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Immigration Daily

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Immigration Daily
Arthur L. Zabenko, Esq., Legal Editor
August 2, 2001
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Editor's Comments

Yesterday we wrote that the DV Lottery information was expected. The Department of State has now published the DV2003 Lottery instructions.

The July numbers are in. The most read articled were:

  1. ABCs of Immigration - INS Guidance Memo on New H-1B Visa Law by Greg Siskind and Amy Ballentine
  2. If Only the President's Immigration Goals Become Reality......... by Cyrus D. Mehta
  3. Visa Numbers and Processing Times Summer 2001 by Cyrus D. Mehta
  4. Attorney Summary of INS Guidance on AC21 by Kim King, Jose Latour, and Lorenzo Lleras
  5. ABCs of Immigration - Grounds of Inadmissibility by Greg Siskind and Amy Ballentine


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.


Our company must terminate several employees, including some in H-1B status. How do I make sure that we comply with the immigration laws in doing so?

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


The INS web site has a wealth of valuable immigration information. ILW.COM tries to make it easy for you to find the INS information you want. We have organized the information in Employment INS FAQs, Family INS FAQs, Visitor Visa INS FAQs and General information INS FAQs. We hope the organization will allow you to find the answers you need.

ILW.COM Featured Article of the Day

Fifth Circuit Holding On When Proceedings Commence Deprives Alien of Last Chance to Apply For 212(c) Relief
Carl R. Baldwin writes about the recent decision in DeLeon-Holguin v. Ashcroft, No. 00-60694 (5th Cir. June 7, 2001).

Immigration News

Ziglar Confirmed as INS Commissioner
The Senate confirmed the nomination of James Ziglar to be INS Commissioner and Sen. Reid praised Mr. Ziglar's accomplishments.

Treaty Trader and Investor Visas for Jordanians
The United States-Jordan Free Trade Area Implementation Act makes nationals of Jordan, their spouses and their children eligible for E-1 and E-2 visas.

Cosponsor for "CARE" Act
Sen. Boxer and Sen. Graham were added as cosponsors of S. 1265, the "Children's Adjustment, Relief, and Education Act" or the "CARE" Act.

DV2003 Instructions
The Department of state has published the instructions for the DV2003 Lottery. Entries must be received at the Kentucky Consular Center between noon on Monday, October 1, 2001 and noon on Wednesday, October 31, 2001.

DOS Press Release on DV Lottery
The Department of State has issued a press release with useful information about filing for the DV2003 Lottery.

Comment Request on I-68
The INS is requesting comments on the I-68, Canadian Border Boat Landing Permit.

No Fourth Amendment Privacy Right in Copy of Counterfeit Green Card
The court in US v. Kamara-Reid, No. 00-4470 (4th Cir. Aug. 1, 2001), held that Defendant, who had been convicted of using a counterfeit eligibility card, had no Fourth Amendment right to privacy expectations in the employer's copy of her counterfeit green card.

Asylum Denied to Anti-Communist from Ukraine
In Koliada v. INS, No. 00-3421 (6th Cir. Aug. 1, 2001), the court found there was substantial evidence to support a denial of asylum by and Immigration Judge and the Board of Immigration Appeals (BIA) from a Petitioner who had suffered persecution for his anti-Communist activities in the Ukraine.

NACARA Suspension Not Available in Exclusion
In Sherifi v. INS, No. 099-4252 (7th Cir. Aug. 1, 2001), the court determined that Petitioner, who was from Macedonia, had entered the US before December 31, 2001, was placed in exclusion proceedings and filed for asylum before December 31, 2001, was not eligible to apply for suspension under NACARA since he had received an evidentiary hearing an a final administrative order had been entered.

Aggravated Felony Need not be Proven
The court in US v. Ojeda-Sierra, No. 01-4000 (10th Cir. July 31, 2001), rejected Defendant's argument that his prior aggravated felony had to be charged and proven in order for it to be the basis for a sentence enhancement.

OIG Audit of INS Data Entry
The Office of the Inspector General audited the INS's system data pertaining to secondary inspections at Montreal, Toronto and Vancouver.

Immigration in the Press

Gays Seeking Asylum Find Familiar Prejudices in US
The New York Times [registration required] reports on a small but growing number of gay men and lesbians who have won asylum here in the last decade. They fled abuse or threat of death, either perpetrated or condoned by foreign governments and police departments.

This Day in Immigration

From August 2, 2000

"7th Circuit Upholds BIA, Denies Voluntary Departure In Tamas v. Reno, No. 99-3155, (7th Cir. July 28, 2000), the 7th Circuit found that the seizure of Petitioner's family lands, the beating of his father, death of his children under mysterious circumstances and continued surveillance of his wife in Romania did not compel the conclusion that he had suffered past persecution or that he had a well-founded fear of future persecution."

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

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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Marc Ellis, Gary Endelman

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