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Immigration Daily
Arthur L. Zabenko, Esq., Legal Editor
August 13, 2001
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Editor's Comments

According to an article in the New York Times [registration required] the US and Mexico agreed in principle to an expanded temporary worker program that would allow some of the estimated three million Mexicans living here unlawfully to earn permanent legal residency. As recent experience shows the gap between a stated immigration policy and the actual practice is often a wide one. Even when the policy comes from Congress, as family unification expressed in the V visa, the end result may not be what was intended. As a letter to the editor makes heart achingly clear the author's family is no closer to being united than they were when the LIFE Act became law more than eight months ago. Whatever agreement Secretary of State Colin L. Powell and Attorney General John Ashcroft reach with their Mexican counterparts, and whatever understanding Presidents Bush and Fox come to on the issue of Mexican immigration, the end result, after passing through Congress and into the hands of the INS, is likely to be far different.

The Diversity Lottery, Employment and Family priority dates for September have been released, and the Vermont and Nebraska processing times have been updated.

The text of H.R. 2705, the "Rural and Urban Health Care Act of 2001," H.R. 2712, the "Mass Immigration Reduction Act of 2001," and H.R. 2713, a bill to permit the Attorney General to create a record of lawful admission for permanent residence for certain aliens who entered the US at least 15 years prior to the application date, is now available.


ILW.COM Focus

Yourlawfirm.com!!

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With a website, you can project a more professional image for your law firm. Your website is like a "yellow page" listing plus brochure combined. In today's legal practice, a website is a must-have for many lawyers. You can start your website with just one page, and then add more content and design elements later. ILW.COM will reserve and obtain your "domain name" for you, get you your first web page, and we can also host your website. For a free consultation on getting your own website, please send an email to: webmaster@ilw.com.


Tip of the Day

24-Hour Live Chat

ILW.COM now has a 24-Hour Live Chat Room which allows immigrants, attorneys, employers and others to talk to one another about immigration at all times. In order to enter the chat room, click on either the link for "24-Hour Live Chat" or "LOGON" on our home page. Once you have entered the page just choose a user name that you would like to use for the session, select "ILW.COM Public Chat Room" from the Room List and click "Enter Now."

ILW.COM's 24-Hour Chat Room has been designed to facilitate conversations among our site users. We have found that the maximum number of people congregate in the chat room area either before or after one of ILW's scheduled chat with a lawyer. Many people use this chat room as an opportunity to talk among themselves and share immigration information such as personal stories about the immigrant experience, immigration tips, and encouragement and advice in making it through the immigration process. For site users who are not able to participate in ILW's scheduled chat with a lawyer sessions due to time differences, the 24-Hour Chat Room allows you to participate in the chat experience at a time which is convenient for you.


ILW.COM Featured Article of the Day

"A Moveable Feast": New and Old Portability under AC21 § 105 (Part VII)
Angelo A. Paparelli and Janet J. Lee in the sixth of their articles on H-1Bs discuss revocation of the LCA.


Immigration News

Failure to Request Downward Departure Not Ineffective Assistance
In US v. Valdez-Gomez, No. 01-4044 (10th Cir. Aug. 9, 2001), the court held that failure to request a downward departure in sentencing based on being an illegal alien, where being an illegal alien is an element of the crime does not constitute ineffective assistance of counsel.

Motion to Reopen under CAT Must be Timely
In US v. Malm, No. 00-2371 (4th Cir. Aug. 10, 2001), the court found that the Board of Immigration Appeals (BIA) did not err in denying a second motion to reopen because Petitioner failed to comply with the time and numerical restrictions for motions to reopen including the special provisions under Convention Against Torture (CAT).

INS News Release on Extended TPS for Montserrat
The INS announces the extension of Temporary Protected Status (TPS) for nationals of Montserrat for an additional year until August 27, 2002.

CIPRIS Name Change
A recent memorandum from Michael Cronin, Acting Executive Associate Commissioner, Office of Programs, discusses the change in name from CIPRIS to Student and Exchange Visitor Program (SEVP) and Student and Exchange Visitor Information System (SEVIS).


Immigration in the Press

US-Mexico Talks Produce Agreement on Immigration Policy
According to the New York Times [registration required] the US and Mexico agreed in principle to an expanded temporary worker program that would allow some of the estimated three million Mexicans living here unlawfully to earn permanent legal residency.


ILW.COM Chats and Discussions of the Day

Chat with Karen Meade
Karen Meade will answers questions on all aspects of immigration law on Monday, August 13, 2001, at 9:00 p.m. Eastern (New York) time. Questions will be accepted beginning 15 minutes before the beginning of the chat.


This Day in Immigration

From August 11, 2000

"No new cases today. ILW.COM strives to bring you every immigration related case from the US courts. Due to legal and ethical considerations, we will only carry cases published on web sites of the courts. So if you do not see a case here it may not be because we are not aware of it, it may be because the court does not maintain a web site to make its decisions available to the public. Some courts, such as the Southern District of New York, publish on the web opinions of only certain judges. Other courts have no web presence at all. Since the Internet has taken its place besides print and broadcast as a means for sharing information with the public, every federal court should have a web site and make all published opinions available electronically. Until all courts make their opinions available directly to the public, if you are a party to an immigration related case and you do not see the opinion on the site, please e-mail a copy to editor@ilw.com or FAX us a copy at 212 563-4438. We will share it with the public."

The ILW.COM archive of immigration information is 20,000 pages and continually growing. To search the archive by date, click here, or search by entering a keyword:
 
  


Letters to the Editor

Dear Editor:

It amazes me that after several months of this immigration policy (V visa) being made law there still seems to be no idea when it will take effect. I am the wife of a permanent resident and I have been waiting here in the US nearly four years for a visa number. When I heard about this new change they said it should be ready by the end of May. Then they said it should be ready by the end of July and still nothing. Now what really incenses me is that they are going to increase fees when immigrants are suffering untold hardships based on their decisions or lack thereof. I believe that the INS, like so many other federal institutions, need a complete overhaul. We as immigrants are basically at their mercy!

Shalom,
TT


Classifieds

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 editor@ilw.com.

HELP WANTED: CORPORATE IMMIGRATION PARALEGALS
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 ATLANTA, NEW YORK, NEW JERSEY,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 or avandenbossche@fragomen.com

IMMIGRATION TELECONFERENCE
Angelo Paparelli and Steve Yale-Loehr will conduct a three-part teleconference and e-mail listserv series titled On the Cutting Edge: H-1B Practice and Strategy with Angelo Paparelli and Steve Yale-Loehr. The remaining teleconferences will take place Wednesdays September 5, and October 3, 2001, at 1:00-2:30 p.m. Eastern (New York) time. They are open to attorneys, employers, HR professionals and anyone else interested in the H-1B process and strategy. For more information or to register click here.

CLE CONFERENCE
American Immigration Lawyers Association 2001 Fall CLE Conference "It's a Border Thing" September 14, 2001, La Mansion del Rio Hotel, San Antonio, Texas. Register before August 24, 2001, and save $$. Receive discounted hotel rates when you make hotel reservations by August 20, 2001. Visit the Conference section of www.AILA.org to obtain registration and hotel information. Don't Miss This Exciting Conference!

IMMIGRATION LAW SEMINAR
Saturday, October 13, 2001, 9:00 a.m. to 1:00 p.m. at Ramada Inn, Fairfield, NJ. A panel of experienced immigration lawyers and paralegals will explain how the administrative system operates and present the information you need to handle basic immigration matters. You’ll also hear directly from several agency representatives about the procedures you need to follow when dealing with these agencies. For details click here.


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.
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Marc Ellis, Gary Endelman

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