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Immigration Daily

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Immigration Daily
Arthur L. Zabenko, Esq., Legal Editor
August 9, 2001
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Editor's Comments

On August 8 we held the first of our three-part teleconference & e-mail seminar series "On the Cutting Edge: H-1B Practice and Strategy with Angelo Paparelli and Steve Yale-Loehr." The two noted speakers provided an in-depth examination of H-1B issues including the definition of specialty occupation, documenting the beneficiary's qualifications, establishing that there is an actual job opportunity, the importance of exploring the beneficiary's past immigration history, the problems of dual representation of employer and employee, portability issues and recent development such as premium processing. The hour presentation by the speakers was followed by a half hour of questions and answers with the participants. For a detailed seminar syllabus of the remaining remaining two sessions of the teleconference and e-mail seminar series, click here. For more information, or to sign up online, click here. To sign up by mail/fax, click here.


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Membership with ILW.COM has proved beneficial for attorneys in generating new business and improving the quality of service attorneys offer their clients. ILW.COM lawyers can hold moderated chats in our chat room, which provides publicity resulting in paid business. All attorney members are entitled to the use of our Case Tracking System, a communication tool designed to improve the productivity of an attorney's office and save him/her time and money.

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Tip of the Day

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The "share this page with a friend" selection is available on the bottom of every page on our website. It is also found on the bottom left-hand corner of the blue menu strip. To use the "share this page with a friend" option simply

  1. click on the "share this page with a friend" link
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ILW.COM Featured Article of the Day

Physicians: If There Were Fewer IMGs, Who Would Replace Them?
Carl Shusterman writes that calls for a reduction in the supply of new International Medical Graduates (IMGs) to are is tantamount to calling for an end to the food stamp program in order to reduce obesity in America!

Immigration News

Proposed INS Fee Increases
The INS has published in the Federal Register its proposed fee increases. For a pdf version click here.

Comment Requests
The INS has asked for comments on the I-690, Application for Waiver of Grounds of Excludability, and I-92, Aircraft/Vessel Report. Samples of the forms were not published in the Federal Register.

Circumstances Determine Particularly Serious Crime
The court in Yousefi v. INS, No. 00-1328 (4th Cir. Aug. 8, 2001), found that the Immigration Judge and Board of Immigration Appeals's (BIA) determination that "assault with a deadly weapon" was a "particularly serious crime" rendering Petitioner ineligible for asylum was arbitrary and capricious because they had not considered the circumstances and underlying facts of the conviction and whether the circumstances of the crime indicated that Petitioner would be a danger to the community.

IIRIRA Limitations on Habeas Review of Expedited Removal Upheld
In Li v. Eddy, No. 99-35814 (9th Cir. Aug. 8, 2001), the court found the district court had properly dismissed Petitioner's habeas petition challenging her expedited removal.

California DUI Not an Aggravated Felony
The court in US v. Trinidad-Aquino, No. 00-10013 (9th Cir. Aug. 8, 2001), determined that a California conviction for driving under the influence of alcohol with injury to another is not a crime of violence and so not an aggravated felony for immigration purposes.

Summary Judgement Denaturalization for Nazi Camp Guard
In US v. Wasylyk, No. 1:99-CV-1991 (N.D.N.Y. July 2001), the court granted summary judgement revoking Defendant's citizenship based on his admissions service during World War II as a guard at Nazi-operated forced labor camps.

Congress Plans for Immigration Action in the Fall
House Judiciary Committee Chairman Sensenbrenner and Immigration and Claims Subcommittee Chairman Gekas stated when Congress returns in the fall, the Judiciary Committee will be holding hearings on the INS' performance, its chronic problems, and how to restructure the agency to effectively deliver its services. Also, this month we will begin drafting comprehensive INS reform legislation that should attract solid bipartisan support in Congress.

Immigration in the Press

A New Deal With Mexico
Former INS Commissioner Doris Meisner writes in the Washington Post that what's needed is for the US and Mexico to commit now to erase the need for unauthorized migration.

This Day in Immigration

From August 9, 2000

"A common misunderstanding is that anyone who has a legitimate fear of persecution is eligible for asylum. Asylum can only be granted if there is a well-founded fear of persecution based on one of five enumerated grounds-race, religion, nationality, membership in a social group or political opinion. The definition of social group has been stretched to cover many situations, but not victims of domestic violence in societies where such violence is socially acceptable. In a recent decision an Immigration Judge granted withholding of removal under the Convention Against Torture (CAT) to a victim of domestic violence who had previously been denied asylum. Under CAT no one can be removed to a country where the person will face torture. Granting withholding to victims who face torture and possible death is consistent with American ideals of justice. Being the victim of domestic violence may not make someone eligible for asylum, but the law still has a way to prevent people from being returned to countries where they will suffer torture or death."

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:

Sometime ago I wrote you asking guidance about the many swindlers that are stealing money from incautious immigrants with promises to "fix their papers" but actually not doing anything and milking them thousands of dollars. Right now there is a woman offering to get relatives of immigrants into the country with a $1,000 payment to the INS and a fee for her of $2,000. She has gone in the air at a local radio station with that offer.

I have not received help from the INS, they are only interested in fraud. They have recommended going to the DA's in the area. That is asking too much of illegals that do not to expose themselves. I am in California and the businesses of these swindlers are all over the place. Many people believe they are dealing with INS because they have names like "Immigration Services." Right now, one of these swindlers is holding a labor certificate of a person, keeps asking for money but doesn't submit the certificate with the I-140 to the INS. He is milking this poor person and doesn't even tell the client what is the process so the client doesn't know what is he next step. I have come across many Latinos in the area that have been swindled by the same particular person.

I will appreciate whatever guidance you can give me as to what can be done to remedy this unfortunate situation.

Magdalena Villaronga


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 remaining teleconferences will take place Wednesdays 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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Editorial Advisory Board
Marc Ellis, Gary Endelman

Copyright 2001 American Immigration LLC, ILW.COM