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Immigration Daily

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Immigration Daily
Arthur L. Zabenko, Esq., Legal Editor
August 1, 2001
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Editor's Comments

In the "This Day in Immigration" section we reprint last year's instructions for the Diversity Visa Lottery. The "This Day in Immigration" section is an opportunity to see what was important in immigration a year ago. It gives perspective by showing how much things have changed, or how much they have not. It is also a reminder of the depth and breadth of information available in the searchable archives of Immigration Daily. Today the Department of State issued an interim rule with changes to the DV Lottery regulations. Since it was a year ago they published the instructions for the DV2002 Lottery, the instructions for the DV2003 Lottery should be made public soon. When they are we will bring them to you in Immigration Daily.


Only One Week 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 one week 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

Place the ILW.COM Logo on Your Web Page!

ILW.COM is a vast resource of immigration information. Some of our readers link to our site so they can share with visitors to their pages the benefits of the information we offer. Additionally, attorneys who are members of ILW.COM may want to display an ILW.COM logo on their web page to gain a competitive edge by showing potential clients they have access to all the advantages of ILW.COM membership, including case tracking.

If you want to place the ILW.COM logo on your web page, you can choose from two sizes. Simply follow the instructions below.

Cut and paste the following HTML text at the appropriate place on your web page:

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ILW.COM Featured Article of the Day

INS Should Stop Fudging about Laid-off H-1B Workers
Cyrus D. Mehta writes that th INS presently has no policy with respect to the status of an H-1B worker who has been laid off, and should be flexible in exercising its discretion.

Immigration News

Immigration-Related "Status Offense" a Civil Matter
The court in US v. Tejada, No. 00-1461 (1st Cir. June 27, 2001), concluded that the provision of the Speedy Trial Act mandating that an arrested person be brought before a magistrate judge within 48 hours was inapplicable to the Defendant since he was arrested for an immigration-related "status offense" and was thus civilly detained. The court has amended its June 27, 2001, opinion.

Court Must be Asked to Act Sua Sponte
In Wang v. Ashcroft, No. 60291 (5th Cir., July 31, 2001),the court found that the BIA properly construed Petitioner's self-styled "motion to remand" as an untimely-filed motion to reopen, and that Petitioner had not exhausted his administrative remedies because he had not asked the BIA to exercise its sua sponte discretion to reopen the case.

Seriousness of Felony Does not Matter
The court in US v. Palomino-Rivera, No. 00-3549 (7th Cir. July 20, 2001), the court held that is was improper for the district court to consider the seriousness of an aggravated felony and reduce a sentence for being found in the US after having been deported for an aggravated felony unless the case were "outside the heartland of illegal reentry cases." The court has amended its July 20, 2001, decision.

Time Served After Violation of Parole is Imprisonment
The court in US v. Jimenez, No. 00-10343 (9th Cir. July 31, 2001), determined that a Defendant sentenced to 365 days probation who then violated the terms of his probation and was sentenced to two years imprisonment had been sentenced to more than one year for purposes of the definition of an aggravated felony, and that even though the presentence report did not contain the exact statute under which he was convicted, it contained sufficient information for the court to determine it was an aggravated felony.

Annual Financial Statement for FY2000
The Department of Justice's Office of the Inspector General (OIG) Report of the audited Annual Financial Statement for FY 2000 mentions three "reportable conditions" and three "material weaknesses" at the INS including the fact that "the INS had to manually count approximately two million applications, an effort that involved substantial preparation and several preliminary counts throughout the fiscal year. It also caused delays in the processing of applications."

AILA Addresses Premium Processing
In a letter to the Director, Policy Initiatives and Instructions Branch, the American Immigration Lawyers Association (AILA) provides its philosophical objections to premium processing fees and comments on specific aspects of the program as reflected in the interim regulations.

Changes to DV Regs
The Department of State has issued an interim rule with request for comments amended the regulations to require the use of Department of Labor's O*Net OnLine instead of the Dictionary of Occupational Titles in determining work experience and changes to the the signature and photograph requirements.

Immigration in the Press

Hospital Probed for Immigrant Care
USA Today reports that the District Attorney in Houston has launched a criminal investigation regarding the County Hospital District's funding of non-emergency health care for undocumented immigrants. The Texas Attorney General opined earlier this month that such funding would be a violation of IIRIRA.

ILW.COM Chats and Discussions of the Day

Chat with Julian Lowenfeld
Julian Lowenfeld will answers questions on all aspects of immigration law on Wednesday, August 1, 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 August 1, 2000

"Registration for the Diversity Immigrant (DV-2002) Visa Program The Department of State releases information on the Diversity Immigrant Visa (DV) category during Fiscal Year 2002. Entries for the DV-2002 mail-in period must be received at the Kentucky Consular Center mailing address between noon (Eastern Time) on Monday, October 2, 2000, and noon (Eastern Time) on Wednesday, November 1, 2000."

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 letter refers to a letter to the editor from Jose Cordero which appeared in the July 31, 2001, issue of Immigration Daily.

Dear Editor:

"Either give it to people that deserves it or to everybody without any racial preferences." That was the last statement and the main purpose of my letter.

Mr. Cordero became so defensive and reacted to my letter instead of trying to get the point. I am not going to make the same mistake he did, otherwise this website that is supposed to help bring to light some important issues, is going to become a chat room nothing more, nothing less.

I am going to restate it again. I have nothing against Hispanics. The issue here is that Mr. President picked one community dismissing all others (I didn't). That said, if Mr. Cordero had really read my letter objectively instead of subjectively, he would have understood that all those details I gave about my situation and my life here in this great country, is to show that they are families from other communities that work as hard if not harder than the one he picked. So everybody needs to be considered when making such a major decision.

Thank you Mr. Cordero for taking time to respond to my letter and thank you Dear Editor for allowing us to voice our opinions.

Best regards,

Mohamed Sami
Native of the country of Morocco


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

Be Part of a Winning Team! Bratter - Krieger, LLP, a S. Florida immigration law firm is expanding into new cities. We now have immediate needs for bi-lingual attorneys and paralegals with immigration experience for our Miami, Las Vegas, Phoenix, San Antonio, El Paso, Los Angeles and Durham, NC offices. All our team members receive an aggressive compensation package. Reply in confidence to Matthew Krieger -, fax resume to 305-695-4398 or call us at 1-800-946-0301.

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.

In Chicago from August 4th to August 6th to address the legal service and advocacy needs of 5,000 children detained annually by the Immigration and Naturalization Service at over 90 sites nationwide, the majority of which are juvenile jails. 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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Editorial Advisory Board
Marc Ellis, Gary Endelman

Copyright 2001 American Immigration LLC, ILW.COM