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Immigration Daily

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Immigration Daily
Arthur L. Zabenko, Esq., Legal Editor
September 25, 2001
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Editor's Comments

Last week we reported on a September 18 version and a September 19 version of a bill to be introduced in Congress in response to the September 11 terrorist attack. As Gary Endelman notes in his article "If They Come for Me in the Morning" the powers being requested by the Bush Administration are being questioned by people across the political spectrum, many of whom often find themselves at odds with each other. An oft repeated remark is that what has been attacked is not just our buildings, but our American way of life. One of the hallmarks of our way of life is our freedoms which the bills as circulated would start to erode. Another hallmark of the American way of life is the ability for citizens to participate in their government. Whatever the wording of the bill actually introduced and whether you support it or oppose it you can contact your Representative and Senators and let them know.


AILA Co-Sponsors ILW.COM Seminar

The American Immigration Lawyers Association has kindly agreed to co-sponsor ILW.COM's seminar on the Immigration Implication of the 9/11 Tragedy. Ms. Crystal Williams, AILA's Director of Liaison and Infomation will join the panel of presenters for the seminar. The other speakers are: Stephen Yale-Loehr, Denyse Sabagh, Judy Golub, Angelo Paparelli and Carol Wolchok. The deadline to sign up is Wednesday, September 26.

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

Immigration Information on ILW.COM

To make it easier for our site visitors to find the immigration information they need we have grouped it under four headings - Family, Employment, Visitors and General information. Each section includes INS and Attorney FAQs, relevant articles, the visa bulletin and INS processing times. The Family section includes information on adoption, sponsoring family and marrying abroad. In the Employment section professionals can find information about H-1Bs and labor certifications and employers can find information on petitioning the INS for their employees and how to complete properly the I-9 Employment Verification form. Travelers and tourists will find information on how to extend their B-2 visas and exchange programs. The General immigration section includes information for students and topics such as deportation, naturalization and immigration policy. ILW.COM is a platform for the exchange of information. The Immigration Information section offers information for all your immigration needs.

ILW.COM Featured Article of the Day

If They Come for Me in the Morning
Gary Endelman writes that in the rush to combat terrorism after the September 11th attack on the World Trade Center and Pentagon, the Bush Administration may unintentionally be weakening the very freedoms whose continued existence are essential to victory in the war against terror.

Immigration News

Failure To Request Downward Departure not Ineffective Assistance of Counsel
In US v. Sera, No. 00-3425 (8th Cir. Sept. 24, 2001), the court found that failure to move for a downward departure in sentencing based on Defendant's willingness to waive deportation or his status as a deportable alien did not constitute ineffective assistance of counsel. The court has made available the Appellant's brief, Appellee's brief and Reply brief.

Immigration Bills in the Senate
Introduced in the Senate were S. 1452, a bill to provide for electronic access by the Department of State and INS to certain information in the criminal history records of the FBI to determine whether or not a visa applicant or applicant for admission has a criminal record, and S. 1455, a bill to regulate the training of aliens to operate jet-propelled aircraft.

Immigration Bill in the House
H.R. 2928, a bill to provide for the removal of aliens who aid or abet a terrorist organization or an individual who has conducted, is conducting, or is planning to conduct a terrorist activity, was introduced in the House.

A Plea for Common Sense and Reason
In a please for common sense and reason Rep. McKinney observes that many of these reforms that the Bush Administration is now proposing are the very same types of state powers that we routinely criticize other nations for possessing in our own State Department's annual Human Rights Report.

DOS Cancels Form
The Department of State cancelled the optional form OF 156K, Nonimmigrant Fiance(e) Visa Application. This form is now a State Department form (DS Form 2052).

INS Proposes Change in System of Records
INS proposes to changes the system of records to 1) revise the title of the system to accurately convey the records within the system, 2) to reflect that the system is now located in all district offices and sub-offices instead of just specific field offices, 3) to add an additional category of individuals covered by the system 4) to clarify records within the system, 5) revise the "Purpose" to emphasize the inspection function of the system, 6) to add two routine use disclosures (J and K), 7) to modify the "Retention and Disposal" section to include a disposition for verification records, and 8) to make minor changes and edits.

INS New York Office Reopening
The New York District Office at 26 Federal Plaza will reopen for all normal business on October 1, 2001, but will resume very limited services on September 26.

Immigration in the Press

60 Minutes: Lost In America
CBS's 60 Minutes reported on aliens who enter the US legally but remain beyond their authorized period of stay including interviews with Mark Krikorian, Doris Meisner and Lamar Smith.

This Day in Immigration

September 25, 2000

"David Lazarus's generally informative article "A Question of Fraud: Silicon Valley Pushes for More Foreign Workers Despite Federal Probes," in the San Francisco Chronicle perpetuates a common misconception about the labor certification process leading to a green card. The green card process through labor certification is based on what the person will do at the time the petition for permanent resident status is approved-not what the person does while the process is going on. The article states, "the procedure for obtaining a green card requires that the applicant remain on the payroll of a single employer. If the applicant switches jobs, he or she falls to the bottom of the queue." This is factually incorrect. A company can petition for someone who is not even in the US as a way for that person to obtain an immigrant visa to enter the US and work for that company. There may be practical considerations which bind an employee to an employer. A company may not want to continue with the green card process if an employee leaves, but it could do so under the law as long as the employee intended to return at the time the green card petition was approved. Realities of business may dictate that an employee work for the company while the process is going on, but there is nothing in the law which requires this."

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:

Like thousands who have been exposed to the trauma of having to deal with the INS, I always dread the next event and a visit to their office.

On Tuesday, September 18th I arrived at the Hartford CT Federal building to report the loss of my Alien Registration Card and to process a I-90 form for a replacement.

Upon entry I was asked the purpose of my visit and the reason as to why the card was lost. I mentioned that the card was lost on September 11th in the rubble of number 7 World Trade Center, along with many other personal possessions due to a hasty evacuation after the first tower was hit. The attendant's eyes widened and she gave me a ticket number and asked me to wait along with all the other walk-in's. A few minutes past and an INS inspector approached me and asked if I was the person who had lost my green card in the World Trade Center. He then attended to me immediately.

I do feel sorry for all those that were before me (in the line), but I commend the INS for this token of humanity. Needless to say, my impression and opinion on the INS has changed.

Chris Phillips


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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Marc Ellis, Gary Endelman

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