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Immigration Daily

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Immigration Daily
Arthur L. Zabenko, Esq., Legal Editor
September 18, 2001
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Editor's Comments

Smoke, though much less, is still pouring from the wound where the towers of the World Trade Center stood. Beyond that stands the Statue of Liberty, unscathed and untarnished, holding her torch as she has to welcome generations of immigrants. As each of us starts to deal with the pain and grief in his or her own way, we can call to mind Emma Lazarus's poem engraved on the statues pedestal:

The New Colossus

Not like the brazen giant of Greek fame,
With conquering limbs astride from land to land;
Here at our sea-washed, sunset gates shall stand
A mighty woman with a torch, whose flame
Is the imprisoned lightning, and her name
Mother of Exiles. From her beacon-hand
Glows world-wide welcome; her mild eyes command
The air-bridged harbor that twin cities frame.
"Keep ancient lands, your storied pomp!" cries she
With silent lips. "Give me your tired, your poor,
Your huddled masses yearning to breathe free,
The wretched refuse of your teeming shore.
Send these, the homeless, tempest-tost to me,
I lift my lamp beside the golden door!"

Reports of ugly incidents around the country are being heard of people being threatened, attacked and murdered because they are perceived as not American. Immigration practitioners know those who have chosen to come from other lands to live among us are our business associates and clients, our friends and neighbors, and in many cases, for the ones who have been here long enough, our fellow citizens. We can be leaders in reaffirming those ideals which have drawn the best hearts and minds from around the world, and continue to welcome the immigrants who have made our country the great land it is with an even brighter future.

The California Service Center processing times have been updated.


Ask Your H-1B Questions!

A unique feature of ILW.COM's H-1B seminars with Angelo Paparelli and Stephen Yale-Loehr is that you can pose your questions directly to them. For previous questions, please see the following:

Termination of H-1Bs from Employee's perspective:  Question 1
Termination of H-1Bs from Employer's perspective:   Question 2
Blanket LCA for H-1Bs:                                          Question 3

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

Tip of the Day

Immigration Articles on ILW.COM

ILW.COM publishes articles on any aspect of immigration law. We encourage the submission of articles from attorneys, paralegals, professors, scholars, human resource managers and anyone effected by immigration law. We will not publish something we know to be factually inaccurate. Beyond that, we actively seek a variety of opinions and viewpoints. Articles do not have to be footnoted as though we were a traditional law journal. The length of an article is best determined by the subject it covers. Some topics can be covered in a few paragraphs while others may require many pages. An advantage of electronic publishing is the flexibility to carry articles of any length. With over 8,000 subscribers to the e-mail version having an article published in Immigration Daily is an economical way to express yourself, share your knowledge, and gain recognition in the field. Send articles in electronic format to or FAX to 212 563-4438.

ILW.COM Featured Article of the Day

Separating Immigrants from Terrorism
Cyrus D. Mehta writes about the recent terrorist attacks and their effect on immigration.

Immigration News

INS Detainer No Grounds for Lighter Sentence
In US v. Lopez-Salas, No. 00-3935 (8th Cir. Sept. 17, 2001), the court found that the fact that Defendants had INS detainers filed against them which would make them ineligible to spend the last six months of their sentence in a half-way house of for early release upon successful completion of a drug treatment program were not adequate reasons for a downward departure from the sentencing guide lines. The court has made available the Appellants' brief and Appellee's brief, and the Appellant's brief and Appellee's brief in a related case.

No Jurisdiction for Mandamus Action for DV Lottery Applicants
The court in Kudina v. INS, No. 99 C 6689 (N.D. Ill. Sept. 10, 2001), determined it had no jurisdiction to hear a mandamus action brought by Plaintiffs who were DV Lottery winners who timely filed for adjustment but were denied because the INS did not adjudicate their petitions before the end of the fiscal year.

Comment Request on I-129
The INS has submitted an emergency information collection request for form I-129 Petition for Nonimmigrant Worker. No sample of the form was published in the Federal Register.

Senate Passes Permanent Authorization for S Visas
The Senate passed a bill authorizing permanently the S visa for those who provide critical information about crimes including those who can provide critical information about terrorism.

Resolution Condemning Bigotry and Violence
Brought to the floor of the House was a resolution condemning bigotry and violence against Arab-Americans, American Muslims, and Americans from South Asia in the wake of terrorist attacks in New York City, New York, and Washington, D.C., on September 11, 2001.

Senate Judiciary to Hold Hearing on Relief for Gao Zhan
The Senate Committee on the Judiciary is scheduled to hold a hearing on Wednesday, September 19, 2001, at 2:00 pm in Dirksen Room 226, on "S.702, a Bill for the Relief of Gao Zhan."

INS to Celebrate Citizenship Day
According to a new release in recognition of citizenship day the INS will swear in more than 8,300 new citizens at 22 naturalization ceremonies across the country.

INS News Release on TPS for Somalia
A news release from the INS provides information about the extension of Temporary Protected Status (TPS) effective September 17, 2001, through September 17, 2002.

Immigration in the Press

Immigration Reform Dead?
According to WorldNetDaily after last Tuesday's attack not only can President Fox forget about an open border, it is less likely than ever that his more-plausible demand of amnesty for illegal immigrants stands a prayer in Congress.

This Day in Immigration

September 18, 2000

"Presumption of Voluntary Presence In US v. Quintana-Torres, No. 99-50690 (9th Cir. Sept. 15, 2000), the court found that voluntariness is an element of the crime of being a deported alien found in the United States, but that a reasonable juror could infer that an alien had the intention to be here when the alien is discovered at any location other than the border."

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 shattered by the devastating and horrific events of New York, I can not help you but I can pray to my God that you, your team members, their families and other relatives and friends along with your sponsor are physically safe. I am very much concerned about the safety of you all. In fact whole 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.

May God bless you All.

Javed Rafiq


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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