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Immigration Daily

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Immigration Daily
Arthur L. Zabenko, Esq., Legal Editor
September 10, 2001
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Editor's Comments

In response to Mexican President Vicente Fox's calls for action on migration issues, the Senate has passed an extension of 245(i). Sen. Daschle noted that, "President Vicente Fox's historic visit has helped to focus attention on the need to re-craft our immigration policies in ways that better reflect our core values of family unity, fundamental fairness and economic opportunity. Passing the Section 245(i) Extension Act of 2001 sends a clear message that we are truly committed to providing real immigration reform." Sen. Leahy, "hope(s) that the approval of this bill serves as a signal of the Congress' willingness to work with the Mexican Government to achieve our common goals, and to maintain fair immigration policies." Describing 245(i) as addressing the immigration issues raised recently by Presidents Bush and Fox is at best misguided it not outright disingenuous. 245(i) provides humane relief for a relatively small number of people who would otherwise be eligible for permanent resident status except that they are not currently in the US legally. It does nothing for the, probably millions, of people in this country who have no immediate relative to file a petition for them and are filling service sectors jobs for which labor certification may be unlikely. A genuine gesture of commitment to immigration reform would be legislation providing for the regularization of the millions of workers in this country without benefit of proper documentation.


Please Stop by and Say Hello!

If you will be at AILA's Fall 2001 CLE Conference in San Antonio, Texas on Friday, September 14th, please stop by and say hello to ILW! We will be exhibiting between 8:00 a.m. and 5:30 p.m. We are interested in your comments on Immigration Daily, our website and our products. A member of the ILW.COM team will be arriving in San Antonio one day in advance of the conference to give demos to attorneys interested in ILW.COM products, particularly case tracking. If your office is in San Antonio, and you would like a demo at your office, please send an e-mail to If you are visiting San Antonio and would like to have a private, one-on-one demo of case tracking on September 13th, please send an e-mail to The demo will not merely be technological. We will be happy to share with you the business insights we have gleaned, and explain how you can use case tracking as a major competitive advantage for your firm. Even if you are not a customer or prospect, we would appreciate your comments on our website and Immigration Daily. If you will be at the San Antonio Conference, we look forward to saying hello to you.

Tip of the Day

Improved Printing from ILW.COM

In response to requests from readers, ILW.COM has added a "Print this Page" feature to Immigration Daily pages. Some readers pointed out that it they used the "print" button on the browser, some words at the right hand side of the page would be lost. Clicking on the new Print this page will automatically remove all advertisements, sidebars, etc. and give you a plain text version of the page formatted to fit a standard sheet of paper. Print this page allows you to print the Daily, cases, Congressional Record, Federal Register, INS, DOS DOL items and featured articles to read when you are away from your computer and to save for future reference.

For pages which do not have the Print this page feature, we suggest the following solutions:

  1. Printing from your Internet Browser: Go to the "File Option" on the menu bar on either the Netscape or Internet Explorer then choose "Page Setup." Adjust the settings of the right and left margins to about 0.25 inches respectively. The top and bottom margins need not be adjusted. Hit "OK." Go back to your "File Option" and click on "Print" and then "OK."

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    If this does not work for you, print the page in landscape format. To print in landscape mode open the print dialog box. It will have a "Properties" button. Click on it and change the orientation of the paper from "portrait" to "landscape." Hit "OK" and "print."

  3. Paste text into your word processor: In order to avoid printing our menu strip, place your mouse over the start of the article you want to print. Click down and drag your mouse to the end of the article while keeping the mouse pressed down. This should highlight the entire article. Now select the "Copy" menu item from the "Edit" menu of your browser. Start your word processor with an empty document. Select "paste." Now use the print function of your word processor.
  4. Highlight the text in Internet Explorer: Rather than copying and pasting the information into your word processor, many readers have found that they are able to highlight the relevant text and then select the "Print" menu item under the "File" pull down menu of Internet Explorer. After selecting the Print menu item, select the "Selection" radio button under "Print Range." Otherwise it will still print the whole document even if you have highlighted only a portion of it. The information should print out with the appropriate width and without cutting out any text. Unfortunately, this method seems to work only in Internet Explorer.

ILW.COM Featured Article of the Day

"A Moveable Feast": New and Old Portability under AC21 § 105 (Finale)
In the final installment of the article by Angelo A. Paparelli and Janet J. Lee we reprint all the sections with the authors' conclusion.

Immigration News

V Visa Regulations
The INS has issued an interim rule with request for comments implementing the nonimmigrant V visa classification fro spouses and children of lawful permanent residents whose visa petitions have been pending with the INS more than three years.

Expanded Access to Immigration Records
The INs proposes to add six new routine use disclosure provisions to the system of records for Alien Files (A-Files), the Central Index System (CIS), and Alien Status Verification Index (ASVI).

INS News Release on V Visa
The INS has issued a news release outlining who is eligible for the V visa and how to apply. It is also available in Spanish.

Senate Passes 245(i) Extension
The Senate has passed an extension of 245(i) for beneficiaries of petitions file after April 30, 2001, who can demonstrate that the familial relationship existed before August 15, 2001, or the application for labor certification that is the basis of such petition for classification was filed before August 15, 2001.

Sen. Byrd Urges Debate on Immigration
In opposing and extension of 245(i) Sen. Byrd urges a national debate on immigration stating, "for all the talk we have heard in recent months from the administration about liberalizing our immigration laws, the President has not made any suggestions--I haven't heard them if he has made any--about how to pay for the additional infrastructure investments that will be required."

Sen. DeWine Confident in US-Mexican Cooperation
Sen. DeWine "confident that President Fox's visit to the United States will advance our growing and strengthening partnership and that both leaders will engage in constructive dialog to promote cooperation, enhance the security and prosperity of both nations, and enable each country to establish mutually agreed-upon goals in at least four areas: First, economic development and trade; two, the environment; three, immigration; and four, law enforcement and counterdrug policy."

Rep. Pence Looks Beyond Immigration
Rep. Pence immigration policy is crucial and should be the focus of discussions between the US and Mexico, but urges that we look beyond immigration to free trade issues.

Rep. Solis Calls for Immigration Reforms
Rep. Solis reemphasizes the need for immigration reform in the US, and wants to make sure that the people, the hardworking immigrants and the many families that she represents, are not lost in that debate.

Rep. Crowley Supports Pres. Fox's Efforts
Rep. Crowley supports "President Vicente Fox's effort to create a new immigration policy between the U.S. and Mexico which unites families separated by U.S. immigration law and provides the American economy with critical employees through the guest visa program."

Rep. Conyers Favors Work Authorization for Spouses
Rep. Conyers adds to the record favorable remarks on H.R. 2277 which provides for work authorization for E-2s and H.R. 2278 which provides for work authorization for L-2s.

Burden on Asylum Applicant to Show Relocation Unreasonable
In Lopez-Gomez v. Ashcroft, No. 00-60891 (5th Cir. Sept. 7, 2001), the court held that for asylum cases where the applicant does not past persecution and does not demonstrate that a national government is the persecutor, the applicant bears the burden of showing that the persecution is not geographically limited in such a way that relocation within the country would be unreasonable.

"Rule of Lenity" Does not Prevent Increased Sentence
The court in US v. Rivera, No. 00-20953 (5th Cir. Sept. 7, 2001), rejected Defendant's challenge to the characterization of a conviction for cocaine possession as an aggravated felony, and the argument that his sentence should be reduced by the "rule of lenity."

No Jurisdiction to Review Denial of Adjustment
In Beslic v. INS, No. 00-1191 (7th Cir. Sept. 7, 2001), the court rejected Petitioner's argument that a statue making inadmissible an alien attempting to enter the US to "evade any law prohibiting the export of goods, technology, or sensitive information," was unconstitutionally vague, and finding that Petitioner's challenge was was actually a challenge to the Board of Immigration Appeals' (BIA) decision to apply the inadmissibility statute determined that it had no jurisdiction.

No Habeas for Guilty Plea After Effective Date of IIRIRA
The Magistrate Judge in Barnes v. INS. No. 01-48-P-C (D. Maine Aug. 30, 2001), recommended that Petitioner's habeas motion be denied for numerous grounds including including that Petitioner's guilty plea was entered well after the effective date of IIRIRA.

Immigration in the Press

Can US Halt Illegal Migrants by Hosting More "Guests"?
According to the Christian Science Monitor US-Mexico talks may center on a controversial "guest worker" program that neither side likes very much.

ILW.COM Chats and Discussions of the Day

Chat with Mira Mdivani
Mira Mdivani will answers questions on all aspects of immigration law on Monday, September 10, 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 September 8, 2000

"Summary Judgment for Denaturalization In US v. Dailide, No 97-3340 (6th Cir. Sept. 5, 2000), the court affirmed a grant of summary judgment for denaturalization. The court found no genuine issue of material fact that Defendant participated in the persecution of Jews by serving the Lithuanian Saugamas under the Nazi regime and that he made a willful misrepresentation when he obtained a visa under the Displaced Person's Act by describing his activities during the period as 'practitioner forester.'"

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

Attorney Wanted For PART TIME position (about 20hrs/week) with FLEXIBLE HOURS to work on business cases. Experience required with RIR's, H's, L's, E's, O's and I-140's. Good writing skills, organizational ability, computer literacy, legal and Internet research skills essential. Scientific or financial background a plus. Foreign language fluency desirable. Opportunity to convert to full time and include work on asylum, domestic violence, removal cases, and federal court litigation. Small office setting provides congenial, informal working environment with immediate case responsibility. Salary DOE with performance bonus. E-mail resume with applicable writing sample, salary requirement, and references to or send via regular mail to Thomas E. Moseley, One Gateway Center-Suite 2600, Newark, New Jersey 07102 or FAX to 973-645-9493. For lengthy writing samples (5 or more pages) use e-mail or regular mail only.

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 final teleconferences will take place Wednesday October 3, 2001, at 1:00-2:30 p.m. Eastern (New York) time. It is 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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