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Immigration Daily
Arthur L. Zabenko, Esq., Legal Editor
Nina Manchanda, Esq., Assistant Legal Editor
Marc Ellis, Esq., Chat Transcripts Editor
March 19, 2001
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Editor's Comments of the Day

ILW.COM makes available a tremendous amount of information. In addition to the primary source material we digest in Immigration Daily, the articles, the chat transcripts the visa bulletin and priority dates, you can purchase books, cassettes, videos and visa kits. The information in these items benefits both immigrants and attorneys. Immigrants can become informed consumers of immigration services. Informed clients save an attorney's time. Instead of having to start with the basics and answer a lot of background questions, the attorney can focus on the specifics of the client's case. With overnight changes in immigration, regional differences in practices and inconsistent interpretations by INS, no book or kit can replace the experience and judgment of an attorney's mind. After availing themselves of the information we make available, potential clients will understand where and why they need the help of the attorney. Information simply makes the attorney-client relationship more efficient.

Tip of the Day

Classifieds on ILW.COM

ILW.COM as the hub for the exchange of immigration information provides a unique forum for immigration jobs. With almost 6,000 people who are interested in immigration law subscribing to the e-mail version of Immigration Daily, ILW.COM are in a unique position to help employers and employees meet. Unlike print media which requires days or weeks to prepare and distribute, we can get your message out with Internet speed. We will also carry for no charge announcements of immigration related events. ILW.COM does not have the facility to relay messages or provide blind boxes, but there are many sites, such as Hotmail and Yahoo, which allow you to establish an e-mail account and retain your anonymity.

In the Classifieds section we carry ads from employers looking to fill immigration related positions. We will also carry notices from employees seeking immigration related jobs. We have had a request from an employer searching for a lawyer for some specialized immigration advice. We also carry, for no charge, notices of immigration related events such as the seminar announcement in today's issue. If you want to place an ad, want information about placing an ad, want to make a suggestion about what we should carry or simply have a question about whether or not we will carry an item please contact us at

ILW.COM Featured Articles of the Day

RIRs and 245(i) - Some Special Considerations
Sam Udani offers five reasons to file regular and not RIR labor certification cases in the days leading up to the April 30, 2001, deadline for 245(i).

Demography and Immigration - The Choice is Ours
Gary Endelman proposes addressing the problem of an aging population by limiting H-1Bs to three years, increasing the number of employment based visas and eliminating the family fourth preference category.

INS News of the Day

Bush Designates El Salvador for TPS (Spanish)
The INS has released Spanish versions of information on TPS for El Salvador including the Preguntas y Repuestas and Apertura del Periodo Para Solicitudes.

Immigration News of the Day

Boroughs' Rise Driven Largely by Immigration
The New York Times [registration required] that the vast majority of the growth that helped propel New York City's population count to a historic peak in the census figures released yesterday occurred in neighborhoods that have been rapidly transformed in recent years by the arrival of an unprecedented number of largely Hispanic and Asian immigrants.

ILW.COM Chats and Discussions of the Day

Chat with Alice Yardum-Hunter
Alice Yardum-Hunter will answer questions on all aspects of immigration law on Monday, March 19, 2001, at 9:00 p.m. Eastern (New York) time. Questions will be accepted starting 15 minutes before the beginning of the chat.

Letters to the Editor

The following letter refers to a letter from AK in the March 16, 2001, issue of Immigration Daily

Dear Editor:

I have a similar problem. I've been attempting to get my wife into the country for several months. I was told it would take between 815 and 825 days. I submitted my I-130 petition on Dec. 12, 2000. What I have just recently learned sickened me and upset me to no end.

Apparently, due to the "Walters vs Reno" class-action case the Immigration Service Centers around the country were ordered to process the Walters type immigration petitions immediately. To accomplish this the California Service Center pulled all of their Immigration Adjudicators off of I-130 petitions to accommodate the Walters type petition. According to my honorable Senator from Arizona, it will be another 30 to 60 days before processing of the I-130 petitions begin again. They are currently holding at the Sept. 7, 2000, petitions.

While spousal and family member petitions get shelved, apparently there has been no effect on fiancé or direct consular filed petitions. They are processing at a normal speed. (3-5 months for fiancé petitions, I'm told, and 6-8 weeks for direct consular filings.)

Every step of the way INS has misinformed, misguided, ignored or insulted me. (One employee in Phoenix had the nerve to suggest that if I wanted my wife with me I shouldn't have married a foreigner!!!) Before I filed I specifically asked INS about the direct consular filings. They said, "Absolutely, do not do it!" They were wrong. My wife would be here now if I had. INS told me it was taking them just around 88 days to process I-130 petitions in December 2000. I heard this from the national hotline and the Phoenix local office. Boy, were they wrong. Worst yet, three different immigration attorneys I contacted prior to submitting my petition steered me away from the consular filing and to the California Service Center. They told me 3-4 months tops. They didn't know what they were taking about.

Does anybody have a suggestion on what to do about this I-130 petition holdup?

Thinking of moving to another country to be with my wife.


Dear Editor:

How do you know that your modifications [to the LCA form] will not cause more problems? Adobe's Print Distiller is a tremendous program, but very precise. It seems as if the DOL's system is supposed to be precise. It also seems to be sensitive to the lightest imperfection or variation. I guess I am surprised you would offer a modified version of the form without confirming with the DOL that the changes/improvements will not effect the function of the system and without reassuring your readers as to this point.

Just a thought.

David L. Wilson

Editor's Note: Following is the response of the ILW.COM technical team

Technically speaking we did not modify the form but simply resaved it with the optimize flag set to "ON." This is standard procedure for any PDF form. We have printed both the unoptimized and optimized forms, and performed a visual comparison. We found no difference. Since the resolution of the human eye is greater than a FAX machine, if we cannot see a difference neither can your FAX nor the DOL's FAX.

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 in its NEW YORK, NEW JERSEY, STAMFORD and CHICAGO offices. 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 or fax 212-223-8757

2001 AILA Annual Conference on Immigration Law June 20-24, 2001, Marriott Copley Place & Westin Copley Place Boston, Massachusetts. The Preeminent Law Symposium on Immigration and Nationality Law With an expert faculty and cutting edge programs, the AILA Annual Conference is an unbeatable continuing legal education symposium in terms of scope and value. This event brings together thousands of immigration law practitioners, leading immigration law experts, government officials, and other legal professionals from around the country. Participants spend three and one-half days attending educational sessions and workshops focusing on the latest developments and issues in immigration and nationality law. Attendees can develop their own individualized CLE conference by choosing courses from a wide variety of programs: Core Curriculum, Substantive Practice, Special Mini Tracks, Mock Hearings and Interviews, Litigation Skills Training, Practice Roundtables and Government Agency Open Forums. For detailed program information, and registration forms, please visit the conference portion of the AILA Web site at American Immigration Lawyers Association 918 F Street, NW Washington, DC 20004 Tel: (202) 216-2400 Fax: (202) 371-9449 Contact: Conference Department or E-Mail

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.
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