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Immigration Daily


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Immigration Daily May 15, 2002
Previous Issues

Editor's Comments

In remarks when signing the Border Security Bill into law, President Bush said "The bill didn't have everything I wanted. I wanted a temporary extension of 245-I in the bill, which basically allowed certain immigrants, sponsored by their families or employers, to become legal residents without having to leave the country, so that families can stay together. I thought that made sense. It's not a part of the bill; I intend to work with Congress to see if we can't get that done here pretty quick." The President is clearly steadfast in his support of 245(i) but Congress must act if 245(i) is to make it back into the statute books. It must be borne in mind that 2002 is an election year, and both Republicans and Democrats will be courting the Hispanic vote for the Congressional elections in November. While this shortens the legislative timetable, it also puts pressure on Congress to consider the matter. Immigration Daily will continue to cover this developing and important story.


Seminar On HealthCare Issues In Immigration

William Stock, Robert Aronson, Greg Siskind and Jan Pederson will speak at ILW.COM's seminar: Healthy or Ailing? Immigration for Doctors and Healthcare Workers. The deadline to sign up is midnight on Tuesday, May 21st! The seminar outline is as follows:

1. How to Immigrate as a Physician including Credentialing and licensing: What does it take to be a US doctor? (ECFMG, residuary, USMLE); Entering to get credentialed: F Visa - study centers, J Visa - how to get it (no more researcher to doctor switch), H Visa - What's really required to be an H-1B resident, O Visa Can it work for a "training" position?; Permanent Residence Options (or, I've got my license, now what?): Labor Cert, NIW for Underserved area, EB-1 or NIW for high-level clinicians.

2. 212(e) Waivers for Doctors including: What's a HPSA, anyway, and how do I find out if my job is in one?; Which federal government agencies sponsor waiters?; I'm a specialist, where can I go?; State 20 programs; Waiver procedures - nuts and bolts; Interaction of J waiver and NIW for underserved areas.

3. Allied Health Care Workers including: Nurses - the "straight to green card" option; Nurses for shortage areas (or, does H-1C really work?); Dentists, chiropractors and others called "Doctor"; PTs, OTs, and other therapists; Medical technologists; Credentialing and licensing issues; Specialty occupation issues for allied health professionals; What's this "Visa Screen" anyway?; Permanent Residence issues and options

For more info, or to sign up online, click here.
For more info, or to sign up by fax, click here.

Featured Article

Travel Tips for International Students
Ellen H. Badger of Binghamton University has updated her previous article with detailed tips for foreign students to follow when traveling.

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Immigration Law News

President Bush Signs Border Security Bill Into Law
In comments when signing the Border Security Bill into law, President Bush said "The bill I sign today enhances our ongoing efforts to strengthen our borders. The purpose of this bill is to help our country do a better job of border security."

BIA Says Circuit Court Case Law Will Determine Whether State Drug Offence Is Aggravated Felony
In re Yanez-Garcia, 23 I&N Dec. 390 (BIA 2002) (en banc) (May 13, 2002), the Board of Immigration Appeals (BIA) said that whether a state drug offense constitutes a "drug trafficking crime" such that it may be considered an aggravated felony shall be determined by reference to decisional authority from the various federal circuit courts of appeals.

INS Extends Comment Period
INS has extended the comment period for its proposed rule for the Establishment of a $3 Immigration User Fee for Certain Commercial Vessel Passengers Previously Exempt to May 28, 2002.

Sen. Dorgan Wants Cuban Official To Be Issued A Visa
Sen. Dorgan (D-ND) once again raised the issue of the revoking by the Department of State of a visa issued to a Cuban official.

Keep on top of the latest in immigration law! Attend ILW.COM seminars! You can attend ILW.COM phone seminars from the convenience of your office! For more info on the seminars currently available, please click here:

Other Items

Indian Chief / Sovereign King Adopts Undocumented To Prevent Them From Being Deported
The Boston Globe, on the website reports on "one of the most bizarre legal arguments to cross the desks of [the INS], a self-described Chippewa chief from Canada has stepped forth to fight [the deportation of an undocumented Chinese immigrant], insisting that Zheng is not an illegal Chinese immigrant, but his own adopted son."

White House Spokesman Supports Temporary Extension of 245(i)
The Orange County Register reports on the recently introduced Senate Bill, which, if passed, would extend 245(i) up to April 30, 2003 and quotes "White House Spokesman Scott McClellan [saying] the president has been urging Congress to move forward quickly to strengthen families and make American more welcome and supports a temporary extension of 245i."

How to Get and Keep Corporate Clients? Use ILW's Case Tracking! Each case takes only a few minutes from start to finish! Serious practitioners find this modern technology a "must have." For more info, send e-mail to:, include your phone #.


Help Wanted - Employment Based Immigration Attorney
Tindall and Foster, P.C., an established immigration-only practice in Austin, Texas is seeking an experienced immigration attorney. The successful candidate is expected to possess 2-5 years experience in employment based immigration law, with demonstrable Labor Certification experience. Tindall & Foster, P.C. has been practicing immigration law since 1973. The Firm has offices in Austin and Houston and continues to expand. Please review and for background. 401(K), profit-sharing, medical and dental. Salary commensurate with experience. Experienced candidates may submit resumes and salary histories to Robert Loughran at

We carry advertisements for Help Wanted: Attorney, Help Wanted: Paralegal, Help Wanted: Other, Positions Sought, Products & Services Offered, etc.
For information on advertising in the classifieds please click here

For a listing of current immigration events please click here
For services/products of use in your law practice please click here


Chat with Mira Mdivani
Attorney Mira Mdivani will answer questions on all aspects of immigration law on Wednesday, May 14, 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:

In his letter to the editor on 5/13/02, Mr. Baer talks about a solution to the "immigration problem". He then implies that anyone who opposes the present rates of immigration must be biased or xenophobic. Once again I looked up "xenophobia" on Encarta. The definition is: "an intense fear or dislike of foreign people, their customs and culture, or foreign things".

Mr. Baer appears to be so fervent in his own beliefs that he can't accept the fact that there may be valid reasons for wanting to reduce immigration to this country and to enforce the law. In 28 years with the Border Patrol I probably dealt with as many (or more) aliens as has Mr. Baer. I have no fear of them nor their customs or culture. What I do fear is their numbers and the impact on this country. In 2050 we'll have about 400 million people if present trends continue. (If Mr. Baer and those who share his views on immigration are successful, we could have a lot more.) By 2100 we could well be at about 1 billion people. Does anyone really believe that we can accommodate that many people and have any quality of life? Perhaps some don't care since they'll be gone by then. Still, is it moral to impose that on our progeny?

If we're going to talk about a solution to the problem, we're going to have to find some common ground; that includes a halt to assuming that we know what someone else is thinking. If we all continue to insist that the only point of view to be considered is "ours", we're not even going to discuss the "problem", let alone solve it.

John Frecker
Bailey, ME

Dear Editor:

I was impressed with the sincerity of Ms. Hall's letter to Immigration Daily on 5/10/02. It was eloquent.

There are people like Congressman Tancredo who would have us believe that multiculturalism, the being multicultural, is something bad.

The dictionary defines ‘multi’ as meaning more than one, and ‘culturalism’ as the having of social and artistic appreciation. So multiculturalism, the being multicultural, is having the appreciation of more than one culture, social and artistic. This is a good thing.

Mr. Tancredo faults immigrants for not abandoning all they have been taught by their parents including their native language, for not speaking English exclusively and for clinging to their culture. He said that is what his Italian immigrant grandparents did; that they never spoke Italian after they arrived in this country. How sad! How much he and his family lost! He opposes any more immigrants being admitted to our country and wants to deport all of them that are here now.

Ms. Hall's continued attachment to your country of birth, its language and its culture, is admirable and it has not interfered with her learning of English, with her securing an education that allows her to take her place in American society, and with her being a loyal American citizen.

My grandparents came to this country as immigrants several years before WWI. My grandfather, “Pepch”, left Germany with his bride on the day of their wedding, traveling by steamship in steerage, sharing space and privacy with many other poor immigrants, all with a destiny, a new unknown Promised Land. After a short work sojourn in New York City, my grandparents migrated to Columbus, Ohio where there was already a substantial German settlement. The community center of the settlement was a park named after the German poet, Johann Schiller. “Pepch” plied his trade as a shoe cobbler (a trade he learned in the German army), and raised four children. After years of saving, he managed to own three little brick German houses, living in one and renting out the other two.

With his first pay in this country, my grandfather purchased warm woolen underwear to send home to his parents and he continued to help to sustain them throughout the rest of their lives.

My grandfather spoke very little English, as he had no need for it; my grandmother spoke none. The tradesmen in their community were all Germans, the newspaper was published in German and the two churches had German services. My grandfather and his fellow immigrant countrymen did not need to speak English to be law-abiding citizens. As a child I spoke both German and English. My father died during WWI. After graduating from college, I worked for 36 years in the service of my country.

I still remember past Christmas Eves of my childhood; my grandparents would come to the house and before we would open our presents, they would sing Silent Night-Holy Night in German. We shared and loved their traditions. We loved our grandparents.

I write this because I want all to know that they were good citizens without knowing English and without forgetting their homeland, and to relate to all at least one discrimination which my grandfather suffered.

World War One came and my father cautioned my grandfather not to leave his community as prejudice against Germans abounded. (I was born at this time of WWI—yes, I am that old, the last of my family.)

At the height of the war vandals tumbled down the statue of Schiller, the poet. Someone hauled it away. My grandfather was in tears when he told us about it. He was so hurt. Then, on May 27, 1918, an added affront, the Columbus city council voted to change the name of the park from Schiller Park to Washington Park. (There were xenophobic politicians like Tancredo in those days, too.) It wasn’t until several years after my grandfather’s death that unbiased minds prevailed, and on April 7, 1930 a resolution was passed by council to restore the name of the park back to that of the poet. The statue was found sometime later where it had been discarded in a city warehouse. It was refurbished, remounted on its pedestal and rededicated. I was there for the rededication and wished so much that my grandfather could have witnessed it.

I don’t remember much of the German language but I will always remember the traditions my grandfather taught me. He was never a bitter man; it was he who taught me compassion. Through all these the years I remember my grandfather’s stories.

Later in life, I was blessed with the opportunity to live in Mexico and to become acquainted with the customs of another people. I learned a new language and found a love for yet another culture.

I have compassion for the undocumented Mexican workers who are in this country. Some have been here for almost twenty years living and working in the shadows. These people may not speak English very well. They are proud of their culture, and they observe their fiestas and venerate the Virgin of Guadalupe, their patron saint. Like my grandfather in his time, they, too, send money home to their parents and families. None of this disqualifies them from being potentially good citizens if they were given the opportunity.

Today, there is more need to know English. According to a recent survey, over 80% of immigrant children prefer English to their parent’s native tongue but converse in Spanish with their parents. Do the immigrants themselves want to learn English? I recently accompanied one of them to the Adult Learning Center to register for English as a Second Language course, because we were informed that registrations were not accepted by phone, mail or e-mail. At the Center we were told to arrive early on registration day as registration was on a “first come, first served” basis. On the appointed day doors opened at 7:45 AM; we were there at 7:00 AM. and there was already a waiting line. My companion made the cut and was registered.

When my grandfather died, he left my brothers and I the three little German houses (which still had neither indoor plumbing nor central heat). We sold them for $1,000 a piece. My thousand dollars paid my last year in college. Today, the German Village, as it is now called, is an historical landmark community and the three little houses, now renovated, have a value of close to $200,000 each.

The park is beautiful and when I visit there and Schiller gazes down on me, I remember my past and my grandfather.

Richard E. Baer, D.V.M.

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. Send Correspondence and articles to Letters and articles may be edited and may be published and otherwise used in any medium. Opinions expressed in letters and articles do not necessarily reflect the opinion of ILW.COM.

Editorial Advisory Board
Marc Ellis, Gary Endelman

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