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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 13, 2001
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Editor's Comments

The employment, family and diversity lottery visa cut off dates have been updated. Surprisingly, all the employment based categories, including unskilled workers, are current. Many of the family based categories on the other hand show retrogression. The most severely affected is the family third preference category for Mexican married sons and daughters of US citizens which now have to wait 27 years or more than a generation. Since the petitioners for this category have to be old enough now to have a child who is married, demand in the category may decrease as the petitioner's succumb to old age. The beneficiaries in this category may well consider risking their lives to enter to cross the border illegally and have US born citizen children. When the children turn 21 they can then petition for the parents. It would be quicker. If they survive.

Printing Immigration Daily pages has been the topic of many comments we have received. We have added a "print this page" feature to the Immigration Daily pages. It is no longer necessary to cut and paste into a another document to print a page without the end of the text being cut off. You now have one-click printing of pages from Daily.

We invite you to stop by the ILW.COM booth 319 at the 2001 AILA Annual Conference on Immigration Law June 20-24, 2001, Boston Copley Marriott Hotel, 3rd Floor, University Hall. Please bring us your comments and suggestions on how we can make the Daily and the site more useful for you.

Tip of the Day

What is a List Serv?

A list serv is a mailing list management system that allows site users to subscribe to an electronic mailing list and enables ILW.COM to create, manage, and control the lists. When ILW.COM addresses an e-mail to a list serv mailing list, it is automatically broadcast to all the addresses in the list. The results of a mailing list are is similar to a newsgroup or forum except that the message is transmitted as e-mail and is available only to members who have subscribed to a particular mailing list.

Currently ILW.COM offers list servs for Immigration Daily, Immigrant's Weekly, and Chat Reminder, and for basic and premium members, We offer list servs to provide immigration information to our readers, and in order to tell our site users about ILW.COM's products and services.

ILW.COM Featured Article of the Day

BIA finds "Extreme Hardship" for Deportation Purposes where US Citizen Child is "Completely Integrated Into The American Lifestyle"
Carl R. Baldwin writes about the recent Board of Immigration Appeals (BIA) decision in Matter of Kao and Matter of Lin, 23 I&N Dec. 45 (BIA 2001)

Immigration News

Bill to Extend 245(i) Read in Senate
H.R. 1885, an act to expand the class of beneficiaries who may apply for adjustment of status under section 245(i) by extending the deadline for classification petition and labor certification filings, was read for the first time in the Senate.

Sen. Graham Cosponsors Age-Out Bill
Sen. Graham of Florida has been added as a cosponsor of S. 672, a bill to provide for the continued classification of certain aliens as children in cases where the aliens "age-out" while awaiting immigration processing.

Affidavit of Support Not Always Required
According to a recent memorandum from Michael D. Cronin, Acting Executive Associate Commissioner, Office of Programs, an Affidavit of Support is not required if the alien can show that he has already worked or can be credited with 40 qualifying quarters of coverage.

Updated NAFTA Bulletin
The INS Office of Business Liaison has issued an updated employer information bulletin on US employment of Canadian and Mexican Professionals under NAFTA.

New Locations for Filing for Humanitarian Parole
The INS page with information on INS offices handling overseas humanitarian parole requests has been updated.

Immigration in the Press

Justices Rule on Citizenship Case
The Washington Post reports on the recent decision in Nguyen v. INS, No. 99-2071 (June 11, 2001), in which the Supreme Court held Congress may set a higher threshold for fathers than mothers when deciding the citizenship of children born overseas and out of wedlock.


Chat with Shari L. Moidel
Shari L. Moidel will answer questions on all aspects of immigration law on Wednesday, June 13, 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 June 13, 2000

"In In re Perez Int. Dec. 3432 (BIA June 6, 2000), [You will need Acrobat to read this file] 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. Now in Ye v. INS, No. 98-70784 (9th Cir. June 9, 2000), the 9th Circuit joins the 5th and 7th Circuits in applying the generic understanding of the term burglary for purposes of the Immigration and Nationality Act. There is an emerging consensus among the courts that for immigration purposes, burglary is not burglary."

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:

Thank you for publishing Congressman Tancredo's speeches to Congress on immigration. The member from Colorado has certainly stated simply what Congress needs to do to begin solving the situation of massive US immigration. My opinion is that 90 percent of Congress has ignored the nation's most pressing problem in favor of their own banal speeches, which, if not curtailed, will bore so many citizens to an early grave that only immigration will save the US from a recession. Tancredo is spot on by suggesting all immigrants must be able to speak or learn English, for without this skill, US corporations and small businesses will continue to exacerbate the immigrant low wage syndrome. Massive immigration can be easily handled by means of simple ID technology with guest worker and repopulation programs. Congress needs to authorize worker or visitor visas to first meet the needs of industries that want foreign labor. Permanent residencies and citizenship are not needed in this instance as most immigrants will have the propensity to return home if US trade can improve economies in their countries. When trained in the US, these guest workers can eventually return with their skills and US technology to their own cultures. Congress members must immediately survey their own backyards for constituent and media input on how much immigrant assistance their local economies need.

Neil Reed

Dear Editor:

Premium processing is a great business plan! Why haven't we thought of it for our own shops? It goes like this: Look, I know we haven't been doing a very efficient job, and I also realize that you, dear clients, are already paying high fees, but now, if you just pay us another $1000 fee (let's call it a premium), we promise to get really efficient!



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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