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Immigration Daily

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Immigration Daily
Arthur L. Zabenko, Esq., Legal Editor
July 24, 2001
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Editor's Comments

In remarks prepared to be delivered at a Safe Neighborhoods event in Colorado, Attorney General Ashcroft outlined the steps he is taking to ensure that criminal aliens are not released from detention in the wake of the Supreme Court's decision Zadvydas v. Davis, Nos. 99-7791 and 00-38 (June 28, 2001). These steps include bringing additional criminal charges and developing procedures to continue to detain aliens where special circumstances may justify continued detention even if their prompt removal is not likely. While Mr. Ashcroft may not agree with the Supreme Court's decision, he is bound to abide by it. He might do well to outline steps for the release of the aliens covered by the decision rather than using the power of the office of the Attorney General to try to the thwart the will of the Court.

The California Service Center processing times have been updated.


Q & A on H-1B

ILW.COM is featuring a 3-part seminar series on H-1Bs, the speakers are Angelo Paparelli and Stephen Yale-Loehr. A distinctive element of this series is the interactivity with the speakers. Apart from the Q & As during the phone seminar, participants can also pose questions to the speakers by email.

The following excerpt is part of the Q & A exchange in the seminar series.


I am in H-1B visa status. I know the INS is planning to issue regulations describing how an H-1B worker who is terminated from employment may maintain status and remain in the United States while seeking a new job. But what happens if I am terminated from my job before the INS issues regulations or policy statements? How long can I stay in the US while I try to find another H-1B job? What can I do?

A: Click here for the answer.

For more information, or to sign up online, click here
For more information, or to sign up by mail/fax, click here

Tip of the Day

Processing Times

The INS processes many petitions at its Eastern Service Center in Vermont, the Northern Service Center in Nebraska, the Southern Service Center in Texas and the Western Service Center in California. There are backlogs and delays throughout the INS including the Service Centers. We thank the American Immigration Lawyer's Association which makes this information available to the public. The processing times pages are a resource attorneys can use to give their clients an idea of how long a particular application will take. Attorneys can also encourage clients to check the processing times themselves to reduce the number of phone calls asking how long a case is taking. The real measure of processing times is how long cases are actually taking. If you find a case taking more or less time than indicated on these pages, send the information to As the hub for immigration information ILW.COM is a place to share the latest and most up-to-date immigration information.

ILW.COM Featured Article of the Day

Waiting for Godot: Immigration, Politics and the Risks of Delay
Gary Endelman writes that if the Republican share of the Hispanic vote does not significantly increase in the 2002 mid-term elections and if President Bush fails to break the 40% barrier in 2004, his embrace of immigration could quickly cool.

Immigration News

INS Corrects Addresses
The INS corrects tfilingng addresses for LIFE Legalization, LIFE Act Family Unity Benefits and V Visa related Applications for Employment Authorization.

Ashcroft Wants to Keep Aliens Detained
Attorney General Ashcroft outlines the steps the Department oJusticeic is Taking to ensure that dangerous aliens are not released to the public as a result of the Supreme Court's recent decision.

No Asylum Where Testimony Not Credible
The court in Chebchoub v. INS, No. 99-70564, 00-70398 (9th Cir. July 23, 2001), upheld a denial of a petition for asylum where the Board of Immigration Appeals (BIAsupplieded specific reasons to question Petitioner's credibility and Petitioner failed to produce non-duplicative, material, easily availablcorroboratingin evidence.

Asylum Denied For Al Najjar
In Al Najjar v. Ashcroft, No. 99-14391, 99-14807 (11th Cir. July 18, 2001), the court concluded that based on the record, the Board of Immigration Appeals's (BIA's) denial of asylum, suspension and withholding was supported bsubstantialal evidence.

Discretionary Relief Post IIRIRA
In Lawrence v. INS, No. 00 Civ. 2154 (AJP) (S.D.N.Y. July 20, 2001), the court denied Petitioner's habeas petition, but issued a certificate of appealability limited to the issue of the applicability of IIRIRA's elimination of discretionary relief for aliens whose pre-IIRIRA conviction was the result of a trial rather than a guilty plea.

Correction for U, SK Visas
The Department of State corrects errors in two final rules for the SK immigrant category and nonimmigrant U classifications.

Immigration in the Press

Rethinking Mexican Immigration
The New York Times [registration required] writes that the evolving partnership between George W. Bush and Vicente Fox, the president of Mexico, makes this a favorable moment for both countries to revisit the difficult immigration and border issues that have long vexed relations between the US and Mexico.

This Day in Immigration

From July 24, 2000

"Bing "Found in" the US a Continuing Offense In US v. Ruelas-Arreguin, No. 99-50213 (9th Cir July 19, 2000), the 9th Circuit ruled that being "found in" the United States is a continuing offense which commences with entry and concludes with discovery and venue is proper in any place at which the violation may occur."

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

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.

Saturday, October 13, 2001, 9:00 a.m. to 1:00 p.m. at Ramada Inn, Fairfield, 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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Editorial Advisory Board
Marc Ellis, Gary Endelman

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