DOL intends to take advantage of technological innovations to increase efficiencies in the program.


Cases of the Day

Order to Show Cause Interrupts Physical Presence
In Ayoub v. INS, No. 97-60361(5th Cir. August 25, 2000), the court clarified that IIRIRA's stop time rule applies to Orders to Show Cause in suspension of deportation cases.

BIA Upholds Deferral of Removal Under CAT
The Board of Immigration Appeals (BIA) in Matter of Opku, A75-794-878 (BIA August 7, 2000), upheld the Immigration Judge's grant of relief under Article 3 of the United Nations Convention Against Torture (CAT). The Respondent was ineligible for withholding of removal because he had been convicted of murder.

Events Collectively Amount to Past Persecution
In Matter of Garcia-Zelaya, A72-449-488 (BIA July 13, 2000), the Board of Immigration Appeals (BIA) agreed with the Immigration Judge that any one of the events suffered by the Respondent might not establish past persecution but found that taken collectively the events and Respondent's actions amounted to past persecution on the basis of imputed political opinion.


INS News of the Day

The Hmong Veterans' Naturalization Act of 2000
The INS has released information regarding the eligibility and application process for certain refugees from Laos applying for naturalization. The naturalization benefits are limited to no more than 45,000 eligible refugees from Laos who properly file a naturalization application (Form N-400) on or before November 26, 2001.

Revised Form I-485, Application to Register Permanent Residence or Adjust Status
The INS outlines changes in Form I-485. Prior versions of the form will be accepted until September 30, 2000. After the end of Fiscal Year 2000, earlier versions of the form will be rejected and returned to the applicant. The latest Form I-485 can be downloaded from the immigration forms page.


Immigration News of the Day

Mother a Step Closer to Finding Kids
The Las Vegas Sun reports that immigration problems are finally being resolved for a Colombian woman whose husband took their two children to Morocco and never returned. Once she receives her passport and green card she will be able to work and earn enough money to fly to Morocco and find her children.

Anti-Crime Bill Targets Immigrants, Critics See Racism in Farmingville
According to Newsday a Legislator from Suffolk County, New York, has introduced legislation that would hold the INS accountable for crimes committed by undocumented workers. The bill would authorize Suffolk County to take legal action against the INS to compel the agency to enforce immigration law and to seek damages for the crimes committed by illegal immigrants in the county.


ILW.COM Highlights of the Day

Download the Latest I-485 Form
The latest I-485 Application form to register permanent residence or adjust status is now available.


ILW.COM Chats and Discussions of the Day

Chat with Cyrus D. Mehta
Cyrus D. Mehta, Esq. will answer questions on all aspects of immigration law on Monday, August 28, 2000, at 9:00 p.m. Eastern (New York) time. Question will be accepted 15 minutes prior to the chat.


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