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Immigration Daily

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Immigration Daily
Arthur L. Zabenko, Esq., Legal Editor
Marc Ellis, Esq., Chat Transcripts Editor
June 6, 2001
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Editor's Comments

May's Most Visited Pages

  1. Letter from INS Web Manager
  2. INS Office of Business Liaison Bulletin on H-1B
  3. INS Memo on Initiation of Removal Proceedings
  4. How to Avoid Deportation by Carl Shusterman
  5. The ABCs of Immigration - Department of State Publishes Regulations Covering New V Visa and K Visa Categories by Greg Siskind and Amy Ballentine
The pdf version of the Office of Business Liaison H-1B Bulletin had over 13,000 downloads.

The full text with attachments of Michael A. Pearson's memorandum on Life Legalization Filings is now available. [Long download]

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

Adjustment of Status Under LIFE Legalization Provisions - Part 1
Alexander Nisengolts explains adjustment of status under the LIFE Act's legalization provisions.

Immigration News

Comment Request on ETA-9016
The Department of Labor requests comments on the ETA-9016 Report used to assess whether (and the extent to which) the requirements of the INS Systematic Alien Verification for Entitlement (SAVE) system are cost-effective and otherwise appropriate for the Unemployment Insurance (UI) program.

Standards for Asylum and CAT Differ
In Kamalthas v. INS, No. 99-71080 (9th Cir. June 5, 2001), the court found that when the Board of Immigration Appeals (BIA) denied a motion to reopen exclusion proceedings under the Convention Against Torture for a Petitioner who had previously been found to lack credibility in an asylum hearing, it impermissibly conflated the standards for granting relief in asylum and CAT cases.

Manslaughter a Crime of Violence
The court in Park v. INS, No. 97-71373 (9th Cir. June 6, 2001), determined that a conviction of involuntary manslaughter under California law is a crime of violence and aggravated felony for purposes of immigration law. The court has amended its opinion of March 6, 2001.

Immigration Benefits: Several Factors Impede Timeliness of Application Processing
A report to Congress from the General Accounting Office finds that despite substantial growth in budget and staff, the INS continues to have difficulty managing its application workload. [Long download]

Guidance on Syrian Adjustment Act
A recent memorandum from Michael D. Cronin, Acting Executive Associate Commissioner, Office of Programs, provides eligibility information and adjudication guidance under the Syrian Adjustment Act. [Long download]

US-Mexico Migration Talks
Meetings are scheduled for June 6 in San Antonio to discuss issues of safety on the border, and June 8 in Washington to continue the talks at the expert level that were begun on April 4.

Immigration in the Press

Cannon Seeks to Ease Restrictions For College-Minded Immigrants
The Salt Lake Tribune reports on H.R. 1918, the Student Adjustment Act, which would permit states to set their own residency requirements for college-minded undocumented immigrants making these students eligible for in-state tuition, and would allow immigrants in middle or high school who have good moral character, have applied to college and have lived in the United States for at least five years to avoid deportation and apply for permanent resident status.


Chat with Lynn Susser
Lynn Susser will answer questions on all aspects of immigration law on Wednesday, June 6, 2001, at 9:00 p.m. Eastern (New York) time. Questions will be accepted starting 15 minuted before the beginning of the chat.

This Day in Immigration

From June 6, 2000

"Last week we invited visitors to check the posting "Help, I'm married to an alien," on the discussion board. Sylvie, a US citizen, had married an alien and petitioned for him, but the marriage was not a happy one. She sought advice not so much on the relevant immigration law as she did on dealing with matters of the heart. Now, in a subsequent posting she thanks the viewers for their responses. Immigration laws prevent bright students from attending college. Immigration laws have led to an enforcement effort reaching the proportions of a military campaign on our Southwestern border. The law separates aliens from US citizen spouses and children for having committed some relatively minor offense long ago. Sylvie's request reminds us that law is only one facet of immigration. Ultimately it is not about the law, it is about peoples' lives."

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:

The premium processing fee is what we hoped for but what we may well later regret. The more the INS becomes fiscally self-sufficient, the less it will be amenable to the will of Congress. A Senator or Representative cares about votes; not so an INS bureaucrat who is immune from popular pressure for the simple reason that he or she never has to get re-elected. The real battle is between Congress and the federal agencies not between Congress and the immigration advocates. Beyond that, this premium fee divides the family groups from the business coalition and it is the former who make the most appealing public arguments on Capital Hill and in the media. Yes, we want quick decisions but, in the long run, we want a united front able to lobby Congress for a responsive administration of our immigration laws. As another example of back-door taxation, the premium processing fee is a step away from ALL of that. Is this what we really want?

Gary Endelman


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 ATLANTA, NEW YORK, NEW JERSEY,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 or

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

Saturday, June 30, 2001, 9:00 a.m. to 1:00 p.m. at DoubleTree Suites, Falls Conference Center, Mt. Laurel, NJ. A panel of experienced immigration lawyers and paralegals will explain how the administrative system operates and present the information you need to handle basic immigration matters. Youll also hear directly from several agency representatives about the procedures you need to follow when dealing with these agencies. 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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