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Immigration Daily

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Immigration Daily
Arthur L. Zabenko, Esq., Legal Editor
July 13, 2001
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Editor's Comments

The article we featured in yesterday's issue of Immigration Daily, ABCs of Immigration - INS Guidance Memo on New H-1B Visa Law by Greg Siskind and Amy Ballentine, stated that for an extension of H status beyond the six-year limit in the case of lengthy adjudications by the INS it is necessary to include evidence of an approved I-140. It should have read that it is necessary to include evidence that the I-140 has been filed. By agreement with the authors we have corrected the error.

The priority dates for the diversity lottery employment and family categories have been updated. All the employment based categories remain current. Some of the family based categories have regressed further from the big jump backwards they showed last month.

Occasionally we have very small issues of Immigration Daily as nothing of interest is happening in the field of immigration. Today's is one of the largest issued of the Daily. We hope with our brief digests of the material to help you sort through the large number of items and find the ones of interest to you.

Tip of the Day

Creating an Internet Presence for your Law Practice

As Larry Bodine recently wrote, recent research explodes the myth that web sites are unimportant in the overall marketing efforts for law firms. Here are the steps for setting up your practice on the Internet:

  1. INSTANT WEB SITE If you do not have a web site, sign up for ILW.COM membership and we will create an instant web page and a web address for you.

  2. GET A DOMAIN Register an internet address such as "" Make sure that the address is short and not prone to spelling errors. Examples for John Doe could be, or Catchy immigration names would work too though many are already taken. ILW.COM can register your address of choice for you, just write to

  3. CHOOSE A HOST A hosting company (such as ILW) provides a physical location for your web site. Your address will not be functional until you choose a host. Choose a reliable hosting company with good support. A professional e-mail address such as is part of most hosting packages.

  4. IMPROVE YOUR SITE What will people see when they visit your site? A web site can be just a single page or much larger. To expand your site you need a web designer who can create a visual identity for your practice. This process is similar to getting a brochure designed. Rates can vary from a few hundred dollars to thousands. ILW.COM hopes to offer you a few inexpensive alternatives in the near future.

  5. MARKET YOUR SITE Once your site is ready, do not expect it to be overwhelmed by traffic right away. You need to market the site. Put the address on your stationery and tell your clients about it. Put up useful information and encourage other web sites to link to yours by offering them articles or a link in exchange. Hosting on ILW.COM helps build traffic as we send visitors to your site from the directory and search engines.

We hope to cover the above steps in greater detail in future tips. ILW.COM offers a free consultation on all the above steps, please write to or fill out our hosting inquiry form:

ILW.COM Featured Article of the Day

Legislation: Our House Is A Very, Very, Very Nice House
Carl Shusterman writes about recent activity in the House Subcommittee on Immigration under Chairman Gekas.

Immigration News

INS Advisory for Hondurans and Nicaraguans
The INS reminds eligible Hondurans and Nicaraguans to immediately re-register for Temporary Protected Status (TPS) to maintain TPS and employment authorization. Applications must be received by INS Service Centers by close of business on August 6, 2001.

INS FY 2001 May Statistical Report
The INS has issued its Monthly Statistical Report for the month of May 2001, including specific information on inspections, Southwest border apprehensions, immigration benefits, naturalization benefits, removals, investigations and asylum.

INS Web Statistics
The INS web site statistics include a monthly user report for June 2001, and the third quarter, FY 2001 cumulative user report.

Expanded Safety Measure Along Southern Border
Vowing to do everything possible to safeguard migrant lives and reduce deaths, US and Mexican officials announced new measure designed to enhance both countries' life saving capabilities along the international border in Texas and New Mexico.

EOIR Updated Recognition and Accreditation Roster
The Executive Office for Immigration Review (EOIR) has updated the list of organization authorized to represent individuals before the INS, the Immigration Courts and the Board of Immigration Appeals (BIA). [Long download]

INS Agreement for Detention Services in York, PA
The Office of the Inspector General reports on The INS and the United States Marshals Service intergovernmental service agreements for detention services with the County of York, Pennsylvania, York County Prison.

Statutory Rape an Aggravated Felony
In Mugalli v. Ashcroft, No. 00-4063 (2nd Cir. July 10, 2001), the court upheld the Board of Immigration Appeals's (BIA) determination that a conviction for statutory rape under New York law was sexual abuse of a minor and so an aggravated felony, and that a New York "Certificate of Relief" did not immunize Petitioner from the immigration consequences of his conviction.

Hardship of Deportation no Reason for Lighter Sentence
The court in US v. Bautista, No. 00-3227 (7th Cir. July 12, 2001), found that the district court abused its discretion when it departed downward from the sentencing guidelines because "the impact of deportation of this defendant is itself a punishment so severe as to remove this case from the heartland."

Miranda Warnings not Required in Public Setting
In US v. Galindo-Gallegos, No. 99-50585 (9th Cir. July 12, 2001), the court held that no Miranda warnings were required to be given when a group of 15-20 aliens was apprehended by two agents and made to sit on the ground because the setting was, for practical purposes public, and that transporting aliens is an offense related to alien smuggling and so an aggravated felony. The court has amended its March 27, 2001, and April 25, 2001, opinions.

Detention without Bond Constitutional
In Yanez v. Holder, No. 01 C 0467 (N.D. Ill. July 9, 2001), the court denied Petitioners' habeas petitions finding that indefinite detention without bond of aliens found removable for having committed an aggravated pending a final order of removal does not violate the aliens' Constitutional rights.

Family Sponsor Immigration Act of 2001
Sen Feinstein introduced and spoke in favor of S. 1167, bill to permit the substitution of an alternative close family sponsor in the case of the death of the person petitioning for an alien's admission to the US.

Sen. Harking Cosponsors 245(i) Extension
At the request of Sen. Hagel, Sen. Harkin was added as a cosponsor of S. 778, a bill 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.

Immigration Bills in the House
H.R. 2457, a bill to impose a limitation on the wage that the Secretary of Labor may require an employer to pay an alien who is an H-2A nonimmigrant agricultural worker, and H.R. 2474, a bill to specify that imprisonment for reentering the US after removal subsequent to a conviction for a felony shall be under circumstances that stress strenuous work and sparse living conditions, if the alien is convicted of another felony after the reentry were introduced and referred to the committee on the Judiciary.

Senate Judiciary Committee to Take up 245(i) Extension
The Senate Committee on the Judiciary was scheduled to consider S. 778, a bill 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.

Hearing on Unaccompanied Alien Child Protection Act of 2001 Scheduled
The Senate Judiciary Committee, Subcommittee on Immigration is scheduled to Meet July 17 at 2:30 p.m. to hold hearing on S. 121, a bill to establish an Office of Children's Services within the Department of Justice to coordinate and implement Government actions involving unaccompanied alien children.

Executive Communications to Senate
The Executive has sent to the Senate communications on the "National Automated Immigration Lookout System (NAILS); Immigration and Naturalization Service (INS)," "VISAS: Documentation of Nonimmigrants Under the Immigration and Nationality Act; Application for Nonimmigrant Visas: XIX Olympic Winter Games and VIII Paralympic Winter Games in Salt Lake City, Utah, 2002," "VISAS: Documentation of Immigrants under the Immigration and Nationality Act, as amended--Diversity Visas."

Immigration in the Press

H-1B vs. The Classic American Dream: New Film Documents Fight for Status
India West reports on "America 2.0," a documentary film in the works that deals with Bay Area residents fighting to fulfill their version of the classic dream while making a change in one's own community.

This Day in Immigration

From July 13, 2000

"House Passes Adjustment of Status of Certain Syrian Nationals The House of Representatives passed H.R. 4681 which would provide for the adjustment of status of certain Syrian nationals. The bill would require the Attorney General to adjust the status of the Syrian Jews who emigrated to the United States, pursuant to Assad's 1992 Order, to that of permanent resident."

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

Immediate opening for immigration paralegal in 11 attorney Gateway One, Newark law firm. College degree and employment-related immigration experience preferred. Good writing and research skills necessary. Ability to work independently and with the firm's clients required. Competitive salary and generous benefits. Resumes should be forwarded to Anthony F. Siliato, Meyner and Landis LLP, One Gateway Center, Newark, New Jersey 07102.

Employers and attorneys for employers can now electronically complete a form I-9 (employment eligibility verification) via LOOKOUT SERVICES INC. at Get tips and alerts to guide employers through the I-9 compliance maze. We track employment eligibility expiration dates and provide three (3) prior notices of expiration dates beginning four (4) months in advance. Notices will be provided to employer directly or to the attorney for employer. With LOOKOUT SERVICES INC., employers have peace of mind that company I-9 forms are in compliance. Use our internet based software to complete an I-9 at the time of hire or audit an existing I-9. Call today to receive a password & user i.d. or for a demonstration. Call toll free 1-888-522-6704.

Angelo Paparelli and Steve Yale-Loehr will conduct a three-part teleconference and e-mail listserv series titled On the Cutting Edge: H-1B Practice and Strategy with Angelo Paparelli and Steve Yale-Loehr. The teleconferences will take place Wednesdays August 8, September 5, and October 3, 2001, at 1:00-2:30 p.m. Eastern (New York) time. They are open to attorneys, employers, HR professionals and anyone else interested in the H-1B process and strategy. For more information or to register 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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Marc Ellis, Gary Endelman

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