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Immigration Daily

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Immigration Daily
Arthur L. Zabenko, Esq., Legal Editor
July 25, 2001
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Editor's Comments

According to the New York Times [registration required] a cabinet-level panel has recommended that President Bush endorse a limited plan allowing some of the estimated three million Mexicans living in the United States illegally to apply for permanent legal status. This could potentially be the biggest news in immigration law since the amnesty of 1986. While the administration may be ready to support such a plan, it would have to be enacted by Congress. As Sen. Byrd Comments about an amnesty show there is strong opposition which will have to be overcome to make a new amnesty a reality.


Only Two Weeks To Go!

ILW.COM's 3-part Seminar Series on H-1Bs presented by Angelo Paparelli and Stephen Yale-Loehr begins on August 8th, only two weeks from today! Read about the seminar series to decide if you want to sign up. Reading the info takes only a minute, and does not cost a dime!

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

Attorney Chat

ILW.COM hosts live chats with immigration attorneys two times a week. For immigration attorneys, participating in a chat provides many benefits. Many chat attorneys have commented that after each chat they receive numerous inquiries that often lead to paid business in actual cases. ILW.COM chat attorneys have also found that their name recognition has increased and participating in the chat leads to a great amount of public exposure. ILW.COM provides links to the attorney's web page and the web statistics show that the websites get a large number of page views both before and after the chat.

ILW.COM vigorously markets the chats through various other websites and listservs. Before a chat session ILW.COM provides the attorney with a free half hour training session at the attorney's convenience in which we show the attorney how to use the chat program and make sure they have the appropriate equipment. Each live chat session lasts for one hour.

ILW.COM later revises the chat transcripts and posts the scripts on the website. By posting the chat transcripts the one-hour that the attorney has invested in conducting the chat becomes a permanent way of making the attorney's services known to potential clients. Many site visitors go through previous chat transcripts in order to see if questions similar to theirs have already been answered. Many attorneys who have participated in ILW's chats have enjoyed the experience and have returned to chat with us again. If you are interested in participating as an attorney on a live chat, please contact us at

ILW.COM Featured Article of the Day

Involuntary Migrants Face Harsh Consequences of Immigration Law Reforms
Jonathan Montag writes about the harsh consequences of abolishing suspension of deportation especially children.

Immigration News

House Passes Family Sponsor Immigration Act
By a vote of 379 to 0 the House passed H.R. 1892, the Family Sponsor Immigration Act of 2001, which provides for the acceptance of an affidavit of support from another eligible sponsor if the original sponsor has died and the Attorney General has determined for humanitarian reasons that the original sponsor's classification petition should not be revoked

INS Appropriations
Appropriations for the INS for fiscal year 2002 are $3,516,411,000, which includes (A) not to exceed $2,737,341,000 for salaries and expenses of enforcement and border affairs (i.e., the Border Patrol, deportation, intelligence, investigations, and inspection programs, and the detention program); (B) not to exceed $650,660,000 for salaries and expenses of citizenship and benefits (i.e., programs not included under subparagraph (A)); (C) for each such fiscal year, not to exceed $128,410,000 for construction, to remain available until expended; and (D) not to exceed $50,000 to meet unforeseen emergencies of a confidential character.

Sen. Byrd Concerned about Amnesty Proposal
Sen. Byrd expresses his concern about media reports of discussions within the administration to grant amnesty to 3 million Mexican immigrants who illegally reside in the US.

Rep. Kilpartick Would have Voted Yes
Rep. Kilpatrick stated that had she been present she would have voted yes on H.R. 1892 the Family Sponsor Immigration Act of 2001.

Lozada Rule a Reasonable Exercise of Discretion
The court in Lu v. Ashcroft, No. 00-3393 (3rd Cir. July 24, 2001) held that an Immigration Judge and the Board of Immigration Appeals (BIA) did not err in denying a motion to reopen based on ineffective assistance of counsel because Petitioner failed to comply with the Lozada requirements and that the Lozada requirements are a reasonable exercise of the BIA's discretion.

No Asylum Where No Harm for 12 Years
In Ramirez v. INS, No. 00-2782 (8th Cir. July 24, 2001), the court found that the Boira of Immigration Appeals (BIA) was correct in denying Petitioner's asylum application where Petitioner had suffered no harm between the time of alleged threats twenty years ago and his departure twelve years later. The court made available the Appellee's brief and Appellant's brief.

Expungement Still a Conviction
The court in Fernandez-Bernal v. Ashcroft, No. 99-15373 (11th Cir. July 19, 2001), determined that it lacked jurisdiction to hear Petitioner's argument that expungement of his drug conviction meant he had not been convicted of an aggravated felony for immigration purposes.

Attorney General Directs INS to Prepare Regulations
The Attorney General directs the INS to draft and present regulations on or before July 31, 2001, that set forth a procedure for aliens subject to a final order of removal to present a claim that they should be released from detention because there is no significant likelihood that they will be removed in the reasonably foreseeable future.

Interim Rule for Trafficking Victims
The Departments of State and Justice have issued an interim rule and request for comments for the identification of victims of a severe form of trafficking in persons; the protection of victims of severe forms of trafficking in persons while in custody; access to information and translation services for victims of severe forms of trafficking in persons; legal mechanisms for allowing victims of severe forms of trafficking in persons, who are potential witnesses, continued presence in the United States; and development of appropriate DOJ and DOS training.

Texas Bar Responds to Attorney General
Paul Parsons, Chairman, State Bar of Texas Committee on Laws Relating to Immigration and Nationality, responds to The Texas Attorney General's Opinion No. JC-9034, Non-emergency Health Care for Foreign Nationals in Texas.

Anti-Trafficking of Persons
The INS has updated the information on its Anti-Trafficking of Persons page.

Immigration in the Press

Bush Panel Backs Legalizing Status of Some Migrants
According to the New York Times [registration required] a cabinet-level panel has recommended that President Bush endorse a limited plan allowing some of the estimated three million Mexicans living in the United States illegally to apply for permanent legal status.

ILW.COM Chats and Discussions of the Day

Chat with Shari Moidel
Shari Moidel will answers questions on all aspects of immigration law on Wednesday, July 25, 2001, at 9:00 p.m. Eastern (New York) time. Questions will be accepted beginning 15 minutes before the beginning of the chat.

This Day in Immigration

From July 24, 2000

"In less than three months the number of subscribers to the e-mail version of Immigration Daily has surpassed 2,600. If you are a subscriber we hope you find the information timely and useful. Make sure your colleagues, co-workers and friends have access to the information by signing them up for free subscriptions. We plan to make improvements to the e-mail format of Immigration Daily in the near future. Please give us your suggestions on how we can make Immigration Daily more useful to you. Send your comments and suggestions to"

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

The following were received in response to our request that people send information on processing times to

Dear Editor:

I just received a Receipt Notice for an H-1B petition. The notice was prepared and sent out on the same day it was actually received! I find that pretty amazing since I'm still waiting on receipt notices for some petitions I sent out 2-3 weeks earlier. Unbelievable . . .


Dear Editor:

I have an I-129 H-1B application pending with the INS. As shown in the processing times for California Service Center, the data entry for said category is June 2001. Originally, I submitted an application to the INS in April 2000. Last December 2000, INS sent me a response/status letter instructing me to submit additional data with the deadline of March 30, 2001. Before the deadline came, specifically on January 20, 2001, I submitted the required data being asked by INS. Until now, I have yet to receive another status/response report from them. With the data entry of June 2001 as shown on California Processing Center, I hope that my papers have been taken away from the shelf and are now being processed.

Very respectfully yours,
Desperate Carlos


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.

The ABA Immigration Pro Bono and Bar Activation Project in cooperation with the Immigration and Nationality Committee of the Section of International Law and Practice, the Section of Individual Rights and Responsibilities, the Commission on Mental and Physical Disability Law and the Coordinating Committee on Immigration Law invite you to attend the following free CLE program "Immigration Detention: Perversities and Prospects" on Saturday, August 4, 2001, 9:30-11:30 a.m. Columbus Hall C/D, Ballroom Level East Tower Hyatt Regency, 151 East Wacker Drive, Chicago. For details click here.

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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Marc Ellis, Gary Endelman

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