Finding A Long Lost Relative
The readers of Immigration Daily form a community, which albeit online, is
a real community of a shared interest in immigration law. We have a
human-interest story to report, and a special appeal for someone called "G.
Jack," please read on.
In our issue of May 10, 2001, we carried a case styled Pinho v. INS
In our issue of June 19, 2002, we carried a letter to the Editor by one "G. Jack" in which s/he said "I am trying to locate a relative desperately," the Pinhos in
Pinho v. INS, and appealed to us to find them. In today's issue, we carry a letter to the Editor from the son of the attorney who argued the case
offering help to G. Jack to find his/her long lost relatives
Unfortunately, due to a technical problem, a few emails from 2002 were lost
on our computers, including the one from G. Jack. If one of our readers
writes to us with G. Jack's contact information, we may be able to help
lost relatives meet. Please send responses on this matter to
Why Criminal Issues Matter To All Immigration Attorneys
Since IIRIRA, the government has gradually "criminalized" immigration
practice, including business immigration practice. About the only thing
that is not yet an aggravated felony is jaywalking. Recent government
initiatives on Change of Address enforcement and Special Registration will
likely morph gradually "criminalizing" immigration practice further as and
when non-compliance or late-compliance on AR-11s and registration is
transformed from an administrative and technical lapse into a felony.
Immigration practice, particularly business immigration practice is slowly
changing from being primarily adminstrative practice involving forms to a
semi-litigational one where administrative hearings are part-and-parcel of
the attorney's lot. To confront the new business realities, it is important
for immigration practitioners to arm themselves with the concepts
surrounding criminal issues.
Our new seminar "Immigration Consequences of
Criminal Convictions: Problems, Solutions and Best Practices" (January 23, February 13, March 20) is led by
noted business immigration expert Angelo Paparelli. Joining him is a
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widely revered for his scholarship, Lory Rosenberg who served until
recently on the Board of Immigration Appeals, and Norton Tooby who has the
most experience in speaking on this topic for many years.
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More Troubling Ashcroft-isms
Jose Latour writes about Ashcroft's new policy regarding the Freedom of Information Act.
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Immigration Law News
INS Seeks Comments
The INS extended the comment period an additional 30 days and sought public comments on Form I-515, Notice to Student or Exchange Visitor; Form N-565, Application for Replacement Naturalization/Citizenship Document; and File No. OMB-32,Visa Waiver Program Passenger Arrival and Departure Data.
DOL Wage and Hour Division Recovers $175 Million for Workers In FY 02
The Department of Labor announced that $175 million in back wages collected for 263,593 workers in FY 2002 is the largest amount collected by the department in 10 years. Click here for the press release. Click here for the detailed table providing extensive statistics on the Wage and Hour Division Enforcement.
Asylum Seeker's Motives Do Not Alter Propriety Of His Arrest
In Shqutaj v. INS, No. 02-1909 (3rd Cir. Feb. 4, 2003), the court said Petitioner's motives for his actions did not alter the propriety of his arrest, nor did he provide support for the conclusion that his treatment while in custody in Albania rose to the level of persecution.
Use Of Force Is An Element In Texas Intoxication Assault
In US v. Vargas-Duran, No. 02-20116 (5th Cir. Jan. 16, 2003, revised Feb. 3, 2003), the court revised its Jan. 16, 2003 opinion where it found that because the Texas crime of intoxication assault has as an element the use of force against the person of another, therefore the district court did not err in imposing the 16-level enhancement under Section 2L1.2(b)(1)(A)(ii)of the Sentencing Guidelines.
Sixth Circuit Joins Sister Circuits In Stating Prior Conviction Is An Aggravated Felony Under Section 1326
In US v. Murillo-Iniguez, No. 01-3485 (6th Cir. Feb. 5, 2003), the court found that Defendant's prior conviction of importing cocaine was an aggravated felony within the meaning of Section 1326.
Registration Regulations Cannot Be Understood By Cabdrivers/Restaurant
Writing in the Washington Post, a Pakistani national who is a visiting
fellow at the Brookings Institution says "In a matter of moments I was
transformed from research scholar at a venerable Washington think tank to
suspect, from a person with a name and a face to a "body," a non-person ...
I did not know I was in violation of the INS policy. Brookings did not know
I was in violation. My friends in the State Department did not know I was
in violation. And if -- even after following the policy closely and calling
the INS for information -- we could not understand the law, what hope can
there be for the cabdriver or the restaurant worker who doesn't have the
leisure to discover the letter and intent of INS policies?"
If Separation Of Nuclear Family Is Not Extreme Hardship, What Is?
An opinion piece in the Arizona Republic about the ridiculous concepts
enshrined in IIRIRA says "In the eyes of the INS, [the husband] would not
experience extreme hardship if his wife were torn from her family, leaving
him alone to feed, clothe and nurture their four children. The INS does not
view the burden of meeting monthly mortgage payments without his wife's
income as extreme hardship. Nor does the INS think that it would cause [the
husband] extreme hardship to be separated for three years from his wife of
eight years. If all of this would not cause a U.S. citizen extreme
hardship, it is hard to imagine what would."
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Web Technology For Immigration Attorneys
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Letters to the Editor
To Angie and her critics, right on sister - for having the courage to make that statement
about this country having been built on the backs of those we enslaved
and stole land from. As for literacy - well, focusing on the alleged
illiteracy rate among the foreign born detracts our attention from the
illiteracy rate among our native-born population, just like focusing on
the cost of health care for the undocumented distracts us from the
failure of our system to provide access to affordable health care for
our own citizens and legal residents ( refer to the lip service paid to
the topic in Bush's State of the Union address).
The provision of free health care and other services to the
undocumented may in fact be a huge problem and a drain on our economy,
but I would like to see a more scientific study on the matter. For
example, when we say "foreign born"in the Florida hospital treatment
example, are we necessarily referring to the undocumented or illegal
aliens? After all, Henry Kissinger was "foreign born". When we say
"uninsured" - is it possible that they are uninsured because, although
they work full-time, their employers don't provide health insurance?
If so, who is really at fault? Furthermore, whenever we scapegoat
immigrants for our economic ills, we forget about their immeasurable
contributions. What about all the undocumented immigrants who pay
taxes under false social security numbers and are never able to obtain
the refunds owed to them? What about all the businesses that grow and
prosper because they pay their workers a substandard wage with no
vacation, sick days or other benefits Americans take for granted? What
would Americans pay for a head of lettuce or a donut if it was picked
or baked by their fellow countrymen with health coverage, paid vacation
and a 401(k)? What would we pay to eat out if the busboys, dishwashers
and prep cooks were Americans? Sure there are some geographic pockets
in the U.S. where the cost of living is still reasonable enough that
Americans can do these jobs and still afford to pay rent and run a car,
but certainly not in the major cities or on either coast, and yet many
immigrants manage to do it, and still have money to send home. Perhaps
we should take home economics classes from them.
To the critic of the H1B program, I would like you to know that the
individual responsible for the watermark on the paper on which the U.S.
dollar bill is printed was an Italian H1B, and is perhaps the foremost
watermark specialist in the world. Do you think that eliminating the
H1B program is going to enable Americans to master overnight an art that
the Italians have been perfecting since the Renaissance? Another fact
- one of the underground electrical superintendants on a massive east
coast harbor tunnel project was a Brit, one of a handful of outstanding
members of his trade in the world - and he was paid far less than the
American union electricians he supervised. Think of it this way - for
every highly skilled foreign worker employed strategically in a given
company, hundreds of potential jobs may be created for American
workers. After all, if the company loses its competitive edge, and the
plant closes, everyone goes down, "American", "foreign-born" and
"undocumented" alike. Shouldn't we rejoice that we can attract the
best and the brightest in their fields from the four corners of the
Why don't the malcontents vent a little more of their frustration on
the Enron-type criminals and corporate robber barons who export jobs and
exploit workers? It's either that or accept the theory that corporate
profit trickles down to benefit us all in the end and continue to
grapple with the various unpleasant consequences.
Angie asked what skills it takes to "succeed" in America. In reply, generally having more than a sixth grade education. For "success", I define a pretty low standard: being able to support one's self and one's family. If the immigrants which were the focus of this discussion were "succeeding" in the US, then we wouldn't have an argument--they wouldn't be receiving medical services at taxpayer expense, and the schools their kids go to wouldn't have problems paying for programs--the taxes immigrants paid would more than cover them. But poorly paid jobs usually don't come with medical benefits, and taxes, even if they are paid, don't begin to cover the costs of educating even one child, particularly if that child needs bilingual instruction. As for college-educated Americans doing the jobs illegal aliens do--if that is the case, then the illegal aliens definitely shouldn't be here. Remember, the gist of the arguments for illegal immigration is that these people do the jobs Americans won't do. Not that I really believe that either. In any event, it's one thing to have to provide medical care and education for citizens; it's quite another to knowingly import people who can't support themselves or their families.
Its very surprising as well as sad, that people come to the US as
visitors, stay here illigaly and after some years are able to stay
here. People also obtain H1 visas, and are allowed their immediate families are allowed to come with them, not to break the family so they can stay together. But people like
me, after getting an immigrant visa, on a family basis, and after many years, still
cannot bring my children, just because they are over 21 age. I have to
leave them behind alone. My family will be apart for years, until they
get their visa.
Mahesh M. Patel
In his recent letter, while factually correct on the issue , Ali Alexander does not take into account that English is not the official language of the US. In fact, the good old English speaking US, with its 350,000,000 some English speakers, does not have an official language, as do many other countries of the world. The "English only" dilemma will not be resolved until Congress resolves it by law. Of course to do this will step on the cultural toes of many minorities, Hispanics mainly, who will adamantly oppose any such law.
Our country may be "of the people, by the people and for the people", but the question is - what people? - all the people? - WASPs? - Latinos? - Chinese? - the minority having the largest majority of the minorities? - the minority with the most votes? - or the most money, or the most Anglo? - raising the issue of who is an American anyway, in this melting pot of ours?
All will agree, we must have a language in which to conduct public education, business and governmental affairs, and Esperanto met its fateful demise years ago, so why not English? Or should we let the tail wag the dog on the language issue? Some would have it that way, under the disguise of preserving cultural heritage. Well, then, I vote for the language of my maternal ancestors - Czech it is then.
David D. Murray, Esq.
Newport Beach, CA
My father's name, John D. Perez, appeared in a letter to the Editor in June 2002 (re: finding a lost relative).
He's an immigration attorney who argued Pinho v. INS in front of the US Court of Appeals for the Third Circuit. The person wrote that he/she was looking for information as to the whereabouts of Fernando and/or Maria Pinho. I would be happy to pass along any information that my dad may have.
Editor's Note: Please see Editor's Comments above.
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