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Immigration Daily
Arthur L. Zabenko, Esq., Legal Editor
Nina Manchanda, Esq., Assistant Legal Editor
Marc Ellis, Esq., Chat Transcripts Editor
March 9, 2001
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Editor's Comments of the Day

Three correspondents have written that they have not received LCA's sent to the Department of Labor on Feb. 5 and another has been waiting "more than a month." As of March 8 the Department of Labor's website states, the LCA faxback system is currently processing cases Feb. 9 received by mail and Feb. 12 by fax. There are currently 13,227 cases in the queue to be processed. The Department of Labor appears to be in violation of the Immigration and Nationality Act at 212(n)(1)(G)(ii) which states "unless the Secretary finds that the application is incomplete or obviously inaccurate, the Secretary shall provide the certification...within 7 days of the date of the filing of the application." It would also seem to be in violation of its own regulation at 20 CFR 655.740 which states, "the Certifying Officer shall make a determination to certify or not certify the labor condition application within 7 working days of the date the application is received and date-stamped by the Department." We hope this data from the users of the DOL Faxback system can help the DOL monitor and assess how well it is functioning. Anyone who would like to report processing times may send the information to

Tip of the Day

Case Tracking: Resending the Password to Your Client

While using ILW.COM's case tracking software, if your client never received or misplaced their user name and password you must resend it to them. Here's how:

  1. Go to the profile screen for the client (alien or employer).
  2. Ensure the e-mail address is accurate and update it if necessary.
  3. Make sure the "Disable access" box is off (not checked).
  4. Delete all the asterisks (***) from the password field and type in a new password (preferably a random combination of letters & numbers). You don't have to remember this & your client can change it.
  5. Hit the update profile button. Your client will immediately receive an e-mail with their new username and password.

Not using case tracking yet? Join the dozens of attorneys who are. Write to for a free phone training session.

ILW.COM Featured Article of the Day

The ABCs of Immigration - Consular Processing Versus Adjustment of Status
Greg Siskind and Amy Ballentine explain the difference between consular processing and adjustment of status and how to choose between the two.

Federal Register News of the Day

Census Bureau Director's Recommendation and Report of Tabulations of Population
The Census Bureau has issued a notice that provides recommendations and an analysis on methodologies that may be used in making the tabulations of population reported to states and localities. The Bureau has reexamined certain components and created an alternative set of estimates that allows for additional undocumented immigration in the 1990s. The alternative set estimates a net undercount of 900,000 individuals which implies that the 2000 Census undercounted the population by 0.3 percent.

Request for Grant Proposals to Promote Women's Leadership and Disability Issues
The Bureau of Educational and Cultural Affairs has announced a Small Grants Competition for J-1 programs designed to promote Women's Leadership and Disability Issues in Latin America, the Caribbean and the Middle East.

Extension of Comment Request for Generic Clearance of Customer Service Surveys
The INS has extended the period for comment requests on the Generic Clearance of Customer Service Surveys until April 9, 2001.

Cases of the Day

No Review for Execution of Removal Order
In Foster v. Townsley, No. 00-30467 (5th Cir. Mar. 8, 2001), the court found that it precluded from reviewing the INS's execution of a removal order while Petitioner's case was pending at the Board of Immigration Appeals (BIA).

Proceedings Commence When Charging Document Filed with Immigration Court
[You will need Acrobat to read this file]
The court in Asad v. Reno, No. 99-6507 (6th Cir. Mar. 8, 2001), held that under a plain reading of the regulations deportation proceedings commenced when the charging document was filed with the Immigration Court and rejected the argument that proceedings commenced when the Order to Show Cause was served on the alien because a the time the alien was first served he would not have been eligible for the relief he was requesting.

INS Does not Have to Agree to Motion to Reopen
In Aguilera v. Kirkpatrick, No. 00-4008 (10th Cir. Mar. 7, 2001), the court held that the regulation providing for an exception to the time limit for fling a motion to reopen where it is "agreed upon by all parties and jointly filed," does not create a liberty interest and because it lacks criteria or standards limiting official discretion, the government has unfettered discretion to deny the requested relief for no reason at all.

INS News of the Day

Justice Department Seeks Deportation of Former Nazi Concentration Camp Guard
The Department of Justice has asked a federal immigration court in St. Louis to deport a Missouri man for participating in the persecution of Jews and other civilians while serving during World War II as an SS guard at a Nazi concentration camp and at a Nazi-created Jewish ghetto.

Immigration News of the Day

Border Agents: Tunnel System Infested With Smugglers
The San Diego Union Tribune reports that in the past six years, the US Border Patrol has discovered that there is an extensive sewer system which links the Arizona border town to Nogales, Mexico, that is controlled by criminals who use it to move their illegal shipments of people and drugs.

ILW.COM Chats and Discussions of the Day

Chat with Margaret Stock
Margaret Stock will answer question on all aspects of immigration law on Friday, March 9, 2001, at 9:00 p.m. Eastern (New York) time. Questions will be accepted starting 15 minutes before the beginning of the chat.

Letters to the Editor

Editor's Note: Following are responses to our request that people submit information on processing times to

Dear Editor:

I am having the same problems with the new LCA forms. I have not had a response for any of my applications that I submitted over a month ago. In addition, it is impossible to get through to the LCA hotline to obtain an answer to my questions about my LCA processing times. I was told that the computer system crashed for about a week in February and this is why no one has heard back from the ETA.

Attorney Ann Pittman

Dear Editor:

I submitted an ETA 9035 on the fax line February 6 and have had no response.

DeAnn Hilmoe
Software Engineer, BPro Inc

Dear Editor:

Not even one got back since Feb. 5th. Advocacy please!

Vivian Wang, Esq.

Dear Editor:

Here is our timeline for the K-1 Visa using the California Service Center and the US Consulate in Paris:

8/5/00 - Mailed completed I-129F to California Service Center
8/7/00 - Service Center received I-129F
8/24/00 - Receipt Notice received from INS
9/21/00 - Request for Additional Evidence received from INS (photographs, airline ticket receipts, circumstance of meeting)
9/22/00 - Mailed Additional Evidence to INS
12/6/00 - I-129F approved
12/8/00 - Received Notice of Approval (approved petition being forwarded to US consulate in Paris)
12/19/00 - Approved I-129F placed in diplomatic pouch
1/22/01 - Fiance goes to consulate to find out if diplomatic pouch arrived. It hasn't, but they give him Packet 3 to fill out.
2/14/01 - Packet 3 forms sent to consulate
3/1/01 - Received interview appointment date of 3/7/01 at consulate and names of authorized doctors for medical.
3/3/01 - Fiance has vaccinations done (MMR, DPT and Hepatitis B)
3/5/01 - Fiance has medical examination
3/6/01 - Fiance picks up results of blood test
3/7/01 - Interview and K-1 visa received!!!

He will arrive in the US April 11th and we will be married July 7th!

Hope this helps!
Stephanie and Luc

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

Fragomen, Del Rey, Bernsen & Loewy, is the largest law firm in the country practicing exclusively in the area of immigration and nationality law. In order meet the demands of our growing business, the firm is actively recruiting for experienced paralegals in its NEW YORK, NEW JERSEY, STAMFORD and CHICAGO offices. The ideal candidate has business immigration experience or a human resources background dealing with immigration issues. Must have excellent verbal and written communication skills and be able to perform multiple tasks in a fast-paced environment. The firm offers superior salaries and exceptional growth opportunities. Please submit cover letter and resume to Anne-Rose van den Bossche, Esq., Fragomen, Del Rey, Bernsen, & Loewy, 515 Madison Ave, New York, NY 10022 or fax 212-223-8757

There will be a New Jersey Institute for Continuing Legal Education (ICLE) Seminar that will be run in conjunction with AILA on Tuesday March 13, 2001 from 9:00 a.m. to 5:00 p.m. at the Gateway Hilton in Newark, New Jersey. For details click here. [You will need Acrobat to read this file]

2001 AILA Annual Conference on Immigration Law June 20-24, 2001, Marriott Copley Place & Westin Copley Place Boston, Massachusetts. The Preeminent Law Symposium on Immigration and Nationality Law With an expert faculty and cutting edge programs, the AILA Annual Conference is an unbeatable continuing legal education symposium in terms of scope and value. This event brings together thousands of immigration law practitioners, leading immigration law experts, government officials, and other legal professionals from around the country. Participants spend three and one-half days attending educational sessions and workshops focusing on the latest developments and issues in immigration and nationality law. Attendees can develop their own individualized CLE conference by choosing courses from a wide variety of programs: Core Curriculum, Substantive Practice, Special Mini Tracks, Mock Hearings and Interviews, Litigation Skills Training, Practice Roundtables and Government Agency Open Forums. For detailed program information, and registration forms, please visit the conference portion of the AILA Web site at American Immigration Lawyers Association 918 F Street, NW Washington, DC 20004 Tel: (202) 216-2400 Fax: (202) 371-9449 Contact: Conference Department 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.
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