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Immigration Daily

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Immigration Daily
Arthur L. Zabenko, Esq., Legal Editor
August 8, 2001
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Editor's Comments

The INS has announced that it will be publishing a proposed rule and request for comments in the Federal Register requesting fee increases. The INS announced that the rule would be published in the Federal Register on August 7, but it was not. When it is we will bring it to you.

The proposed rule will provide for a 60-day public comment period. After receipt and analysis of the comments, INS will draft a final rule. Sixty days after publication of the final rule in the Federal Register, the new fees will go into effect. The INS expects the new fees will go into effect in January 2002. The fees charged by INS would increase by about 17 percent across the board for services and would generate an additional $127 million in revenue for the agency.

To comment on the proposed rule, INS requests that applicants submit written comments in triplicate (one original and two copies) to the Director, Policy Directives and Instructions Branch, Immigration and Naturalization Service (INS), 425 I Street, N.W., Room 4034, Washington, D.C., 20536, Attention: Public Comment Clerk. The public may also submit comments electronically at To ensure proper handling, please reference INS Number 2072-00 on all correspondence. All comments received are available for public inspection at the above address. To arrange an appointment to review the comments, please call (202) 514-3048.

People may feel that given waiting periods of several years for some types of cases the INS cannot justify raising. Others may believe that the increased fees would allow the INS to meet the six month processing time goal. Comments should include information about why the commenter's submission should be considered, and should not go beyond the scope of the rule being addessed. It is an opportunity for you to participate in the process. Let them know what you think.


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Tip of the Day

Making ILW.COM Your Home Page

For a Web user, the home page is the first Web page that is displayed after starting a Web browser such as Netscape's Navigator or Microsoft's Internet Explorer. A number of our site readers have made ILW.COM their home page for their Internet Explorer or Netscape browser. Making ILW.COM your home page is a convenient way to keep up with the latest immigration news. It is also useful to have ILW.COM as you home page if you need quick access to government processing times, the visa bulletin, immigration forms, 245(i), the Attorney Directory or any other immigration related information. Here's how to make ILW.COM your home page:

In Microsoft Internet Explorer 5 or Higher:

  1. In the Tools menu, choose Internet Options
  2. In the Home Page area, type in
  3. Click OK. From then on, when you start up Internet Explorer, ILW.COM
  4. will be your starting point.

In Microsoft Internet Explorer 4 or Less:

  1. In the View menu, choose Options.
  2. Click on the Start and Search Pages tab. (note: some versions have a Navigation tab instead of a Start and Search Pages tab.)
  3. Choose Start Page in the popup menu.
  4. In the Home Page area, type in
  5. Click OK. From then on, when you start up Internet Explorer, ILW.COM will be your starting point.

In Netscape Navigator:

  1. In the Edit menu, choose Preferences.
  2. Select Navigator on the left side of the pop-up box.
  3. Under the Home Page area, in Location, type in
  4. Click on OK. From then on, when you start up Navigator, ILW.COM will be your starting point.

Once you've set this up, ILW.COM will be the first page retrieved when you access the Internet on your computer, and whenever you need to return to ILW.COM, just click on "Home" (the button with a picture of a house on it) on your browser's tool bar and you'll come back to ILW.COM.

ILW.COM Featured Article of the Day

The Diversity Visa Lottery Program Becomes Even More Complicated
Bernard P. Wolfsdorf and Naveen Rahman write about the recent changes to the DV Lottery program.

Immigration News

INS Plans Fee Increase
The INS announces its plans to seek public comments on its intentions to change its fee structure for immigration and naturalization services. For a table of the new fees, click here.

Fear of Persecution Must be Objectively Reasonable
In Menjivar v. INS, No. 00-3135 (8th Cir. Aug. 7, 2001), the court updheld a denial of asylum finding that even if Petitioner's fear of persecution was subjectively real, he had produced almost no evidence that it was objectively reasonable. The court has made available the Appellee's brief and Appellant's brief.

Immigration in the Press

Critics Protest Fee Plan of INS
According to the Miami Herald local immigration advocates and attorneys asy a proposal by the INS to raise the fees it charges immigrants will create additional hardship and hurdles for those trying to legalize their status.

ILW.COM Chats and Discussions of the Day

Chat with Fariba Faiz
Fariba Faiz will answers questions on all aspects of immigration law on Wednesday, August 8, 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 8, 2000

"According to an article in the Memphis Commercial Appeal thieves target immigrants because they think most of them are illegal and, therefore, don't have bank accounts and carry cash around. Exacerbating the problem, many Hispanics are unlikely to report crime because they fear the federal Immigration and Naturalization Service, police brutality or not being able to communicate in English. Memphis is trying to attack both sides of the problem. Banks are using the Spanish media to let people know they can open bank accounts with a taxpayer ID number if they do not have a social security number. The police are actively recruiting more Hispanic officers and meeting with community leaders to assure them that the department's goal is to reduce crime, not act as an enforcement arm for the INS. Simply because a person is present in the United States without the knowledge or approval of the INS does not mean he should be subject to a greater fear for his safety, or his life."

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

Dear Editor:

With so much on the web, it's important to be able to find a daily summary of Immigration news to keep up-to-date. Recently you published the DOL Regulations on conversion to RIR faster than any other site, and in a convenient easy-to-print form as well. I have also found Angelo Papparelli's H-1B articles not only informative and well written, but providing excellent footnotes for hard-to-find source materials. That's why I ready Immigration Daily every morning before beginning my work day.

Fowler, White, Burnett,
Hurley, Banick & Strickroot, P.A.
Miami, Florida


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

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.

American Immigration Lawyers Association 2001 Fall CLE Conference "It's a Border Thing" September 14, 2001, La Mansion del Rio Hotel, San Antonio, Texas. Register before August 24, 2001, and save $$. Receive discounted hotel rates when you make hotel reservations by August 20, 2001. Visit the Conference section of to obtain registration and hotel information. Don't Miss This Exciting Conference!

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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