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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 13, 2001
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Editor's Comments of the Day

Visa kits are here. The kits available are Student Visa (F-1), Temporary Employment in the US (H-1B), Fianc (e) Visa (K-1), Residence via Marriage to US Citizen/Resident, Residence via Family Relationship, Residence via Exceptional ability or National Interest Waiver, American Citizenship. For each visa type the kit covers the eligibility requirements, the application process and the documentation needed. All include examples of the required forms. These kits are informational guides only. The fast pace of legislation coming from congress, coupled with shifting interpretations by government agencies make it impossible for the publishers of these materials to keep them current. Do expect these kits to allow you to gather the documentation your lawyer will need so he can prepare your case expeditiously. Do expect them to provide information so you can ask questions to determine if a particular lawyer is the right one to handle your case. Do expect them to provide copies of the forms which will need to be filed. Do not expect these kits to substitute for the advice of an attorney. Attorneys, order these kits as an educational tool for your clients. Visa seekers, order these kits to become educated consumers of legal services. Order today and make use of these visa kits.

Tip of the Day

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ILW.COM Featured Article of the Day

Chapter 12 - R Visas: Religous Workers
In Chapter 12 of Handbook of Immigration Law Mark A. Ivener writes about R visas for religious workers.

Cases of the Day

Firm Resettlement Means Permanent Resettlement
In Abdille v. Ashcroft, No. 00-1659 (3rd Cir. Mar. 7, 2001), the court concluded that in asylum cases the prime factor in determining firm resettlement is the existence of an offer of permanent resident status, citizenship of some other type of permanent resettlement, and rejected the "totality of the alien's circumstances" approach.

No Jurisdiction Over Petitions for Review
The court in Liang v. INS, No. 99-5053 (Mar. 9, 2001), determined that under the IIRIRA permanent rules it lacked jurisdiction over petitions to review orders of removal from aliens "removable by reason of having committed a [specified] criminal offense."

Persecution on Account of Imputed Political Opinion Leads to Asylum
In Agbuya v. INS, No. 98-70965 (9th Cir. Mar. 12, 2001), the 9th Circuit found that despite petitioner never having stated a political opinion, she suffered persecution on account of her political opinion imputed by her persecutors. The court has amended its opinion originally issued July 18, 2000.

Immigration News of the Day

Inn Trouble - Unions Shape New Immigrant Strategy
The LA Weekly reports that in the last two years, unions have done an about-face on immigration and the old political rules and alliances that limited the possibility for immigration reform have changed.

Letters to the Editor

Dear Editor:

We almost never see successful case report for deportation defense. Does this mean it never happen? If some deportation defense do succeed, where can we see the case report?


Editor's Note: IWL.COM encourages the submission of immigration cases to

Dear Editor:

An interesting news bite appeared in the U.S. Visa News Headlines at for March 6th. Cristina Boullon reports that, this month, US Senator Byron Dorgan, a Democrat from North Dakota, will introduce the "21st Century Homesteading Act" that would make North Dakota and five other states beta test sites for a pilot project to get 5,000 special immigrant visas for people with advanced computer expertise. Though, at first, the proposal would only have covered North Dakota, Alaska and Mississippi, Sen. Dorgan has apparently widened it to include Texas, Florida and South Dakota.

In North Dakota, the nine counties that Sen.Dorgan had in mind have lost more than 40% of their population since 1960. They hope to reverse the trend by creating high-tech centers in each country with 500 visas per location. Ms. Boullon reports that $6 million has already been set aside as seed money for this innovative concept.

This is not the first time that politicians in the Rust Belt have turned to immigration to reverse the demographics of falling birth rates and a stubbornly stagnant economy. Previously, the Governor of Iowa wanted to create an immigration enterprise zone in his state for the same reason. While the INS continues to think of immigration as a political problem to be curbed, the leaders back home have already realized that it can provide the influx of workers necessary to sustain their states as more and more native workers retire with no one to take their place, all this at a time when social security benefits are becoming both more complete and more expensive. Who is there going to be to pay the bills?

The next Commissioner of the INS has to consciously work with the states and the Congress to use employment based immigration as a way to deal with the problem. Indeed, there is none other.

Gary E. Endelman
Immigration Attorney

Editor's Note: Mr. Endelman has previously written on the issue of immigration and an aging population in his article Immigration and the Graying of America.

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

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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