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The leading
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Copyright
©1995-
ILW.COM,
American
Immigration LLC.


Immigration Daily
Arthur L. Zabenko, Esq., Legal Editor
January 24, 2002
Previous Issues


Editor's Comments

The California Service Center processing times have been updated. We also provide information on processing times at the Eastern Service Center in Vermont, the Northern Service Center in Nebraska, and the Southern Service Center in Texas. We thank the American Immigration Lawyer's Association which makes this information available to the public. If you find a case taking more or less time than indicated on these pages, send the information to times@ilw.com. As the hub for immigration information ILW.COM is a place to share the latest and most up-to-date immigration information.


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ILW.COM Focus

200,000 Attorney Searches per Year!

Approximately 200,000 searches are made each year for immigration attorneys on ILW.COM. That's almost 250 searches per year per attorney listed in our lawyer directory. Which means that if you are listed with ILW.COM, then your listing will be searched once each working day throughout the year. You need only one client a year to make a profit on your listing! For a personal discussion on listing your practice in our directory, please send an e-mail with your phone number to support@ilw.com. Alternatively, if you prefer to list yourself on-line, please click here: http://ilw.com/membership/.


ILW.COM Featured Article of the Day

The ABCs of Immigration - Special Handling Labor Certifications
Greg Siskind and Amy Ballentine write about special handling labor certifications used for professors at colleges and universities, and for aliens of exceptional ability in the performing arts.


Get new clients & keep them happy by staying on top of the latest! Adjustment is now quite complex & involves weighing many issues. So does Consular Processing (& traveling is a monkey wrench!) Noted attorney Ron Klasko (former AILA National President) will share his unique insights & guide you through the new subtleties & nuances in his seminar. Don't delay! Read all about it! For more info: http://ilw.com/seminars/adjustment.shtm Or: http://ilw.com/seminars/adjustment.pdf

Immigration News

Intent to Defraud Required for Aggravated Felony
In Valansi v. Ashcroft, No. 00-2293 (3rd Cir. Jan. 23, 2002), the court held that a conviction for embezzlement with specific intent to defraud qualifies as an offense involving fraud or deceit, and thus an aggravated felony for immigration purposes, but a conviction for embezzlement with only the specific intent to injure does not.

INS Review of Orphan Petition Processing In Vietnam
INS Commissioner Ziglar has sent a senior level official to assist the Bangkok District Director in conducting a review of the adoption process in Vietnam to address continued concerns with the orphan process, and is dispatching a team of INS officers to Vietnam next week to increase the level of review of the orphan petition processing there, including pending orphan petitions.


Immigration in the Press

Census Bureau: Over 100,000 Illegal Aliens from the Middle East
The Center for Immigration Studies offers a perspective on the recently released report from the Census Bureau which estimates that perhaps 115,000 people from Middle Eastern countries live in the US illegally.

Reorganization, Anti-Terrorism Effort Keeping INS Chief Busy
According to the Washington Post INS Commissioner James Ziglar said in his first one-on-one interview since taking over the INS in August, "I did not want to be INS commissioner,[...] I was drafted to do this."


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This Day in Immigration

From January 24, 2001

"In Tapia-Garcia v. INS, No. 99-9540 (10th Cir. Jan. 19, 2001), the court agreed with the Immigration Judge ("IJ") and the Board of Immigration Appeals ("BIA") that a conviction for driving under the influence in violation of the Idaho code is a crime of violence and an aggravate felony for immigration purposes. This is in contrast to the recent BIA case finding that a Delaware conviction for driving under the influence of alcohol is not a crime of violence within the meaning of aggravated felony because Delaware's statute covers not only driving and operating a motor vehicle, but also "having actual physical control." Without reaching the question of whether driving under the influence should be a removable offense, the consequences should not depend on the state where the crime is committed."

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:

In the 1/11/02 issue, a paragraph summarizes the OIG Telephone Audit as finding few errors in Customer Service answers. This is analogous to a report I read about in a newspaper reporting the Parking Meter monitoring authority found few meters malfunctioning--which was most untrue! When the government (or any organization) monitors itself, the report may not be the same as a report by the end-users! I thought I would test the service, to double check my technical approach on a couple of matters. Whilst the customer service INS representatives were most courteous, the level-one answers were "dead" wrong, twice. I was most sure the answers were incorrect, so I was able to talk to another officer, one level up, in both cases, and [only] then, I received the right answers (reality-tested).

Sincerely,
ECS, Esq., in Mpls., MN

Dear Editor:

Once again I would like to respond to Mr. Richard E. Baer's letter. I understand he spent several years working in Mexico and he knows the people of that country very well. One more time I would like to support his position, but we have to remember there are about 9 million illegal immigrants in the US. They are from different countries - from Mexico from Europe, from Poland, Russia, from all over the world. I believe the vast majority of them are honest and hard working people. One year ago I saw an interview on TV with a women who came legally to the US 15 YEARS ago!!! She worked, paid taxes, but still could not establish legal status in all these years. There are 9 million people who need a new solution. In my opinion you can not solve the problem for 3 million Mexicans and forget about other 6 million from other countries.If you take a closer look at restaurants, kitchens, baby-sitting, cleaning, housekeeping, elderly care services you will notice workers of various nationalities. I think any decision concerning status changing should include them all. Maybe it should be an extension of 245(i) or amnesty with some limitations (who is eligible, some background checking). I believe all decisions have to include people regardless of their nationality.

Sincerely
Hopeful Reader

Dear Editor:

Mr. Baer's concern in his letter of January 23 seems to be primarily for MEXICAN ILLEGAL immigrants. Just why is it that this group in particular deserves a "pass" on obeying immigration laws? Because they have no chance of getting legal permission? Millions upon millions of others from all over the world don't have a chance either. Shall we just say immigration is an "olly olly all in free" card - if you manage to get here, you get to stay?

Mr. Baer believes the old argument that these illegal aliens are doing work Americans and other immigrants can't or won't do. That's true - AT THE WAGE BEING PAID, which is usually far too low to support one person much less a family at the US cost of living. If employers truly wanted these workers, they had the opportunity to legalize them during 245(i) which ended April 30, 2001. Where were these eager employers then? Funny how willing these employers are to discuss "guestworker" programs, but not nearly so willing to discuss expansion of green card programs, which would require that they, the employers, assume responsibility for the workers, instead of relying on the domestic social safety net to do it for them. But then, why should they, when they can get a compliant workforce of illegal workers? And yes, whether they intend it or not, illegal aliens and quite a few legal ones do end up using various forms of welfare - the tourism industry in the DC area, for example, was devastated by September 11, and the workers hardest hit have been immigrants who cleaned hotel rooms, served food, and drove taxis. Shelters, food banks, and the like have been overrun by immigrants and those they displaced - lower-income African-Americans.

Ali Alexander


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Classifieds

For information on advertising in the classifieds please click here.

HELP WANTED: ATTORNEY POSITIONS
We are seeking at least two attorneys to practice in the areas of business and family immigration, port of entry inspections, and consular processing. Applicants should have at least 2 to 5 years of experience. Depending upon experience and practice, limited equity shareholder positions may be available. Board certification an obvious and appreciated plus. Ability to speak Spanish as well as other languages preferred. Excellent internet and legal writing skills are required. The positions are in El Paso with the firm of Kemp Smith, P.C. The firm has been in existence for over 100 years and has another location in Austin. El Paso offers close proximity to the US Consulate in Cd. Juarez and a user friendly INS district office as well as several ports of entry. The firm's web site is at www.kempsmith.com. For further information, please contact Kathleen Walker at 915-546-5325 or via e-mail at kwalker@kempsmith.com.

CLE PROGRAM on HIV+ IMMIGRATION ASYLUM AND PETITIONED CASES
The Association of the Bar of the City of New York (Committee on Immigration and Nationality Law) and Gay Men's Health Crisis are sponsoring a CLE on "HIV+ Immigration Asylum and Petitioned Cases" on January 29, 2002, 6-9 pm, at The Association of the Bar, 42 West 44th Street. The program will include speakers from GMHC, an Immigration Judge and speakers from several international gay and lesbian human rights organizations, as well as a speaker from Human Rights Watch's new HIV project. For details and registration form, click here.

IMMIGRATION CONFERENCE
On January 31st & February 1st 2002, the National Immigration Forum will host its inaugural conference A Nation of Immigrants in the 21st Century: Moving Forward in a Time of New Challenges. The conference will be held at the Mayflower Hotel in Washington, D.C. For details, click here. For registration form, 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.
Editorial Advisory Board
Marc Ellis, Gary Endelman

Copyright 2002 American Immigration LLC, ILW.COM


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