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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 16, 2001
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Editor's Comments of the Day

The ETA-9035 (LCA) form on the ILW.COM and DOL sites was an unoptimized Acrobat PDF file. This accounted for its massive download size of 830K. The technology team at ILW.COM ran the form through Acrobat to optimize it and the size dropped to 124K, less than a quarter of its former size! There is no loss of information in this process. You should be able to download the form more quickly than before, especially those surfing with 56K modems.

ILW.COM will soon release IFillForms - immigration fillable forms on line. You will be able to complete forms and save them securely online. With the flexibility of the internet, you will not have to wait to receive a CD-ROM for access to the most up-to-date the forms available. IFillForms gives you access to the forms anytime and anyplace an internet connection is available. To keep informed about IFillForms write to

Tip of the Day

Problems Entering the ILW.COM Chat Room or Discussion Board

Many site users have complained that they are unable to get into the Chat Room to chat with an attorney and use the 24-hour public chat or the Discussion Board to post or reply to an immigration question. Site users will not be able to enter the chat room or discussion board if they do not have a recent computer (Pentium 90 MHz) and a recent browser such as Netscape 3, 4 and Explorer 4 or 5. ILW.COM offers many secure services for which it is essential to have a 128-bit encryption that only the recent browser versions offer. Users can easily download a free copy of the latest browser version at .

Site users will not be able to enter the chat room or discussion board if they are coming through a proxy server. Both programs are running on Port:83, which is a non-default port and many ISPs (Internet Service Provider) do not permit their clients to log onto a non-default port. In order to confirm this, users must try accessing If they are unable to do so, then users must contact their ISPs if they are accessing the chat room or discussion board from home or contact their Network Administrator if they are accessing the chat room or discussion board from work.

The final possibility that the users are unable to access a chat would be if they have a bug on their system. In order to detect the virus they must run a virus scan program or contact someone who can help them in this matter

ILW.COM Featured Article of the Day

The ABCs of Immigration - Q-1 Visas for International Cultural Exchange Visitors
Greg Siskind and Amy Ballentine write about the Q-1 nonimmigrant visa for foreign nationals who are coming to the US to participate in an international cultural exchange program.

Cases of the Day

Increased Sentence for Death of Alien
In US v. Herrera-Rojas, No. 99-50688 (9th Cir. Mar. 15, 2001), the court found that in enhancing a sentencing for alien smuggling for "recklessly or intentionally creating a serious risk of bodily harm or death," it does not matter if the smuggler faces the same risk as the alien.

Retroactive Stop-Time Rule Upheld
The court in Ram v. INS, No., 99-70918 (9th Cir. Mar. 15, 2001), held that the stop-time rule applies generally to transitional rule aliens seeking suspension of deportation; this application of the stop-time rule is not impermissibly retroactive and does not violate due process; IIRIRA exemption of certain aliens from the stop-time rule based on national origin does not violate equal protection; and in calculating the continuous physical presence requirement, time accumulated after service of an OSC cannot be considered. The court has amended its decision of February 8, 2001.

Immigration Judge Cannot Apply Rule Before it is in Effect
The court in Guadalupe-Cruz v. INS, No. 99-70754 (9th Cir. Mar. 15, 2001), found that the Immigration Judge ("IJ") erred in applying IIRIRA's stop-time rules four days before the effective date of IIRIRA. The court has amended its decision of February 27,2001.

Congressional News of the Day

Reintroduction of Spousal Reunification Act
In his address to the House Rep. Pallone requested his colleagues to support legislation that would permit the admission into the US of nonimmigrant visitors who are the spouses and children of permanent resident aliens residing and working in this country.

Private Immigration and Private Claims Bills
The Committee on the Judiciary, Subcommittee on Immigration and Claims, met on March 14th and approved for full Committee action a private claims bill. Prior to this action, the Subcommittee adopted Rules of Procedure for private immigration bills and private claims bills and policy on Federal Charters.

Immigration Legislation Introduced in House
H.R. 1028, a bill to amend the Immigration and Nationality Act to permit the admission to the US of nonimmigrant students and visitors who are the spouses and children of US permanent resident aliens, was introduced in the House and referred to the House Committee on the Judiciary.

Immigration News of the Day

Stranded Between Love and Country
The Los Angeles Times reports that since binational gay couples can't marry to gain US citizenship, some stay illegally or pressure their mates to emigrate. Some activists believe the problem is likely to grow as technology is progressing and breaking down geographical barriers making it easier and less expensive to communicate and travel internationally.

ILW.COM Chats and Discussions of the Day

Chat with Glenn Martin Miller
Glenn Martin Miller will answer questions on all aspects of immigration law on Friday, March 16, 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

Dear Editor:

I am a US citizen and have applied for green card for my parents. My application was received by INS on June 19, 2000, and still there is no answer. I have contacted INS and the recording says these I-130 forms will take 850 days to process. I called INS and they told me that all I-130 applications are on hold because of budget problems. They have processed the cases up to 06/06/00 and nothing has been done since November for these cases.

Please publish my letter and maybe there are many people like me. Maybe we could write to INS to speed up the process.


Editor's Note: We encourage correspondence on processing times at

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

PAPER RELEASE: "Reforming Immigration: Helping Meet America's Need for a Skilled Workforce"
On March 21, the Committee for Economic Development (CED) will release "Reforming Immigration: Helping Meet America's Need for a Skilled Workforce." Senator Sam Brownback (R-KS) will give the luncheon's keynote address at the National Press Club. Project co-chairs Christopher D. Earl, Managing Director of Perseus Capital, and H.V. Jones, Office Managing Director of Korn/Ferry International, will present the report's findings and recommendations, which was directed by B. Lindsay Lowell of Georgetown University. For more information, see "Events" at

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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