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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
May 14, 2001
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Editor's Comments of the Day

A recent memorandum from the Executive Associate Commissioner, Office of Field Operations states instructs field offices "not to initiate removal proceedings against an alien who is eligible for adjustment under 245(i) if such action is based solely on the filing of an immigrant petition, labor certification application, or application for adjustment of status filed by, or on behalf of, that alien on or after the date of this memorandum seeking to legalize the alien's status under section 245(i)." The memo is dated April 27, 2001. Read literally the memorandum, (besides purporting to legalize an alien) applies only to aliens who are 245(i) beneficiaries based on petitions filed during the last four days of the eligibility window, one of which was a Sunday. Cleveland attorney Karen Meade succeeded in getting the INS to terminate removal proceedings which had been initiated based on filings to preserve eligibility for 245(i). We hope the INS will follow this policy and the spirit, rather than the letter, of the memo.

The employment, family and diversity lottery visa bulletin dates, and the Vermont Service Center processing times have been updated.

Tip of the Day

Classifieds on ILW.COM

ILW.COM as the hub for the exchange of immigration information provides a unique forum for immigration jobs. With almost 6,000 people who are interested in immigration law subscribing to the e-mail version of Immigration Daily, ILW.COM are in a unique position to help employers and employees meet. Unlike print media which requires days or weeks to prepare and distribute, we can get your message out with Internet speed. We will also carry for no charge announcements of immigration related events. ILW.COM does not have the facility to relay messages or provide blind boxes, but there are many sites, such as Hotmail and Yahoo, which allow you to establish an e-mail account and retain your anonymity.

In the Classifieds section we carry ads from employers looking to fill immigration related positions. We will also carry notices from employees seeking immigration related jobs. We have had a request from an employer searching for a lawyer for some specialized immigration advice. We also carry, for no charge, notices of immigration related events such as the seminar announcement in today's issue. If you want to place an ad, want information about placing an ad, want to make a suggestion about what we should carry or simply have a question about whether or not we will carry an item please contact us at

ILW.COM Featured Article of the Day

The ABCs of Immigration - Department of State Publishes Regulations Covering New V Visa and K Visa Categories
Greg Siskind and Amy Ballentine write about the Department of State interim rule regarding the procedures for processing visas under the new V visa and K visa categories created by the Legal Immigration Family Equity (LIFE) Act.

Cases of the Day

INS Subject to Subpoena in Denial of Asylum
[You will need Acrobat to read this file]
In Kaur v. INS, No. 99-70395 (9th Cir. May 11, 2001), the court agreed with the Petitioner that the Immigration Judge ("IJ") erred when he denied a request for a subpoena requiring the INS to produce resource materials an asylum officer consulted in evaluating the asylum application. The court has amended its January 24, 2001, opinion and denied the INS's Petition for panel rehearing.

Congressional News of the Day

Senators Statements on Immigration Bills
Statements by Senators on S. 862, a bill to authorize appropriations for fiscal years 2002 through 2006 to carry out the State Criminal Alien Assistance Program, and S. 864, a bill to provide that aliens who commit acts of torture, extrajudicial killings, or other specified atrocities abroad are inadmissible and removable.

Consideration of Foreign Relations Act
H.R. 1646 to authorize appropriations for the Department of State for fiscal years 2002 and 2003, includes provisions for the issuance of immigrant visas in Equatorial Guinea, denial of visas to persons supporting Colombian insurgent and paramilitary groups, and policy regarding the involuntary return of refugees.

INS Oversight Hearing
The House Subcommittee on Immigration and Claims is scheduled to hold an oversight hearing on the "INS and the Executive Office for Immigration Review" on May 15, 2001, at 2:00 p.m.

Brownback Statement on Anti-Immigration Ads
In a press release Sen. Brownback said, "there have been a number of anti-immigration ads running in Kansas. I find these ads misleading, wrong, and distasteful. The ads and the feelings that are behind them make valued members of our state feel unwelcome. This is unacceptable. These ads must stop."

Immigration News of the Day

Debate Heats up on Guest Worker Plans with Mexico
The Arizona Republic reports that Texas Sen. Phil Gramm and Rep. Silvestre Reyes squared off battle over conflicting proposals for guest worker programs intended to legalize millions of immigrants who entered the country illegally.

ILW.COM Chats and Discussions of the Day

Chat with Mark Kalish
Mark Kalish will answer question on all aspects of immigration law on Monday, May 14, 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 12, 2000

"Thanks you. In less than two weeks the number of subscribers to Immigration Daily has reached more than 1,000. Keep reading the Daily and checking often as we are constantly updating and improving the site. Please let us know what you have seen so far that you like, what you do not like or what you have not seen, but would like to. We encourage letters to the editor on all immigration related matters. We invite the submission of articles on matters of immigration law and immigration related correspondence from government agencies. Exchanging information can help all of us understand a little better how the INS works and how it does not. ILW.COM is your platform for the exchange of information. Write to"

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:

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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