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Immigration Daily

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Immigration Daily
Arthur L. Zabenko, Esq., Legal Editor
Nina Manchanda, Esq., Assistant Legal Editor
Marc Ellis, Esq., Chat Transcripts Editor
February 1, 2001
Editor's Comments of the Day
Tip of the Day
Cases of the Day
Congressional News of the Day
ILW.COM Featured Articles of the Day
Immigration News of the Day
ILW.COM Chats and Discussions of the Day
Letters to the Editor
Classifieds of the Day
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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.

Editor's Comments of the Day

ILW.COM has learned that the Republican members of the House Subcommittee on Immigration and Claims is as follows:

GEKAS, Chairman
ISSA, California
HART, Pennsylvania
SMITH, Texas
GALLEGLY, California
FLAKE, Arizona

When the Democratic assignments are made we will let you know.

The actual text of the LIFE Act expands the K visa classification. The K visa has allowed fiance(e)s of US citizens to enter and marry within 90 days. The visa can now also be used by a alien who has married a US citizen and is the beneficiary of an immigrant visa petition. The minor children of the alien fiance(e) or spouse are also eligible for visas. If the immigrant visa petition, visa application or adjustment is denied, the authorized admission terminates within 30 days. The INS now needs to promulgate regulations to implement the changes to the K visa category.

Tip of the Day

Place the ILW.COM Logo on Your Web Page!

ILW.COM is a vast resource of immigration information. Some of our readers link to our site so they can share with visitors to their pages the benefits of the information we offer. Additionally, attorneys who are members of ILW.COM may want to display an ILW.COM logo on their web page to gain a competitive edge by showing potential clients they have access to all the advantages of ILW.COM membership, including case tracking.

If you want to place the ILW.COM logo on your web page, you can choose from two sizes. Simply follow the instructions below.

Cut and paste the following HTML text at the appropriate place on your web page:

SMALL LOGO: ILW.COM - The Immigration Portal

< a href=""><img src="" alt="ILW.COM - The Immigration Portal" width="126" height="51" border="0" > </a>

LARGE LOGO: ILW.COM - The  Immigration Portal

<a href=""><img src="" alt="ILW.COM - The Immigration Portal" width="108" height="58" border="0"></a>

Cases of the Day

No Equitable Tolling With Actual Knowledge
The court in Jobe v. INS, No. 99-1064 (1st Cir. Jan. 30, 2001), found that a Petitioner who had been ordered deported in absentia was not entitled to equitable tolling of the 180 day period in which to file a motion to reopen where the facts he presented showed he had actual notice of the order within one month of its being issued.

Indefinite Detention Violates Due Process
In Rosales-Garcia v. Holland, No. 99-5683 (6th Cir. Jan. 31, 2001), the court disagreed with the district court's holding that the prospect of indefinite detention of an excludable alien who would not be accepted by his country of origin was not arbitrary, conscience-shocking nor oppressive in the constitutional sense," and reversed the denial of the petition for habeas corpus.

Congressional News of the Day

INS Final Rules on Parole and TPS Referred to Committee on the Judiciary
Notification of the delay in implementation of the INS's "Clarification of Parole Authority; Delay of Effective Date" and "Temporary Protected Status: Amendments to the Requirements for Employment Authorization Fee, and Other Technical Amendments; Delay of Effective Date" was referred to the House Committee on the Judiciary.

More District Court Judges for Southern California
Representative Cunningham introduced the "Southern California Federal Judgeship Act of 2001," which would authorize additional district court judges for the Southern District of California, which handles a substantial number of immigration cases, and, because of an agreement between the INS and the State of California that calls for criminal aliens to be transferred to prison facilities in this district upon nearing the end of their state sentences, has a tremendous need for judges.

Resume of Congressional Activity in the Second Session of the 106th Congress
A series of tables give a comprehensive resume of all legislative business transacted by the Senate and House during the second session of the one hundred sixth Congress.

ILW.COM Featured Articles of the Day

The New H-1B Visa Transfer Rules: New Ethical Challenges for Immigration Attorneys
David H. Nachman, a principal in the firm of Grotta, Glassman & Hoffman, writes about the potential for a conflict of interest between employees and employers, and the dilemma this creates for attorneys.

Supreme Court to Decide Constitutionality of Citizenship Law
Carl R. Baldwin writes about the Supreme Court's decision to resolve the conflict in the circuit court decisions interpreting the statute which confers citizenship at birth to the foreign-born out-of-wedlock child of a US citizen mother if the mother establishes that she had maintained physical presence in the US for a continuous period of one year, but requires the father, in addition to establishing physical presence, to undertake affirmative measures before his foreign-born out-of-wedlock child can acquire US citizenship.

Immigration News of the Day

Illegal Immigrants Injured on Job Cause Dilemma
The Houston Chronicle reports that when illegal immigrants cross the border to work and are injured, the workers typically find that they have problems getting health care and monetary compensation on both sides of the border.

ILW.COM Chats and Discussions of the Day

Chat with Allan Wernick
Attorney Allan Wernick will answer questions on all aspects of immigration law on Thursday, February 1, 2001, at 9:00 p.m. Eastern (New York) time. Questions will be accepted starting 15 minutes before the start of the chat.

Letters to the Editor

Dear Editor,

It is interesting to note your recent guidance to readers on how to best print out the information available from your Website -- and their positive reaction to it.

Although the Internet is often used by people to quickly find information they need, review it and then move on, we at INS are also finding that many of our various customers (among which include current and prospective immigrants, employers, community based organizations, immigration advocates and immigration lawyers, Congressional staffers, media representatives, teachers and students, and the general public) want to print off hard copies of our information resources and forms. This is especially important for, among other things, copying our very informative "How Do I ...?,"s, downloading individual forms and the guidance provided about them on our Forms Entry Pages (provided on a separate page en route to the forms themselves), and printing out the really handy Forms, Fees and Filing Locations Chart at:

Some customers want to have hard copies for further study, some want to take hard copies to a friend or a community agency for translation, others want to take them along when they visit an INS field office, and still others want to have them readily available as reference when they call the INS call center for live assistance and further information; see our National Customer Service Center (NCSC) home page at:

We take this desire for hard copies of our Internet information as a clear sign that we are providing timely and accurate resources that are indeed helpful.

Therefore, we too were pleased to add recently to our entire Website a new "Print Page" button. This can be found on the top right-hand side of our Website's toolbar. Customers pressing this button transform the page they are on into a "printer-friendly" format that they can then print off with ease: no lost words at the edge of the margins, no graphics unnecessarily complicating the message. The initial reaction to this new feature on our Website has been overwhelmingly positive.

If people are still experiencing problems in printing -- or any other problems with our Website, they should contact us by regular mail (at the address below) or through the "Feedback" feature on our Website, clicking on "Comments on the Website" at:

Thank you.

Gregg Beyer
INS Web Manager
Immigration and Naturalization Service
425 I Street, NW, Room 4034
Washington, DC 20536

Classifieds of the Day

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

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