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Immigration Daily
Arthur L. Zabenko, Esq., Legal Editor
Nina Manchanda, Esq., Assistant Legal Editor
Marc Ellis, Esq., Chat Transcripts Editor
January 30, 2001
Editor's Comments of the Day
Tip of the Day
Federal Register News of the Day
Cases of the Day
Congressional News of the Day
INS News of the Day
ILW.COM Featured Article of the Day
Immigration News of the Day
Letters to the Editor
Classifieds 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 Letters may be edited and may be published and otherwise used in any medium.

Editor's Comments of the Day

The definitive version of the "LIFE" Act and "LIFE" Act Amendments of 2000 have been made available to the public more than a month after they were enacted into law. This version of the act is the actual statute whereas the version we carried in December was merely the conference report from the Congressional Record.

Tip of the Day

Immigration Forms

The ILW.COM forms page makes the most useful immigration forms available for free. Most of the Executive Office for Immigration Review ("EOIR")forms can even be completed on line and printed. The INS recently eliminated the requirement that duplicated and electronically generated forms be produced on the same color paper and in the same printing configuration that is used for the official INS forms. As the INS makes more fillable forms available to the public, we will make them available on the ILW.COM site.

The forms are in portable document format ("pdf") and require the use of Acrobat which is available for free. With the free Adobe Acrobat Reader you can view and print files on most computers. PDF allows higher resolution than a scanned document and avoids the problems of smudging and misalignment which can arise with photocopies.

The forms page is more than a resource for employers and aliens who want to file petitions on their own. Attorneys can use the forms page from home, a client site or any place they have access to a computer but not their forms software. Employers who hire attorneys can use the forms to save time and money by seeing exactly what information is needed and in what format. Aliens preparing to meet with an attorney can get some idea of the questions the attorney will ask. Of course, the forms can be filed with the INS.

Federal Register News of the Day

Correction to Section 212(c) Relief for Certain Aliens
The Executive Office for Immigration Review ("EOIR")has issued a date correction to "Section 212(c) Relief for Certain Aliens in Deportation Proceedings Before April 24, 1996" published on Monday, January 22, 2001.

Cases of the Day

Limitation on Habeas Jurisdiction
In Hernandez v. Reno, No. 99-2046 (1st Cir. Jan. 26, 2001), the court agreed that requiring the Board of Immigration Appeals ("BIA") to reopen a waiver case interfered with the Attorney General's decision to "adjudicate" cases and so the court had no jurisdiction to hear the habeas petition.

Proof of True Identity Not Required for Conviction
In US v. Suarez-Rosario, No. 00-50373, (9th Cir. Jan. 29, 2001) the court concluded that proof of true identity is not an required for conviction of the crime of making a willful and knowing false statement in an application for a passport or making willful and knowing use of a passport secured by as false statement.

Congressional News of the Day

Official Version of LIFE Act
The definitive version of the "Legal Immigration Family Equity Act has been posted on the Library of Congress site. This version takes precedence over any discrepancies with the text of the Conference Report published in the Congressional Record.

H.R. 5666, Title XV-LIFE Act Amendments
The final version of H.R. 5666, Title XV-LIFE Act Amendments, which extends the application of sec. 245(i) is now available.

INS News of the Day

EOIR Cited for Refusing to Bargain in Good Faith
According to a press release from the International Federation of Professional and Technical Engineers (IFTPE) on December 14, 2000, the Federal Labor Relations Authority (FLRA) issued a complaint against the Executive Office for Immigration Review (EOIR) for refusing to bargain in good faith with the National Association of Immigration Judges, an affiliate of the International Federation of Professional and Technical Engineers, AFL-CIO & CLC. The complaint is set for hearing before an Administrative Law Judge on April 17, 2001.

ILW.COM Featured Article of the Day

H-2 Visas for Temporary Workers and H-3 and J-1 Visas for Trainees
In Chapter 5 of Handbook of Immigration Law Mark A. Ivener writes about H-2 Visas for Temporary Workers and H-3 and J-1 Visas for Trainees.

Possible Candidates for Immigration Positions in New Congress and Administration
Greg Siskind and Amy Ballentine write about the possible choices to head the immigration subcommittees in the House and Senate, and the leadings contenders for the position of INS Commissioner.

Immigration News of the Day

Gov. Bush Suggests Charging Tuition to Foreign Students Attending School
The Sun-Sentinel reports that an error in predicting the number of Florida students which is costing school districts $40 million has prompted Gov. Jeb Bush to suggest charging tuition to foreign visitors attending public schools.

Letters to the Editor

The following are in response to the tip Printing from ILW.COM.

Dear Editor:

Rather than pasting the article into my wordprocessor, I find that if I highlight the article I want to print and then select Print under the File pulldown menu of Internet Explorer, I can get the entire width to print when you choose to print the Selection.


Dear Editor:

Thanks for the January 29 tip on how to print without missing letters and words at the right margin. I followed the instructions and it came out just right! I can now get the true benefit of the articles and cases that you make available on a day to day basis.

Thank you!

Carl R. Baldwin

Classifieds of the Day

ILW.COM carries classified ads for immigration related positions. $100 for single insertion, $250 for five consecutive insertions, payable in advance. Contact us for details. We will also carry for no charge announcements such as immigration related events. We reserve the right to refuse any ad and to make minor editorial and formatting changes. Send to

Fragomen, Del Rey, Bernsen & Loewy is the largest law firm in the country practicing exclusively in the area of immigration and nationality law. In order meet the demands of our growing business, the firm is actively recruiting for experienced paralegals. The ideal candidate has business immigration experience or a human resources background dealing with immigration issues. Must have excellent verbal and written communication skills and be able to perform multiple tasks in a fast-paced environment. The firm offers superior salaries and exceptional growth opportunities. Please submit cover letter and resume to Anne-Rose van den Bossche, Esq., Fragomen, Del Rey, Bernsen, & Loewy, 515 Madison Ave, New York, NY 10022; fax 212-223-8757; email

The Centre for Refugee Studies invites contributions for an upcoming issue of Refuge dedicated to celebrating the 50th anniversary of the United Nations High Commissioner for Refugees. For details click here.

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