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Immigration Daily

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Immigration Daily
Arthur L. Zabenko, Esq., Legal Editor
September 17, 2001
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Editor's Comments

With this issue of Immigration Daily we start another article in our ongoing series of Paparelli on Business Immigration. In "Update on Mergers and Acquisitions: Congress Toys with the H-1B (Part 1)" Angelo A. Paparelli and Susan K. Wehrer write that §401 of AC21 takes away much, but not all, of the paperwork drudgery associated with immigration-related compliance obligations in corporate restructurings that involve H-1B workers.

The INS New York District Office at 26 Federal Plaza is temporarily closed due to recent events in New York City. The Service has provided information on rescheduling appointments.

The Nebraska Service Center processing times have been updated.


Citations for Sept 5th Seminar on H-1Bs

Here are the citations for the H-1B seminar by Angelo Paparelli and Stephen Yale-Loehr conducted on September 5th.

For more info, or to sign up online, click here.
For more info, or to sign up by fax, click here.

Tip of the Day

Immigrant's Weekly

Some people may not need the thorough and detailed coverage of immigration news provided by Immigration Daily. For those people ILW.COM publishes the Immigrant's Weekly, a newsletter designed to provide the latest immigration news for immigrants. Instead of focusing on immigration law, Immigrant's Weekly is built around the immigrant experience and is intended to meet the needs of immigrants for immigration information. For the Immigrant's Weekly we sift through the week's immigration items to bring you the ones that affect your life and give you the immigration news you need to know.

We encourage readers to write to and share your immigration stories. We invite you to exchange your opinions on immigration issues and share your experiences with others on topics such as: What led up to your decision to move to a new country? Was it for a better job? a better education? to be with your spouse? What problems did you encounter? How did you decide which possessions to take and which to leave? What did your family and friends say? Did they encourage you in your decision or beg you not to go? And what did you find when you arrived? Was it as you expected, or nothing like you expected? If you or someone you know would like to receive free weekly immigration updates in the Immigrant's Weekly please subscribe on ILW.COM's home page or at

ILW.COM Featured Article of the Day

Update on Mergers and Acquisitions: Congress Toys with the H-1B (Part 1)
Angelo A. Paparelli and Susan K. Wehrer write §401 of AC21 takes away much, but not all, of the paperwork drudgery associated with immigration-related compliance obligations in corporate restructurings that involve H-1B workers.

Immigration News

INS and BIA Must Recognize Foreign Expungement
In Dillingham v. INS, No. 97-71038 (9th Cir. Sept. 14, 2001), the court held that the INS and Board of Immigration Appeals (BIA) violated Petitioner's right to equal protection when they failed to recognize the foreign expungement of Petitioner's prior conviction for possession of a controlled substance.

Possession of Stolen Car a Theft Offense
The court in US v. Vasquez-Flores, No. 01-4045 (10th Cir. Sept. 13, 2001), the court determined that possession of a stolen motor vehicle is a theft offense and thus an aggravated felony for purposes of immigration law.

Sufficient Evidence to Deny Asylum
In Mickeviciute v. INS, No. 00-9535 (10th Cir. Sept. 13, 2001), the court rejected Petitioner's argument that the Board of Immigration Appeals (BIA) erred in viewing her economic persecution claim as arising solely for poor country conditions and found that there was substantial evidence to support the denial of her claim for asylum based on political opinion.

INS New York District Office Temporarily Closed
The INS New York District Office at Federal Plaza is temporarily closed and has rescheduled appointments.

Senate Votes to Make S Visa Permanent
The Senate passed S. 1424, a bill to give permanent authority for the S visa which allows foreign nationals with critical information about criminal cases, especially events of terrorism, to remain in the US legally for the purpose of cooperating with law enforcement.

Senate Amended CJS Spending Bill
The Senate passed amendments to the Appropriations bill for the Department of Commerce, Justice and States.

Cosponsors for Nonimmigrant Agricultural Workers Bill
Senators Gregg, Allard, and Voinovich were added as cosponsors of S. 1161, a bill to streamline procedures for the admission and extension of stay of nonimmigrant agricultural workers; to provide a stable, legal, agricultural work force; to extend basic legal protections and better working conditions to more workers; to provide for a system of one-time, earned adjustment to legal status for certain agricultural workers.

Immigration in the Press

Senate Grills Castaeda on State of US Relationship
According to The News Mexican Foreign Relations Minister Jorge Castaeda on Thursday urged the Mexican Congress to work with the executive branch to overcome obstacles in the wake of this week's terrorist strikes against the US.

This Day in Immigration

September 15, 2000

"ILW.COM recently visited the Lower East Side Tenement Museum in New York City. The museum is a tenement building that housed many immigrant families between 1863 and 1935. Some of the apartments have been restored to represent various periods in the buildings history. The apartments often housed two or three families in the same amount of space used for a walk-in closet in today's larger homes. The conditions might not seem that strange to some of the most recent arrivals to the United States, especially undocumented aliens, who make sacrifices in personal comfort for the opportunity to live and work in the world's most prosperous economy. The museum is a poignant reminder of the courage and fortitude of immigrants who leave their homelands to build better lives."

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:

As someone who has been granted the privilege of gracing these editorial pages, I hope you will allow me now in this hour of national bereavement to make a modest plea on behalf of all those in this country and beyond who are practicing Muslims and whose religion has been hijacked by the same terrorists that seek to destroy the very liberty that allows me to speak. Islam is a faith of peace and beauty and love. It is not a religion of hate. I am an orthodox Jew and a fervent Zionist but I was appalled at stories of death threats to Islamic institutions and schools. Even those who adhere to the Sikh sect, and whose hair is tied up in a turban for religious principles are under attack. One Sikh man literally had to run for his life into a subway and take off his turban to avoid being identified solely because his crazed attackers had seen Osama Bin Laden wearing what they mistakenly thought was a turban in a widely publicized picture.

As a former professor of history, I well remember the internment of Japanese-Americans in the dark days after Pearl Harbor. This stands as a stain of dishonor on our national coat of arms to this very day. Let us not repeat such an awful mistake. To those Moslem believers out there who are in fear, who wonder if their colleagues and co-workers look at them with anger and distrust, who keep their wives, mothers and daughters at home out of an honest concern that their observance of Islamic traditions of modesty in dress may brand them as different and make them targets of attack- I say to you that you are not alone. There are many of us who weep for America but know that your talent and energy have made us the great nation we are today. We need you and you need us- perhaps more than ever before. What was true before September 11 still remains so.

There are many ways to defend freedom but intolerance is not one of them. It is not enough to urge tolerance-we must denounce its antithesis in thought and deed with all we have in us. To do less is to dishonor the nation we love. Jews know that the protection of every man's freedom is their issue for if they chase down Sikhs and Moslems today, we will be the target tomorrow. That has been our history. There has been much crying over the terror in our land in recent days. Perhaps the emotion that weeps for the dead, for America and for the freedoms that are so difficult to protect and preserve in this dark hour is the noblest cry of all.

Gary E. Endelman
Immigration Attorney

Dear Editor:

I am shattered by the devastating and horrific events of yesterday, and hope and pray that you, your team members, their families and other relatives and friends are physically safe. I am very much concerned about the safety of you all. In fact the entire team of Indian law World is praying to the god for the safety of everyone out there.

The catastrophic events of terrorism have not only shattered the Americans but every one around the world who believe in humanity, peace and love for all humans alike.

May god give courage to the bereaved families of those innocent victims whose lives have been lost in this terrorist attack, which is an attack on the very concept of civilization itself.

We at Indian Law World are ready to do what ever you want us to do to assist you in this hour of crisis.

As a first step, we are already passing on the messages of well being of our friends in US to their near and dear ones in this part of the world. We shall feel very happy to pass the well being messages of every one out there to their friends and relatives here. The messages could be sent on my personal e-mail:,; Tel: +91-124-6316243; +91-9811019522; Fax: +91-11-6841647.

We are also open to place messages on our site, and permitting every one to use our chat facility to communicate with their dear ones.

With Best Wishes and prayer to God to help you all there,


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 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.

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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Editorial Advisory Board
Marc Ellis, Gary Endelman

Copyright 2001 American Immigration LLC, ILW.COM