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Immigration Daily


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Immigration Daily
Arthur L. Zabenko, Esq., Legal Editor
March 27, 2002
Previous Issues

Editor's Comments

ILW.COM takes pride in offering the readers of Immigration Daily and Immigrant's Weekly a variety of articles on immigration law and policy. The level of sophistication ranges from elementary to scholarly and the topics range from "how to" articles to foreseeable changes, as in Cyrus Mehta's "Likely Changes in Visa Rules After Recent Furor over INS Actions Concerning Terrorists' Visa Applications" to political commentary such as "Civil War within the GOP: Who Wins on Immigration?" by Gary Endelman and which he has clarified in his letter to the editor. We welcome the submission of articles on all aspects of immigration law an policy. In the "about the author" section we will include whatever contact information the author requests. Send articles to

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Approximately 200,000 searches are made each year for immigration attorneys on ILW.COM. That's almost 400 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 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 Alternatively, if you prefer to list yourself on-line, please click here:

ILW.COM Featured Article of the Day

Likely Changes in Visa Rules After Recent Furor over INS Actions Concerning Terrorists' Visa Applications
Cyrus Mehta provides a comprehensive review of upcoming changes in INS and Department of State procedures.

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Immigration News

Transporting Individuals Sought by Police an Aggravated Felony
In US v. Vigil-Median, No. 01-4655 (4th Cir. Mar. 26, 2002), the court found that transporting three individuals whom Petitioner knew were being pursued by the police and admitting to acting with the intent to prevent hinder or delay their discovery amounted to an offense relating to obstruction of justice and so was an aggravated felony for purposes of immigration law.

No Entry Required for Conviction of Transporting Aliens
The court in US v. Hernandez-Garcia, No. 00-50634 (9th Cir. Mar. 26. 2002), ruled that so long as has come to the US unlawfully and a transporter knows or recklessly disregards this fact, and the alien is transported within the US, it is immaterial whether the alien has technically entered the US or not for a conviction of transporting aliens within the US.

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Immigration in the Press

Blame Government Bloat for Immigration Snafus
According to an opinion piece in USA Today, if INS Commissioner Ziglar really wants to know what's wrong at his agency or, in fact, with the federal government's entire executive branch he needs only to open the INS phone book and start dialing.

INS Paperwork Makes Job Harder to Do
Fox News reports that at INS headquarters, Commissioner Ziglar has implemented a "zero tolerance policy ... to make it clear that disregarding field guidance or other INS policy will not be tolerated," but that this may complicate, rather than improve matters.

ILW.COM Chats and Discussions of the Day

Chat with Barry Lieber
Barry Lieber will answers questions on all aspects of immigration law on Wednesday, March 27, 2002, at 9:00 p.m. Eastern (New York) time. Questions will be accepted beginning 15 minutes before the start of the chat.

Letters to the Editor

Dear Editor:

Only a devotee of the tooth fairy would believe that immigration policy is immune from political considerations. Yet, it is equally implausible to hold that these are the only reasons why President Bush is pushing an expansive amnesty proposal in his ongoing dialogue with Mexico. I regret that my recent column on this subject may have failed to point this out. I write today as a postscript to make the picture a more complete portrait of the President and his party. W comes from Texas and, unlike Pete Wilson in California who made immigrant bashing his ticket to re-election only to have the Republican Party be overwhelmed by the backlash, Governor Bush did not embrace a Texas version of Proposition 187. He consistently did well among Hispanic voters and demonstrated a visceral receptivity to the need for cultivating a special relationship between Mexico and Texas, two sovereign republics linked by history, geography and language. When he moved into the White House, the President carried with him this neural appreciation for Mexico and has persisted in trying to act on it even after September 11th.

So, while we know that the President seeks to gain political capital out of the immigration issue, a desire to tell the whole story obliges me to remind myself and my readers that what the President has always believed might also count.

Gary E. Endelman

Dear Editor:

In the "Letters to the Editor" section of Immigration Daily we can see many distinguished persons have expressed their views about Section 245(i). I find most of them are saying that this section has rewarded the illegal aliens for their fraudulent activities rather than punishing them. Furthermore, they are saying that while the White House and the Capitol Hill are asserting that families should not have to be split up, and to reunite the children with their parents is their nuclear family policy, they do not appear to have paid attention to the children of legal permanent residents who have been waiting outside the United States for their immigrant visa numbers for years. The most glaring example of injustice is the children of legal permanent residents in the F2-B category, who have been separated from their parents for 9 years due to unavailability of their visa numbers, and are still waiting patiently outside the United States. It seems that the White House and the Capitol Hill have ignored them. I believe that the best solutions to resolve the current problems of the illegal aliens and to eliminate the suffering of the children of the legal permanent residents, are the following:

1) All the illegal aliens, both EWIs and overstays, should be sent back to their countries and made to process at consular posts for immigrant visas; and

2) the children in F2-B (Family-sponsored immigrant visa) category who have been waiting for immigrant visa numbers for more than 6 years should be made eligible for the V visa created recently to join their parents, or the immigrant visa numbers should be increased so that the above children will not have to wait extraordinarily.

If the above two solutions are implemented I think we can say that injustice is not done, and the immigration problems we are facing now, will be solved for ever.

Sushil Babu

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"WHAT GOES UP, MUST COME DOWN!" A Business Immigration Seminar specifically designed for Corporate Immigration Personnel and Immigration Attorneys. Thursday, April 11, 2002, from 9:30 a.m. - 4:00 p.m. Cadence Design Systems, Inc. - The Pebble Beach Room 2655 Seely Avenue (near River Oak Drive), Bldg. #5, San Jose, CA. For details and registration form click here.

The Midwest Legal Immigration Project is continuing its endeavor to provide basic immigration legal training to attorneys and paralegals practicing immigration law, or who wish to begin the practice of immigration law. Our next intensive week long basic legal immigration training seminar is scheduled for May 13-17, 2002, at the Marriott Hotel in downtown Des Moines. The seminar is co-sponsored by the Immigration Legal Resource Center of San Francisco. Successful graduates will receive assistance in applying for BIA accreditation if they wish. The seminar is accredited for 30 hours of CLE and 2 hours ethics for attorneys. The Marriott Hotel is offering sharply discounted rooms for $49/night plus tax. Call 1-800-228-9290 for room reservations and mention the immigration legal training seminar. For more information, call Jim Benzoni at 515-271-5730; fax 515-271-5757; 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.
Editorial Advisory Board
Marc Ellis, Gary Endelman

Copyright 2002 American Immigration LLC, ILW.COM

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