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Immigration Daily
Arthur L. Zabenko, Esq., Legal Editor
Marc Ellis, Esq., Chat Transcripts Editor
June 12, 2001
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Editor's Comments

The Supreme Court in Nguyen v. INS, No. 99-2071 (June 11, 2001), held that a statute which imposes different requirements for a child's acquisition of citizenship from a parent depending on whether the citizen parent is the mother or the father is consistent with the constitutional guarantee of equal protection. The five to four majority opinion delivered by Justice Kennedy joined by Rehnquist, Stevens, Scalia and Thomas, noted that, "for gender-based classification to withstand equal protection scrutiny, it must be established at least that the [challenged] classification serves important governmental objectives and that the discriminatory means employed are substantially related to the achievements of those objectives." They found that the first government interest to be served is the important one of assuring that a biological parent-child relationship exists. The second interest furthered in a substantial manner is the determination to ensure that the child and the citizen parent have some demonstrated opportunity or potential to develop not just a relationship recognized by law, but one that consists of real, everyday ties between the child and parent. In light of its holding that there is no equal protection violation, the Court declined to address the argument that it did not have the power to confer citizenship on terms other than those specified by Congress. Justice Scalia joined by Justice Thomas in a concurring opinion stated specifically that the Court lacked the power to provide the requested relief-namely conferral of citizenship on a basis other than that prescribed by Congress.

Justice O'Connor, joined by Souter, Ginsburg and Breyer, described the majority's analysis as a deviation from the line of cases vigilantly applying heightened scrutiny to sex-based classifications.

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Be Careful of What You Wish For: The Hidden Meaning of Premium Processing Fees
Gary Endelman explores the dangers of the premium processing fee.

Immigration News

H-1C Regulations
The INS has issued an interim final rule to implement the Nursing Relief for Disadvantaged Areas Act of 1999 (NRDAA) by providing instruction on the filing and adjudication of petitions for H-1C classification.

J-1 Program Evaluation
The Department of State, Bureau of Educational and Cultural Affairs, is seeking Office of Management and Budget (OMB) approval for the information collection from US and foreign applicants, current grantee exchange visitor participants (J-1 visa) and alumni of the Bureau of Educational and Cultural Affairs' exchange programs, program administrators, domestic and foreign partner organizations, domestic and foreign hosts of exchange visitor participants, and other similar types of respondents associated with the Bureau's exchange programs.

Supreme Court Decision on Citizenship Rule
The Supreme Court in Nguyen v. INS, No. 99-2071 (June 11, 2001), held that a statute which imposes different requirements for a child's acquisition of citizenship from a parent depending on whether the citizen parent is the mother or the father is consistent with the constitutional guarantee of equal protection.

Possesion Does not Equal Attempt
In Sui v. INS, No. 00-4061 (2nd Cir. May 11, 2001), the court found that a possession of counterfeit securities with intent to deceive does not necessarily constitute an attempt to pass these securities and cause a loss, and so not an aggravated felony.

Rational Basis Test for Immigration Cases
The court in Kwon v. Comfort, No. 01-S-702 (D. Colo. May 2001), denied Petitioner's writ of habeas corpus noting that even where a fundamental right is arguably at stake, courts have applied the rational basis standard in the context of immigration cases.

INS Report on H-1B Numbers
The INS reports that as of May 23, 2001, approximately 117,000 H-1B workers had been approved against the 195,000 limit for FY 2001, and an estimated 40,000 cases are pending.

INS Management of Property
The text of the Office of the Inspector General's report on the INS Management of Property is now available.

Immigration in the Press

Hospitals Go Abroad To Fill Slots For Nurses
According to the Washington Post an acute shortage of health-care workers is driving Washington area hospitals overseas to recruit hundreds of nurses critical to patient care, in one case guaranteeing a private recruiter more than $1 million in fees to deliver 235 foreign nurses.

This Day in Immigration

From June 12, 2000

"BIA Rules that State Label of Burglary is not Automatically Burglary for Immigration Purposes In In re Perez Int. Dec. 3432 (BIA June 6, 2000), the BIA terminated removal proceedings finding that despite including the word burglary, the offense of burglary of a vehicle under the Texas Penal Code was not considered a "burglary offense" under federal law and thus was not an aggravated felony as defined in the INA."

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

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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