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Immigration Daily

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Immigration Daily
Arthur L. Zabenko, Esq., Legal Editor
August 31, 2001
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Editor's Comments

In addition to the recent redesign on our homepage, ILW.COM has changed the menu strip on the left hand side and the cross links which appear at the bottom of many pages. The menu strip contains more sections than the older version. It also includes two different searches - one for information immigrants and employers are likely to need and the other for information needed by attorneys. The cross links at the bottom also highlight new sections. Our goal is to make it easier for you to find the answers you need among the more than 25,000 pages of information on the site. Your suggestions and comments are welcomed at


Friday is the Last Working Day to Sign up for H-1B Seminar!

Angelo Paparelli and Stephen Yale-Loehr will discuss H-1Bs on Wednesday, September 5, in ILW.COM's seminar series. Friday is the last working day before the sign-up deadline. Click here to find out more info and/or to sign up online. To signup by FAX click here.

Tip of the Day

Place the ILW.COM Logo on Your Web Page!

ILW.COM is a vast resource of immigration information. Some of our readers link to our site so they can share with visitors to their pages the benefits of the information we offer. Additionally, attorneys who are members of ILW.COM may want to display an ILW.COM logo on their web page to gain a competitive edge by showing potential clients they have access to all the advantages of ILW.COM membership, including case tracking.

If you want to place the ILW.COM logo on your web page, you can choose from two sizes. Simply follow the instructions below.

Cut and paste the following HTML text at the appropriate place on your web page:

SMALL LOGO: ILW.COM - The Immigration Portal

< a href=""><img src="" alt="ILW.COM - The Immigration Portal" width="126" height="51" border="0" > </a>

LARGE LOGO: ILW.COM - The  Immigration Portal

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ILW.COM Featured Article of the Day

The ABCs of Immigration - F-1 Student Visas Part I
In the first of two articles Greg Siskind and Amy Ballentine write about how to obtain a student visa, enter the US as a student and maintain student status.

Immigration News

Court Has No Jurisdiction to Review BIA Determination
In Ismailov v. Reno, No. 00-3239 (8th Cir. Aug. 30, 2001), the court concluded it had no jurisdiction to hear Petitioner's claim that the Board of Immigration Appeals (BIA) erred when it determined that he had not demonstrated extraordinary circumstances relating to his untimely asylum application. The court has made available the Appellant's brief, Appellee's brief, and Appellant's reply brief.

14 Aliens in Motorhome Lead to Enhanced Sentence
The court in US v. Angwin, No. 00-50276 (9th Cir. Aug. 30, 2001), upheld the conviction of Defendant who was transporting fourteen illegal aliens in his motorhome for bringing in illegal aliens including a sentence enhancement for creating a substantial risk of death or serious bodily injury because the motorhome was overcrowded and the aliens were not restrained by seat belts.

Removal of Condition for Immigrant Investors
A 1998 memorandum from Todd David Peterson, Deputy Assistant Attorney General, concludes that INS lacks the authority to grant a removal of conditional status for an alien entrepreneur if the initial underlying petition was deficient. [Courtesy of Stephen Yale-Loehr].

Updated Information for Fiance(e)s
The INS provides a new page of information on how to change a fiance(e)'s status to legal permanent resident

Immigration in the Press

How Mexico's Immigration Stance Shifted: Brothers' Vision Guides Fox's Approach to US
The Washington Post reports that Andres Rozental and his half-brother Jorge G. Castaneda have played leading roles in engaging the United States and Mexico in their most serious negotiations in decades aimed at reforming their immigration policies.

This Day in Immigration

From August 31, 2000

"No Intent Required to be "Found in" the United States In a ruling on pre-trial motions in US v. Grieveson, No. IP00-0071-CR 1 B/F (S.D. Ind. August 28, 2000), the court noted that the 7th Circuit is the only one which has considered the questions to find any mental state requirement in the offense of being an alien who has been deported and thereafter is found in the United States without the express consent of the Attorney General to reapply for admission does not include a specific intent element. The court concluded that the offense "does not include a specific intent element, and to the extent it gives rise to an affirmative defense, the defense is limited to a showing of a reasonable belief on the part of the defendant that he had received the prior permission of the Attorney General to re-enter 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

I am writing to inquire how long one will have to wait once they have filed the I-129F petition so that a K-3/K-4 visa may be issued to the spouse and child of the applicant.

Thank you,

Editor's Note: We encourage readers to submit information on processing times, including for the K-3/K-4 visas, to


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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