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Immigration Daily

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Immigration Daily
Arthur L. Zabenko, Esq., Legal Editor
August 29, 2001
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Editor's Comments

Six people have taken time to write letters to the editor. ILW.COM encourages correspondence on all matters related to immigration law. Please send letters with information on the actual processing times at the INS Service Centers and district offices to Please send all others to


Stay on the Cutting Edge of H-1B Issues!

Many attorneys tell us that the number of H-1B petitions they file has gone down significantly in recent months, and that this has resulted in reduced revenue for their practices. One way to make up for the short-fall is by increasing your H-1B knowledge and skills which can (1) justify increased fees and (2) improve your competitive positioning. You can make the increased H-1B complexity work for you, not against you!

Act now! For more info on the H-1B seminar series presented by Angelo Paparelli and Stephen Yale-Loehr, click here:
to sign up by mail/fax, click here: lawyers/immigrationdaily/news/seminars/pdf

Here is a testimonial from an attorney attending the seminar: "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.

Stay on the Cutting Edge of H-1B issues! We hope to see you at the seminar on September 5th!

Tip of the Day

Attorney Chat

ILW.COM hosts live chats with immigration attorneys two times a week. For immigration attorneys, participating in a chat provides many benefits. Many chat attorneys have commented that after each chat they receive numerous inquiries that often lead to paid business in actual cases. ILW.COM chat attorneys have also found that their name recognition has increased and participating in the chat leads to a great amount of public exposure. ILW.COM provides links to the attorney's web page and the web statistics show that the websites get a large number of page views both before and after the chat.

ILW.COM vigorously markets the chats through various other websites and listservs. Before a chat session ILW.COM provides the attorney with a free half hour training session at the attorney's convenience in which we show the attorney how to use the chat program and make sure they have the appropriate equipment. Each live chat session lasts for one hour.

ILW.COM later revises the chat transcripts and posts the scripts on the website. By posting the chat transcripts the one-hour that the attorney has invested in conducting the chat becomes a permanent way of making the attorney's services known to potential clients. Many site visitors go through previous chat transcripts in order to see if questions similar to theirs have already been answered. Many attorneys who have participated in ILW's chats have enjoyed the experience and have returned to chat with us again. If you are interested in participating as an attorney on a live chat, please contact us at

ILW.COM Featured Article of the Day

Immigration Legislation Proposed to Ease Healthcare Worker Shortage
Greg Siskind and Amy Ballentine write about HR 2705, the Rural and Urban Health Care Act of 2001.

Immigration News

BIA Can Apply Changed Law
The court in Okpa v. INS, No. 97-2358 (4th Cir. Aug. 28, 2001), the court determined that the Board of Immigration Appeals (BIA) did not err when it applied the standard of "extreme hardship" instead of the standard of "plain hardship" which was the applicable standard at the time the INS started proceedings.

Insufficient Evidence of Persecution
In Mbonu v. INS, No. 00-3469 (8th Cir. Aug. 28, 2001), the court agreed with the Board of Immigration Appeals (BIA) that the evidence did not support Petitioner's assertion that he had suffered past persecution and had a well-founded fear of future persecution. The court made available the Appellee's brief and Appellant's brief.

Information in Spanish on N-400 and K Visa
The INS has released Spanish versions of its news releases on the new N-400 form and the K visa.

Immigration in the Press

Dying to Work: The Human Face of Illegal Immigration
The Arizona Republic and KPNX News have undertaken a 10-week project to examine why so many people risk their lives to cross the Mexican border into the US. .

ILW.COM Chats and Discussions of the Day

Chat with Greg Siskind
Greg Siskind will answers questions on all aspects of immigration law on Wednesday, August 29, 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 29, 2000

Only Nixon Could Go To China In "Only Nixon Could Go To China" an open letter to presidential candidate Al Gore, Gary Endelman, Esq., addresses the issue of immigration and labor in the United States.

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:

Re: your August 28, 2001, blurb: "Illegal Aliens Vulnerable: In US v. Mendoza, no. 00-10276 (9th Cir. Aug. 27, 2001), the court found that a sentence enhancement for vulnerable victims was appropriate for a defendant who sold false immigration documents to illegal aliens"

Color me politically correct, but I proudly fly the "no human being is illegal" flag.

Undocumented, please.

Daniel M. Kowalski

Dear Editor:

Being the director of the largest Swiss-based US-immigration company, I would like to comment on the new photo requirements for diversity visa lottery applications. First of all is the format of 2 by 2 inches impossible to achieve with the machines that we mostly have in Europe and many of our applicants do not want to spend the money a Swiss photographer charges for this. Secondly and more important is the fact that nobody in the state department has thought of alternative photo instructions for applicants that are living separated from their spouses or children. Following the regulations one has to list a legal spouse and all legal children, but what if photographs can not be obtained from those? Will an explanation of the circumstances be accepted as substitute of a photograph? We have decided to mention separation or similar circumstances in those cases. What are other lawyers thinking of this?

With best regards,
Matthias Pfeiffer, MBA

PS: I am a reader of your daily and weekly newsletter and can only congratulate you on this very important tool. I wouldn't mind if you published my letter in one of the above mentioned media.

The following were received in response to our request to send information on processing times to

Dear Editor:

My notice of receipt is dated Sept 8, 2000, for my I-130. I am a US born citizen filing for my wife. I have not heard anything from the TX INS Serv. center, so I think your indicated processing time is incorrect for TX service center.


Dear Editor:

Reading in your recent publication about the processing times, I would like to point out that my H-1 B application in the Nebraska center has a notice date of June 19th. As of July 30th the center was processing June 11th notice date applications. If I have not received my approval by now, is there a problem?

Ashish Talwar

Dear Editor:

My I-140 (EB-3) was filed with Vermont on March 28, 2001. Got approved August 14th. Rather quick considering your website states they're processing petitions filed in December last year. Any insights as to why some petitions take really long, others don't?

Thank you,

Dear Editor:

The Date of Cases Pending Initial Adjudication for I-485 Adjustment Asylee as reported by Nebraska Service Center (6-2-98) hasn't moved for several years. Any reasonable explanation for that? What is the real date of applications being currently processed by NSC? The Processing Time (969 to 999) is by far less than the actual processing time. It is taking up to 5 years to get applications filed in 1998 to be processed. Understanding that there is a quota of 10000 visas per year for this type of cases, what is the real processing time for applications filed in October '98? Will they be processed in FY 2002?

Alberto Pena


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 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.

American Immigration Lawyers Association, Central Florida Chapter (AILA-CFC) will be holding its 15th Annual Advanced-Level Immigration Law Seminar on October 26-27 at the Renaissance Orlando Resort, Orlando, Florida. Discounted hotel rates are available from the resort. Point of contact for information/registration is Steve Zawacki, or 407/831-6644.

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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