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Immigration Daily

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Immigration Daily
Arthur L. Zabenko, Esq., Legal Editor
August 15, 2001
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Editor's Comments

Without advance notice or ballyhoo the INS has published an interim rule implementing the K-3 and K-4 visa provisions of the LIFE Act. As the INS notes in the commentary the publication of the rule as an interim rule with post-promulgation comments is necessary because eligible aliens have already filed application with INS local offices using the wrong forms and not providing sufficient information for the INS to adjudicate the petitions. The INS will return these forms.

Only spouses of US citizens are eligible for K-3 visas and the unmarried children under 21 of the spouses eligible for K-4 visas. Under the interim rule the US citizen must have filed an I-130 for his/her spouse. An I-129F must then be completed except for section (B)(18) and (B)(19), filed with and approved by the INS. Applications for K-3/K-4 status should be sent to INS, P.O. Box 7218, Chicago, IL 60680-7218. When the I-129F is approved, the INS will notify the consulate specified in the petition. If the marriage took place abroad, the INS will notify a consulate in the country where the marriage took place. If the country does not have a visa issuing post, the visa must be issued at the consulate having jurisdiction to issue immigrant visas to nationals of that country. Aliens applying for K-3/K-4 visas are not exempt from the 3/10 year bar for unlawful presence in the US. After inspection K-3/K-4 nonimmigrants will be admitted for a period of two years. For an extension beyond two years a K-3/K-4 must file an I-539 with evidence an I-485 or immigrant visa has been applied for. They will not be able to change from K status to any other nonimmigrant status in the US. K-3/K-4 nonimmigrants are eligible for work authorization, but will need to file and I-765 along with evidence that they are pursuing the immigration process. Unlike K-1/K-2 nonimmigrants, the K-3/K-4 can travel outside the US and return without filing for advance parole. The rule is effective August 14, 2001, and any written comments must be received by October 15, 2001.


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Tip of the Day

What is DSL?

"DSL" stands for Digital Subscriber Line. DSL is a network access technology. It transforms a traditional phone line into a high-speed digital link to provide broadband Internet access. It uses special modems encode the data and then transmit it over an unused frequency on the phone line. With DSL you have a stable Internet connection that allows you to host your own Web site, connect branch offices of a small business, and to surf the Internet faster at any time of the day or night.

Cable modems are DSLs' closest competitors. They rely on much of the same technology and provide similar service. Both cable and DSL use special modems and Ethernet cards for the same type of always-on connection. People prefer using DSL instead of traditional dial-up modems because DSL is much faster. Unlike DSL, cable modem users share lines. The more people connected to the line, the slower the connection speed will be. Many people also prefer DSL to a cable modem because a cable modem is considered to be less secure and less reliable. Sharing lines creates a security risk because it is easier for hackers to gain access to incoming and outgoing files and e-mail messages. One other notable advantage to having DSL is that one phone line can carry both voice and data, so you can use an existing phone line to carry DSL data.

Several factors can affect the quality of your DSL connection, including how close you are to the DSL provider and what security features are available. With DSL, whenever the computer is on you are connected to the Internet. DSL modems typically lack security features so it is important to make the connection more secure. You can easily protect yourself by shutting down after each use, reducing the number of hours you use your computer, and keeping an up-to-date antivirus program running at all times. It is highly recommended that DSL users install a personal firewall (software that prevents certain data from entering or leaving your computer and costs between $40 to $50).

Both DSL and cable services are affordable (most DSL access starts at $39.95 per month), and you can find deals by shopping. DSL service is available from a number of local telephone companies, local Internet Service Providers and resellers (third party companies) such as Covad, Roadrunner, NorthPoint. With the current situation of dotcom companies, we recommend checking the permanence of the company if you plan to use a reseller for you DSL services.

ILW.COM Featured Article of the Day

Second Circuit DWI Decision Prompts Strong Dissent
Carl R. Baldwin writes about the recent second circuit decision in Dalton v. Ashcroft, No. 00-4123, (2nd Cir. July 20, 2001).

Immigration News

K Visa Regulations
The INS has issued an interim rule and request for comments implementing the K visa nonimmigrant classification for spouses of US citizens and their children as provided in the LIFE Act.

Vacated Conviction Still an Aggravated Felony
In Murillo-Espinoza v. INS, No. 00-70096 (9th Cir. Aug. 14, 2001), the court found that it had no jurisdiction to review the final order of removal of an alien whose aggravated felony conviction had been vacated by the Arizona state court because the Board of Immigration Appeals's (BIA) interpretation that such conviction was unaffected by the subsequent vacation was a permissible construction entitled to agency deference.

CO Cannot Require Certified Mail
In M.N. Auto Electric Corp. 2000-INA-165 (BALCA Aug. 8, 2001)(en banc) the Board of Alien Labor Certification Appeals (BALCA) concluded that a Certifying Officer (CO) cannot required an employer to use certified mail, return receipt requested, to prove actual contact with US applicants.

Immigration in the Press

New Immigration Plan Raises New Issues
According to the San Diego Union-Tribune US and Mexican negotiators are steering away from the traditional notion of either an amnesty or guest-worker program as they work to draft a new approach to managing immigration.

ILW.COM Chats and Discussions of the Day

Chat with Kevin Levine
Kevin Levine will answers questions on all aspects of immigration law on Wednesday, August 15, 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 15, 2000

"Conviction for Transporting Illegal Aliens In US v. Pena-Gutierrez, No. 99-50057 (9th Cir. August 11, 2000), the court upheld Pena-Gutierrez's conviction for bringing into and transporting within the US illegal aliens. The Ninth Circuit found that even though the district court had erred on two counts the errors were harmless and Pena-Gutierrez failed to demonstrate either bad faith or prejudice by the government."

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

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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