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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 22, 2001
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Editor's Comments of the Day

At 4:27 p.m. the House ended debate on H.R. 1885, a bill to extend the deadline for 245(i). As a recent thread on the discussion board notes, H.R. contains a confusing provision that the 245(i) extension will apply to aliens who can, "demonstrate() that the familial or employment relationship that is the basis of such petition for classification or application for labor certification existed on or before April 30, 2001." The "employment relationship" that is the basis for a labor certification is an intention on the part of the employer to employ the alien in the position at the time the alien gets a green card. Other than a labor certification being filed, what evidence would the INS accept as evidence of this intent on the part of the employer? To read the provision as requiring that the alien was working for the employer as of April 30, 2001, would be at odds with the INS's interpretation and application of the Act. This seemingly simple provision for the extension of 245(i) is an example of how the Act has grown into the confusing mass of law it is today - one complication at a time.

The text of H.R. 1892, the "Family Sponsor Immigration Act of 2001," is now available. The bill would provide for the acceptance of an affidavit of support from another eligible sponsor if the original sponsor has died and the Attorney General has determined for humanitarian reasons that the original sponsor's classification petition should not be revoked.

Tip of the Day

Immigration Information on ILW.COM

To make it easier for our site visitors to find the immigration information they need we have grouped it under four headings - Family, Employment, Visitors and General information. Each section includes INS and Attorney FAQs, relevant articles, the visa bulletin and INS processing times. The Family section includes information on adoption, sponsoring family and marrying abroad. In the Employment section professionals can find information about H-1Bs and labor certifications and employers can find information on petitioning the INS for their employees and how to complete properly the I-9 Employment Verification form. Travelers and tourists will find information on how to extend their B-2 visas and exchange programs. The General immigration section includes information for students and topics such as deportation, naturalization and immigration policy. ILW.COM is a platform for the exchange of information. The Immigration Information section offers information for all your immigration needs.

ILW.COM Featured Article of the Day

Avoiding Deportation
Carl Shusterman explains seven types of relief possible for aliens found to be deportable or removeable.

Federal Register News of the Day

Request for Grant Proposals for Creative Arts J-1 Exchange Programs
The Cultural Programs Division of the Bureau of Educational and Cultural Affairs (ECA) announces an open competition for assistance awards for international Creative Arts J-1 Exchange Programs for Cultural Tourism in Africa; Performing Arts Presenters in East Asia and the Pacific; or Protecting Cultural Heritage: Film And Documentary Archives In Central Asia.

Cases of the Day

Exhaustion of Remedies Required Before Filing Habeas Petition
In Goonsuwan v. Ashcroft, No. 00-10349 (5th Cir. May 18, 2001), the court found that because Petitioner's claim of ineffective assistance of counsel had not been raised before the Board of Immigration Appeals (BIA), he had not exhausted his available administrative remedies and so the district court had no jurisdiction to hear his habeas petition.

Alien Subject to Mandatory Detention
[You will need Acrobat to read this file]
The Board of Immigration Appeals (BIA) in Matter of Rojas, 23 I & N Dec. 117 (BIA 2001) determined that a criminal alien who is released from criminal custody after the expiration of the Transition Period Custody Rules is subject to mandatory detention even if the alien is not immediately taken into custody by the INS when released from incarceration.

INS News of the Day

INS Second Quarter Statistical Report
The INS has issued its Statistical Report the the second quarter of FY2001 ending April 30, 2001. The report covers Inspections, Southwest Border Apprehensions, Immigration Benefits, Naturalization Benefits, Removals, Investigations and Asylum.

The Immigration of Adopted and Prospective Adoptive Children
The INS provides information on the Immigration of Adopted and Prospective Adoptive Children including Advanced Processing At A Glance: The Fastest Way, Orphan Processing At a Glance: The Other Way, Eligibility for Immigration Benefits as an Orphan, Basic Orphan Petition Procedures, Basic Orphan Petition Requirements, Overseas Orphan Investigation, Difficult Issues in Orphan Cases, Other Procedures Concerning Adoptive Relationships, U.S. Citizenship for a Foreign-Born Adopted Child, and appendices of Sections of Law and Regulations Relating to Orphan Petitions, Glossary/Definitions, Forms Used in Orphan Cases, and Links to useful websites. [Also available as a pdf file. Long download]

Immigration News of the Day

Bill Seeks to Legalize Immigrant Students
According to the Los Angeles Times, hoping to test what may be a new climate of compromise surrounding illegal immigration, US Rep. Howard Berman plans to introduce legislation to offer legal status to illegal-immigrant students who want to attend college.

This Day in Immigration

From May 22, 2000

"INS Holds First International Children's Adoption Conference May 9-11, 2000, the INS held its first International Children's Adoption Conference to provide an information forum for INS officers who deal with adoption cases in the United States and overseas and to exchange ideas with the adoption service community."

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:

Published on this website last year was a fascinating and timely memorandum from outgoing INS commissioner Doris Meissner informing all agency offices on the need to use "prosecutorial discretion." I am currently researching the uptake on this D.C memo and looking for cases where the INS or attorneys have used prosecutorial discretion to resolve any immigration conflicts, major or minor. Would any immigration attorney that has argued a pending case on the basis of this memo please e-mail me details or publish it here with ILW. The Meissner memo was designed to curb irrational prosecutions that are over-loading the judicial system. If you have not read it, get a copy of it for the sanity of you clients. My email address is: neilreed@hotmail.

With thanks,

Neil Reed

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

Proskauer Rose LLP seeks an experienced immigration paralegal for its dynamic Immigration Group. Based in Newark, NJ (a block from PATH and train station), we operate on a unique team system. If you enjoy client contact, a fast pace, brainstorming, and a diverse workload, you'll be happy here. We require a bachelor's degree, 3 years of business immigration experience, and excellent communication skills - oral and written. Salary DOE. Please submit cover letter, resume, and writing sample to Angela Houghton, fax (973) 274-3299, or e-mail

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

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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