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Immigration Daily

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Immigration Daily
Arthur L. Zabenko, Esq., Legal Editor
August 14, 2001
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Editor's Comments

We have received two letters to the editor. While the circumstances are different, the underlying theme is the same - families torn apart and lives put on indefinite hold because of immigration laws. It is certainly easier to make laws in the abstract than in the face of single mothers, innocent children, or husbands and fathers separated from the families they are trying to support. These humane concerns may be what led Judge Pregerson in dissent to Valderrama v. INS, No. 99-71591 (9th Cir. Aug. 13, 2001), to be willing to grant a stay of an deportation order on the chance the the INS or the BIA might exercise its discretion and allow a reconsideration of Petitioner's case. Instead of placing judges in the position of feeling they have to resort to judicial law making, Congress should keep in mind that immigration laws are ultimately about people's lives.


An Attorney Speaks About the H-1B Seminar Series:

Dear Angelo/Steve,

I want to compliment you on an excellent presentation. There were some exceptionally complex issues addressed. Best wishes for this series and those to follow.

Stephen B. Horton, Esq.
Senior Attorney
Law Offices of Richard S. Goldstein
New York, NY

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

Immigration Information on ILW.COM

To make it easier for our site visitors to find the immigration information they need we have grouped it under four headings - Family, Employment, Visitors and General information. Each section includes INS and Attorney FAQs, relevant articles, the visa bulletin and INS processing times. The Family section includes information on adoption, sponsoring family and marrying abroad. In the Employment section professionals can find information about H-1Bs and labor certifications and employers can find information on petitioning the INS for their employees and how to complete properly the I-9 Employment Verification form. Travelers and tourists will find information on how to extend their B-2 visas and exchange programs. The General immigration section includes information for students and topics such as deportation, naturalization and immigration policy. ILW.COM is a platform for the exchange of information. The Immigration Information section offers information for all your immigration

ILW.COM Featured Article of the Day

DOL Promulgates Conversion Regulation to Expedite Labor Certification Applications
Cyrus D. Mehta writes about the Department of Labor's final rule allowing employers with pending "traditional" labor certification applications to convert them into "fast-track" reduction in recruitment (RIR) applications while preserving the earlier filing date.

Immigration News

Weapons Charge not Linked to Harboring Aliens
In US v. Singh, No. 00-40946 (5th Cir. Aug. 10, 2001), the court agreed with Defendant's argument that a charge of being a felon in possession of a firearm should have been severed from the charge of harboring aliens for commercial gain because the firearms charge was unrelated to the harboring, but allowed the government to introduce inflammatory evidence resulting in an unfair trial.

Right to Appeal Waived Knowingly and Voluntarily
The court in US v. Cervantes-Moreno, No. 00-1533WM (8th Cir. Aug. 13, 2001), the court found that the Defendant had knowingly and voluntarily waived his right to appeal and based on Defendant's counsel's Ander's brief allowed counsel to withdraw.

Court Denies Alien Windfall
In Valderrama v. INS, No. 99-71591 (9th Cir. Aug. 13, 2001), the court refused to stay Petitioner's deportation to allow her to reopen her deportation proceedings and apply for adjustment of status on the basis of her marriage to a US citizen because granting such a stay would give an alien who happened to appeal a windfall denied to aliens who had not.

Separate Appeals for Deportation and Denial of Motion to Reconsider
In De Guzman v. INS, No. 00-9526 (10th Cir. Aug. 10, 2001), the court pointed out that an appeal of a deportation order is separate from an appeal of a subsequent denial of motion to reconsider, and dismissed the Petitioner's appeal of an untimely filed motion to reconsider.

Immigration in the Press

Organized Labor Pushes for Legalization of Immigrants
According to the Nando Times organized labor is pressing for legalization of millions of immigrants who are living illegally in the US, criticizing a temporary work program the Bush administration is considering.

This Day in Immigration

From August 14, 2000

"Conyers Bill to Restore Fairness to Immigration The text of H.R. 4966, Rep. Conyers's "Restoration of Fairness in Immigration Law Act of 2000," has been released. The bill would reverse many of the changes made by IIRIRA including restoring judicial review, allowing discretionary waivers for minor felonies, reducing the length of bars to inadmissibility, making 245(i) permanent, restoring discretionary determination for voluntary departure, and eliminating time limits on asylum applications."

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:

In March of 2000, I married an illegal immigrant in the United States, whom I had been with for over a year. In April of 2000, I filed the I-130 petitioning for my spouse. We were notified in February of 2001, that he needed to go to Juarez, Mexico for his visa interview. That interview was April 17, 2001. He went and was then given a 10 year bar from the United States due to being in the United States longer than one year. Unfortunately, we knew nothing of the 245(i) bill, that was currently active in the United States. He didn't even need to go to Juarez, we could have paid the penalty of 1,000$ and he would still be here. I feel like someone with INS or the Visa center, or anyone who was processing our I 130 should have let us know that he did not have to go to Juarez for that interview. I have appealed the case, and it was denied. I had done all the paperwork exactly how I was instructed by INS, the Visa Center, and the American Consulate. I did not seek legal consultation because they were instructing me. Now, my husband is in Mexico for 10 years, we are expecting our first child in October. Help, what can I do to get my husband home to the United States?. He never broke the law, he just stayed longer than one year, and he was illegal, and went back to Mexico to the American Consulate in Juarez Mexico to get his Visa because that is what we were told to do. We would have even beat the April 20th 2001 deadline of the 245 (i). What should I be doing now? I need my husband home.

Crystal K. Williams Serrano

Dear Editor:

I'm a 19 year old and I have one problem. My parents came here in '89 and stayed longer than they were supposed to then tried to go to Barbados to get their documents and took me and my brother right along. The only thing is they didn't give us the documents so we all had to come up here after a year and a half away from this country and come back the "wrong" if you know what i mean.

What my parents are clamoring for is an amnesty, in the mean while I cant travel to China or do the things I'd like without proper documentation, you know. I was thinking is there a way I could go to court and get independence from them and state that I had no choice in my parents bad choices, I was too young to know of the risk and now I'm in a situation I don't want to be in. It seems every little chance there is it doesn't pertain to us and its harder for us because we came in the wrong way the second time.

I can't even speak to my parents about this 'cause they don't want to tell me anything but don't worry. But I am worried and I want more answers. If there is something I could do like filing for independence from parents, or marrying a US citizen please tell me.

I really need help. I'm in this position cause I'm their child. Thats not fair and I'd like to know what I can do to get my citizenship. Please help.

Thank you,


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

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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