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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
April 3, 2001
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Editor's Comments of the Day

Following are the most read articles from the ILW.COM site for the month of March:

  1. No-Benching Rule for H-1B Employers by Cyrus D. Mehta
  2. 245(i) for Dummies by Curtis Pierce
  3. Updated INS Memo on 245(i) from the INS Office of Business Liaison
  4. Reforming Immigration: Helping Meet America's Need for a Skilled Workforce from the Committee for Economic Development
  5. INS Communique Magazine, and
  6. The Nuts and Bolts of 245(i) by Brian D. Lerner

The hot topics for the month of March were H-1Bs and the soon-to-expire section 245(i). We hope that you continue to find information of interest and of use on ILW.COM.

Tip of the Day

Visa Kits

ILW.COM has recently introduced the sale of visa kits on the site. 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.

ILW.COM Featured Article of the Day

The Canadian Option and Problem of H-1B Layoffs
Canadian immigration attorney Catherine Kerr writes about options for H-1B holders who find themselves out of work. Ms. Kerr will give a special chat on Canadian immigration law on Wednesday, March 11, 2001, at 9:00 p.m. Eastern (New York) time.

Cases of the Day

Indecent Assault Can Be Sexual Abuse of a Minor
[You will need Acrobat to read this file]
In Emile v. INS, No. 99-2187 (1st Cir. Mar. 30, 2001), the court found that a conviction under state law for "indecent assault and battery on a child," could be deemed a conviction for "sexual abuse of a minor," for purposes of immigration law, and that since deportation is a civil matter, it was not a violation of due process to rely on the police report of Petitioner's conduct.

Refusal to Join Rebels Not a Political Opinion
[You will need Acrobat to read this file]
The court in Velasquez-Valencia v. INS, No. 00-1551 (1st Cir. Mar. 30, 2001), upheld the Immigration Judge and the Board of Immigration Appeals (BIA) in finding that a Guatemalan's fear of persecution for refusing to join the rebel army was not on account of political opinion.

Supplemental Definitions For Encouraging and Inducing and Alien to Enter
The court in US v. He, No. 00-2574 (7th Cir. Apr. 2, 2001), found that a supplemental instruction to the jury on the definitions of "encouraging" an "inducing" and alien to enter the US did not constructively amend the indictment.

INS Not Bound by Promise to Deport
In Cortez-Felipe v. INS, No. 99-70541 (9th Cir. Apr. 2, 2001), the court found that the INS could place Petitioner in removal proceedings despite an oral assurance from INS that an Order to Show Cause would be filed before April 1, 1997, making Petitioner eligible for the more lenient deportation proceedings.

INS News of the Day

INS Developing Regulations for New "V" Nonimmigrant Status
The INS has announced that people eligible for "V" status living in the US must wait until INS publishes regulations in the Federal Register to apply for the visa and work authorization. The agency expects to have regulations published by May 2001 providing an application form and establishing filing procedures. The Department of State has begun processing "V" nonimmigrant visas for eligible people living abroad.

DOS News of the Day

State Department Starts Issuing V Visas
The State Department's overseas consular posts started issuing new "V" category visas on April 1, 2001. Those eligible to certain spouses and minor children of green card holders in the US.

Immigration News of the Day

Mexico Seeks US Shift In Immigration Policy
The Washington Post reports that the new Mexican government plans to urge the Bush administration to change US immigration policy to allow far more Mexicans to enter the US legally and give a new legal status to those now working there illegally.

Letters to the Editor

Dear Editor:

I read with disbelief that the INS has received no public comment in reference to the usage of the I-131 Application for a Travel Document form. In my opinion, the single use form creates a huge pile of paperwork and serves no purpose except to extract $95 out of each applicant based on an unreasonable probability that holders may want keep their immigration status valid. The use of the word parole on the document says it all. By all means get rid of this document as well and replace it with some freely available technology, like a bar-coded or magnetic-strip EAD plastic cards allowing immigrants to leave and return to the United States at their leisure as many times as they wish. The card would serve as a EAD, a travel ID, and reduce a huge workload in immigration offices and expunge the house arrest syndrome that goes with applying for a present I-131. Bar-code or magnetic readers are not expensive and no doubt would produce much sought after cost savings in the short term as well as produce secure statistics for Congress and INS. The I-94 fiasco could be similarly contained with such cost saving technology.

Neil Reed

Dear Editor:

I thought you may be interested in knowing that I faxed an LCA for certification on March 27, 2001, and have just received it back, by fax, certified!

Malathi Benjamin

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

Prominent New York City immigration law firm with interesting and diverse practice seeks paralegal for handling business, family and litigation matters. Candidates must have excellent writing and organization skills as well as an interest in all aspects of immigration law, including advocacy. Prior immigration experience preferred. Send a resume and cover letter to: Cyrus D. Mehta, Esq., 1170 Broadway, Suite 607, New York, NY 10001. Fax: 212-686-2665.

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 212-223-875

The Florence Project seeks a staff attorney to work directly with clients on a daily basis providing information and orientation, conducting interviews and preparing individuals for their hearings before an immigration judge. S/he will transcend the traditional attorney-client relationship by conducting a) "rights presentations" to detained people on their rights and remedies in removal proceedings; b) individual counseling and self-representation workshops for clients; and c) limited direct representation of clients. Please mail or fax a cover letter, a resume with three references and a writing sample to the Florence Immigrant and Refugee Rights Project, Inc. c/o Elizabeth Dallam, Executive Director. FLORENCE IMMIGRANT AND REFUGEE RIGHTS PROJECT, INC., 300 South Main Street, P.O. Box 654, Florence, AZ 85232, (520) 868-0191 Ex. 4, FAX (520) 868-0192. For details click here.

New York City Bar to Offer Free Advice to Immigrants Who May Lose Out on Green Card Opportunity Looming Deadline Means Immigrants Risk Exclusion from the US for up to 10 years. To assist residents, the Association will offer two sessions; on April 4th from 7 to 9 p.m., experienced immigration attorneys from the Bar, will offer free legal information to immigrants interested in applying for visas. On April 14th from 9 a.m. to 5 p.m., the Association will host an all-day workshop at which law students and lawyers will assist residents who qualify to apply for family-based visas. For details, click here.

The Practising Law Institute, a not-for-profit Continuing Legal Education Organization offers a program on Basic Immigration Law at PLI Conference Center, 810 Seventh Avenue at 53rd Street, 20th floor, New York City on Tuesday, May 1, 2001, from 9:00 a.m. - 5:00 p.m. For details click here.

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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