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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 7, 2001
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Members of the ILW.COM team will attend the 2001 AILA Annual Conference on Immigration Law June 20-24, in Boston. Please stop by our booth in the exhibit area and let us know what you like, or do not like, about Immigration Daily, and anything else on the site. Members of the team will be demonstrating improvements to our case tracking software and IFillForms, and explaining our web hosting services. As we have said before immigration ultimately is not about laws, but about people. We look forward to meeting the people who make it happen. In the meantime, send you comments and suggestions to

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ILW.COM Featured Article

The Plight of H-1Bs During an Economic Downturn
Cyrus D. Mehta writes about the vulnerability of H-1B employees when the economy is slow.

Immigration News

Sentencing Guidelines Amended
The United States Sentencing Commission had promulgated temporary, emergency amendments, to the sentencing guidelines effective May 1, 2001, for offenses involving peonage and human trafficking including willful violations of the Migrant and Seasonal Agricultural Worker Protection Act.

Comment Requests on INS Forms
The INS requests comments on the AR-11, Alien Change of Address Card, I-95 Alien Crewman Landing Permit, I-246, Application for Stay of Deportation or Removal, I-363, Request to Enforce Affidavit of Financial Support and Intent to Petition for custody for Public Law 97-359 Amerasian and I-515, Notice to Student or Exchange Visitor.

Uniform Naturalization Law Made up of Differing State Laws
In Nehme v. INS, No. 00-60111 (5th Cir. June 5, 2001), the court held that a law providing for the automatic naturalization of a child under 18 upon the naturalization of a parent having legal custody where there has been a "legal separation of the parents" does not violate the Constitutional mandate of a uniform naturalization law even though what constitute a legal separation may differ in different states.

Denial of Medicaid to Aliens Unconstitutional
The New York Court of Appeals in Aliessa v. Novello, No. 73 (June 5, 2001), decided that denial of Medicaid benefits funded solely by the state on the basis of status as a legal alien violates both the US and New York State Constitutions.

EOIR and INS Lift Conditional Status for Certain Asylum Grants
The Executive Office for Immigration Review (EOIR) recently sent notices to aliens who had been granted asylum conditionally during the period from March 19, 1999, to August 4, 1999, based on their persecution or fear of persecution related to coercive population control in their countries of origin informing them that they are now eligible for all asylum benefits.

Immigration in the Press

Salvadorans' Requests to Stay Inundate INS
Newsday reports that the INS has been flooded with requests from Salvadorans seeking temporary stays in the US, far exceeding the agency's early estimates of the number who would apply.

This Day in Immigration

From June 7, 2000

"'Continuous Physical Presence' for Cancellation of Removal Under IIRIRA In Rivera-Jimenez v. INS No. 97-9513 (10th Cir., June 2, 2000), the 10th Circuit held that the BIA incorrectly used the prior INA "brief, casual and innocent," definition in determining continuous presence to find the petitioners' deportable after a two week absence from the US instead of applying the "any period in excess of 90 days or for any periods in the aggregate exceeding 180 days," definition provided in IIRIRA."

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:


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

INSTACASE.COM, the FREE online Legal Journal, provides headnoted case digests to the most recent case decisions. INSTACASE provides concise and comprehensive case summaries so you can evaluate each case quickly, with links directly to the full text of the case. INSTACASE also has a Daily Email Delivery service, iGest, which delivers to the headnoted summaries to your email every morning, keeping you up to date on changes in the law. Stay one step ahead.

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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