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Immigration Daily
Arthur L. Zabenko, Esq., Legal Editor
Nina Manchanda, Esq., Assistant Legal Editor
Marc Ellis, Esq., Chat Transcripts Editor
April 24, 2001
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Editor's Comments of the Day

The INS has issued an advisory reminding the public that there is a very short window of opportunity, which ends April 30, 2001, for individuals to preserve their eligibility to file for adjustment of status under Section 245(i). At ILW.COM we have the opportunity to hear from many immigration attorneys. Depending on the type of practice some have taken in a handful and some hundreds of 245(i) cases. Even some attorneys who do not normally handle immigration have tried to take on some of the business.

To be grandfathered for 245(i) on the basis of labor certification the 750 A and 750 B forms must be RECEIVED at the state office of the Department of Labor on or before April 30, 2001. To be eligible for 245(i) by filing an I-130, I-140 or I-360 with the INS, the form must be received OR POSTMARKED by April 30. Each INS district office has the discretion to remain open beyond normal operating hours. We hope the SESAs and INS District offices have their plans in place to accomodate the last minute crush of 245(i) filings. Please send information about INS or SESA offices planning extended hours to

Tip of the Day

Discussion Board

ILW.COM provides a platform for the exchange of information among many groups - attorneys, employers, policy makers, advocates and immigrants. ILW.COM's discussion board allows you to broadcast your message to the masses. Before the growth of the world wide web discussion boards were one of the major uses of the internet because they build a sense of community. For attorneys the discussion board is a way for you to get your name before the public and demonstrate your knowledge. For employers it allows you to make your needs and concerns known. For policy makers and advocates it is a forum where you can be heard. For immigrants it is a place where you can find others who understand the fears that accompany such a fundamental decision as where to live your life and the frustrations of dealing with the government to make your dream come true. Share your knowledge, share your views, share your story on the discussion board.

ILW.COM Featured Article of the Day

Immigrant Options for Registered Nurses
Greg Siskind and Amy Ballentine review the H-1C, TN, H-1B and immigrant visa options for registered nurses.

Federal Register News of the Day

New System of DOJ Records
The Department of Justice proposes to establish a new system of records entitled "Nationwide Joint Automated Booking System (JABS), Justice/DOJ-005" which would share among DOJ's five investigative components: The Bureau of Prisons, Drug Enforcement Administration, Federal Bureau of Investigation, INS, and the US Marshals Service. Comments must be submitted by June 4, 2001.

Cases of the Day

Abuse of Discretion Recast as Due Process Violation
[You will need Acrobat to read this file]
In Torres-Aguilar v. INS, No. 99-70096 (9th Cir. Apr. 23, 2001), the court held that it retains jurisdiction to review colorable claims of due process violations, but it has not jurisdiction to hear traditional abuse of discretion claims recast as alleged due process violations.

Administrative Remedies Must Be Exhausted before Habeas Petition
[You will need Acrobat to read this file]
The Magistrate Judge in Espinal v. Filion, No. 00 Civ. 2647 (HG)(JCF) (S.D.N.Y. Apr. 17, 2001), recommended that the habeas petition challenging deportation be dismissed for failure to exhaust administrative remedies as an order of removal had not yet been issued or appealed to the Board of Immigration Appeals (BIA).

INS News of the Day

April 30 Deadline Approaching Relating To Section 245(i) Adjustment of Status
The INS has issued an advisory reminding the public that there is a very short window of opportunity, which ends April 30, 2001, for individuals to preserve their eligibility to file for adjustment of status under Section 245(i).

INS Expects to Publish LIFE Legalization Regulations in May
The INS has stated that the agency will publish in May 2001 a regulation to implement the LIFE Legalization provision, Section 1104, of the Legal Immigrant Family Equity Act and Amendments (LIFE Act) enacted on December 21, 2000.

Immigration News of the Day

In Some Immigrant Enclaves, Loan Shark Is the Local Bank
The New York Times [registration required] reports that even though informal types of lending like loan sharking have been around for years, the volume and variety of recent immigration have brought an array of new types since immigrants are reluctant to use regular banks because of questions about their immigration status and many do not keep the financial records needed to qualify for a loan.

Letters to the Editor

Dear Editor,

I live in Germany and have applied for family sponsored immigration visa in the 1st category in 1999 (my priority date is March 15 1999). I've filled out all the forms and am at this time waiting for my priority date to come up. Since the end of last year, the priority dates in my category has been hanging at March 1, 1999. I tried to find out what is going on but get no answers. I've been reading your bulletin which is interesting but does not mention anything on this particular issue. I would greatly appreciate some information concerning the stagnation of priorities dates or advise me whom I can contact on this matter.

Eva Kiwiet

Dear Editor:

I want to congratulate you on the quality of news and information on your site, making it the primary resource for immigration issues. I would like to elicit the response of your members on my situation which is of general interest to many H-1B applicants.

I filed my H-1B petition to the Texas Service Center, receipt date 12/11/2000, without an ETA-9035. The LCA was however received on the 12/15/2000 (just three days later). I received a RFE from the INS to send the LCA on 3/21/2001. I sent the LCA to the INS the next day on the 4/22/2001. The TSC automated voice message system acknowledges receipt of my LCA on 4/16/2001 ( nearly 3 weeks later).

In terms of processing times the automated voice system is showing an inconsistency. It claims that processing times for fresh application are 60-90 days, while for my application - which has already undergone preliminary processing - it is 90 days. This is logically inconsistent. A application which has undergone processing should have a lesser wait time than a fresh application not more. Is this just a mistake in the recording?

Also, are members aware of a method we can contact the TSC, not through the regular number which is just impossible. The RFE mentions officer 100, as the officer responsible for the case, is there a way to get a message to him directly or his supervisor to expedite the case which has already taken 120 calendar days. I am willing to hire a top quality attorney, consultant to expedite the case.


Dr Ashish Garg
Atlanta, GA

Editor's Note: ILW.COM encourages the submission of information on processing times at

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 to 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 212-750-1121

Face the Music in Austin, Texas: Learn the Latest Immigration Dance. Texas Chapter AILA proudly presents Spring 2001 Immigration Law Conference, April 27-28, 2001, Radisson Hotel & Suites on Town Lake, Austin, TX. For details click here.

The Practising Law Institute, a not-for-profit Continuing Legal Education Organization offers a program on Basic Immigration Law at PLI Conference Center, 810 Seventh Avenue at 53rd Street, 20th floor, New York City on Tuesday, May 1, 2001, from 9:00 a.m. - 5:00 p.m. For details click here.

On Friday May 18, 2001, the Philadelphia Chapter of the American Immigration Lawyers Association will host "It Takes a Lawyer: Representation of Families in Nonimmigrant and Immigrant Visa Proceedings Before the INS, State Department and Immigration Court" Topics to be covered include Ethics, Nonimmigrant Visas for Family Members, Waivers, Litigating Family Based Immigration Issues, Affidavits of Support, Consular Processing, VAWA issues and Bona Fide Marriages. For registration information, please call Valentine Brown at 856-384-9902.

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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