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Immigration Daily

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Immigration Daily
Arthur L. Zabenko, Esq., Legal Editor
August 3, 2001
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Editor's Comments

We are poised for great changes in immigration laws. As Sen. Kennedy notes, "[w]e have a unique opportunity to create a more humane and just immigration system." Just yesterday five immigration bills were introduced in Congress, one in the Senate and four in the House, covering the spectrum from granting green cards to students who came here as children to a flat our moratorium on immigration. The Bush Administration has spoken of a legalization program while explicitly denying it would be an amnesty. According to the Washington Post the Democrats are introducing a plan under which immigrants eligible for the earned legalization program must have work histories, ties to the community and no criminal record, and they must be enrolled in US civics and English courses. Jumping into the center of the maelstrom is James Ziglar, who, as he admitted at his Senate confirmation hearing, has not background in immigration. Given the history of the INS over the past few years, maybe the less known the better.


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Over the past few months we have provided Tips and information for those of you whom are already using case tracking. Our support team put together some helpful tips to answer some of the questions that have come up during the use of case tracking which we carried as Part I and Part II . We also provided information regarding what to do if your client never received or misplaced their username and password to use case tracking. And, we carried hints for attorneys on how to use case tracking to win over clients. If you have any questions or comments on our case tracking system or would like further information on the system please contact us at

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ILW.COM Featured Article of the Day

Americans View Immigration Positively
AILF writes that according to a recent Gallup Poll, Americans now hold more positive views about immigrants than they have in the last twenty-five years. A greater number of people today believe immigration enhances US culture and bolsters the economy.

Immigration News

House Subcommittee on Immigration and Claims to Meet
The House Subcommittee on Immigration and Claims was scheduled to meet August 2, 2001, at 10:00 a.m. for an oversight hearing on the US population and immigration.

Sen. Hatch Introduces Bill to Aid Undocumented Students
Sen. Hatch introduced S. 1291, a bill to permit States to determine State residency for higher education purposes and to authorize the cancellation of removal and adjustment of status of certain alien college-bound students who are long term US residents.

Four Immigration Bills Introduced in House
Four immigration bills were introduced in the House. H.R. 2704, a bill to allow States and localities to provide primary and preventive care to all individuals, H.R. 2705, a bill to modify the requirements applicable to the admission into the United States of H-1C nonimmigrant registered nurses, and for other purposes, H.R. 2712, a bill to effect a moratorium on immigration, and H.R. 2713, a bill to permit the Attorney General to create a record of lawful admission for permanent residence for certain aliens who entered the United States at least 15 years prior to the application date.

Sen. Kennedy Addresses Immigration
A press release from Sen. Kennedy's office state Congress and the Administration now have an historic opportunity to reform our immigration policies to reflect the nation's basic values of family unity and economic opportunity.

Cosponsor for Family Sponsor Immigration Act of 2001
Sen. Nelson was added as a cosponsor of S. 1167, a 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.

Texas Asks for Border Patrol Training Academy
A concurrent resolution adopted by the House of the Legislature of the State of Texas urges Congress to relocate the US Border Patrol Training Academy to the southwest Texas border region.

212(c) Relief After St. Cyr
In Attwood v. Ashcroft, No. 00-2130 (1st Cir. Aug. 2, 2001), the court held that in light of the Supreme Court's holding in INS v. St. Cyr, the Petitioner, who had pled guilty and who would have been eligible for 212(c) relief at the time of his plea, had properly been given a 212(c) hearing and granted relief.

Biography of James Ziglar
According to the INS biography of the new INS Commissioner, as of his arrival at INS Mr. Ziglar has a total of 23 years of experience as an investment banker and lawyer.

INS' Southwest Border Strategy: Resource and Impact Issues Remain After Seven Years
According to a report from the General Accounting Office, since 1998 apprehensions of illegal aliens has declined in three Border Patrol sectors, but increased in five of the other six Southwest sectors.

Immigration in the Press

Democrats to Offer Plan To Reform Immigration
According to the Washington Post House and Senate Democrats will announce an immigration reform plan that includes an earned legalization program, family reunification and an enhanced temporary worker program.

This Day in Immigration

From August 3, 2000

"Expunged Offense May Not Be Basis of Deportation In Lujan-Armendariz v. INS, No. 96-70431 (9th Cir. August 1, 2000), the Ninth Circuit vacated the petitioners' removal orders finding that the BIA had incorrectly determined that the definition of "conviction" for immigration purposes repealed the 1970 First Offender Act. The court found that the benefits of the First Offender Act should be extended to aliens whose offenses are expunged under state rehabilitative laws, provided that they would have been eligible for relief under the Act had their offenses been prosecuted as federal crimes."

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.

State Department Tightens Diversity Visa Lottery Photo Requirements. Steptoe & Johnson Law Firm and Sears Portrait Studios Team to Help Applicants at Immigration Lawyers: The State Department has just announced that it will require a passport-type photo for EACH family member to be attached to an application for this year's Diversity Visa (Greencard) Lottery, and an established American law firm and the nation's leading portrait studio have teamed to make application easy, reliable and affordable. A website developed by the 88-year old law firm of Steptoe & Johnson,, provides an online application process and a Sears Portrait Studio discount coupon for the required photos, valid at over 1,000 locations in the U.S., Canada and Puerto Rico. People without Internet access can call toll-free to 1-877-WIN-VISA to receive an application kit. The annual October lottery awards greencards to 50,000 aliens, entitling them to live and work permanently in the U.S. Last year the State Department rejected 3 million applications to the Diversity Visa Lottery for "failing to follow instructions." This year your clients can use and be sure their application won't be one of the millions rejected for mistakes. Applicants just answer questions on, and then print out and send their completed form and a passport-type photos to us, where we will check for accuracy and assure delivery to the Kentucky Consular Center for filing. The cost is only $45 for a single application, or $75 for a husband and wife -- comparable to that charged by so-called "submission service" firms. We ask applicants if they have an immigration lawyer, so we can notify you if your client wins. The website is currently in English, and very soon will also be available in German, Portuguese and Spanish Natives of all countries EXCEPT the following are eligible for this year's lottery: Canada, China (mainland born), Columbia, Dominican Republic, El Salvador, Haiti, India, Jamaica, Mexico, Pakistan, Philippines, South Korea, United Kingdom and dependent territories, and Vietnam. Persons born in Hong Kong SAR, Macau SAR, Taiwan and Northern Ireland ARE eligible. For more information, e-mail George E. Carenbauer, Responsible Attorney Steptoe & Johnson, PLLC.

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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