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Immigration Daily
Arthur L. Zabenko, Esq., Legal Editor
Nina Manchanda, Esq., Assistant Legal Editor
Marc Ellis, Esq., Chat Transcripts Editor
May 7, 2001
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Editor's Comments of the Day

The INS has issued its Monthly Statistical Report for the month of February 2001. The report contains useful graphs showing trends over the past two years. After reaching a high last summer, the total number of inspections has fallen over the past few months. The number of applications for immigration benefits has fallen, along with the number of applications approved and the number of cases pending. Applications for naturalization benefits have risen. The fall off in admissions and applications for benefits may be a symptom of a fall off in the economy, and may give the INS an opportunity to make some progress in reducing processing times.

Southwest border apprehensions have more than doubled under the Bush Administration. The number of removals fell approximately 10% between January and February. It remains to be seen whether an emphasis on enforcement by the Border Patrol rather than the Immigration Courts will continue once a new INS Commissioner is installed.

The processing times for the Nebraska and Texas Service Centers have been updated.

Tip of the Day

Randomization of Find a Lawyer Results

Until this week all the attorney listings on ILW.COM's Find a Lawyer page were arranged in a static sequence. This led to some attorneys consistently appearing before others in the directory listing. Some attorneys were consistently receiving many e-mail responses while others received none. We have introduced a feature called randomization in our search engine results for Find a Lawyer. Randomization arranges all the attorneys in our directory listing in a dynamic sequence so that the results from the same search will vary from day to day. This randomization feature will help spread e-mail inquiries and referrals among all the attorneys in our directory listing. The advantage to our site users looking for attorneys is that all the attorneys in our directory listing will be equally visible.

ILW.COM Featured Article of the Day

The ABCs of Immigration - Grounds for Asylum and Refuge
Greg Siskind and Amy Ballentine discuss the five grounds for asylum and refuge: race, religion, nationality, membership in a particular social group, or political opinion.

Federal Register News of the Day

Comment Request on Application to Adjust Status from Temporary to Permanent Resident
Comments on the I-698, Application to Adjust Status from temporary to Permanent Resident, will be accepted until June 3, 2001.

INS News of the Day

INS FY 2001 February Statistical Report
The INS has issued its Monthly Statistical Report for the month of February 2001, including specific information on inspections, Southwest border apprehensions, immigration benefits, naturalization benefits, removals, investigations and asylum.

TPS Extended for Nicaragua and Honduras
To assist countries affected by Hurricane Mitch, the INS announced the extension of Temporary Protected Status (TPS) for Honduras and Nicaragua for a period of 12 months until July 5, 2002.

Office of Internal Audit 2000 Annual Report to the Commissioner
The INS Office of Internal Audit has issued its Annual Report to the Commissioner which provides an overview of INS responsibilities and Calendar Year 2000 accomplishments.

Immigration News of the Day

US Asylum Policy Criticized
The New York Times [registration required] reports on the testimony of refugees before a Senate subcommittee on the fallout from changes made to asylum procedures when Congress overhauled immigration laws in 1996. The refugees testified that asylum seekers are being harassed, intimidated, taunted, denied translators and then jailed for months and sometimes years because of the law.

ILW.COM Chats and Discussions of the Day

Chat with Barry Lieber
Barry Lieber will answer questions on all aspects of immigration law on Monday, May 7, 2001, at 9:00 p.m. Eastern (New York) time. Questions will be accepted starting 15 minutes before the beginning of the chat.

This Day in Immigration

From May 5, 2000

"EB-2 Education and Experience Requirements Cyrus D. Mehta, Esq., comments on the long awaited and recently released guidance from the INS on the education and experience requirements for EB-2 petitions. "

The ILW.COM archive of immigration information is 20,000 pages and continually growing. To search the archive by date, click here, or search by entering a keyword:

Letters to the Editor

Dear Editor:

I'd like to share with you my comment on the INSs irresponsible delay in issuing its official interpretation on the I-485 filer's change of employers after 180 days of filing I-485, which has indeed put tens of thousands of lives in limbo, including mine.

All immigrants, past and present, come to this country in pursuit of pretty much the same fundamental goals and values--freedom, equal opportunity, and economic prosperity. But none of these can be achieved if the current system exits and persists to restrict the portability of us skilled immigrant professionals. Even back in our home countries, job mobility and portability are routine practices. It is now time to root out this vice by the letter of and in the true spirit of the AC 21. Here's the fundamental question on section 106 of AC 21:

AC21 says that a petition for an individual whose application for adjustment of status has been filed and remained unadjudicated for 180 days or more "shall remain valid with respect to a new job." That means that the original underlying petition (I-140) will continue to be valid as long as he is still employed in the same job category that underlies his original petition regardless of what happens to the original I-485, whether its later denied or the sponsor goes bankrupt or even the employer withdraws the petition after 180 days of filing I-485 (for whatever reasons, valid or ill-conceived). In other words, this alien beneficiary will NOT need to start the long and painful process all over again even if something goes wrong with the original I-485 (denied, withdrawn, or employer going bankrupt). His approved I-140 status will be protected/preserved and his case will proceed uninterrupted with the still valid I-140 petition under AC21 based on and with respect to the new employment in the same job category. Isnt that supposed to be the literal, truthful and responsible interpretation of the AC 21 yet to be released? The INS is not supposed to change or misinterpret the law without being challenged by the immigrant community in legal processes, is it? Then, what is holding the INS back from issuing its interpretation on this section of the law?

I may have misunderstood this portability section myself, in which case I really wish to see some enlightening discussion on this law at this urgent juncture.

With regards,
Donald Du

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 to 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 212-750-1121

On Friday May 18, 2001, the Philadelphia Chapter of the American Immigration Lawyers Association will host "It Takes a Lawyer: Representation of Families in Nonimmigrant and Immigrant Visa Proceedings Before the INS, State Department and Immigration Court" Topics to be covered include Ethics, Nonimmigrant Visas for Family Members, Waivers, Litigating Family Based Immigration Issues, Affidavits of Support, Consular Processing, VAWA issues and Bona Fide Marriages. For registration information, please call Valentine Brown at 856-384-9902.

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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