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Immigration Daily

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Immigration Daily
Arthur L. Zabenko, Esq., Legal Editor
October 5, 2001
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Editor's Comments

The House Committee on the Judiciary passed by a vote of 36-0 H.R. 2975, the "Provide Appropriate Tools Required to Intercept and Obstruct Terrorism (PATRIOT) Act of 2001," which replaces the earlier "Mobilization Against Terrorism Act (MATA)" drafts. The immigration provisions contained in Title II are an improvement over the first drafts of the legislation. If the Attorney General has reasonable grounds to believe that the alien is inadmissible or deportable on grounds related to terrorism, or is engaged in any other activity that endangers the national security of the United States, the alien may be certified under the Act. This authority may be delegated only to the INS Commissioner. A certified alien must be kept in custody, but the Attorney General must place the alien in removal proceedings or charge the alien with a criminal offense within seven days. Otherwise the alien must be released. Judicial review is limited to habeas proceedings in the District Court for the District of Columbia, but had been expanded form earlier versions to allow review of the decision to certify an alien.

The PATRIOT Act also incorporates provisions which have been introduced as separate bills such as requiring sharing by the FBI of criminal record extracts with other federal agencies to increase border security. It also calls for a tripling of Border Patrol personnel and INS inspectors along the northern borders and allots an additional $50,000,000 to the INS for technology improvements and additional monitoring equipment along the northern border.

The drafters of the bill have shown human compassion in providing some relief for aliens who were victims of the September 11 attacks. The PATRIOT Act provides for special immigrant status for an alien who was the beneficiary of a family or employment based immigration visa petition, a K visa petition or a labor certification filed on or before September 11, 2001, if the petition or application was revoked or terminated due to death or disability of the petitioner, applicant or beneficiary, or loss of employment due to physical damage to or destruction of the business of the petitioner or applicant. It also provides for special immigrant status for the spouses and children of such aliens and for grandparents of orphans if either parent was a citizen or permanent resident who died as as result of the September 11 attacks. The Act also provides that nonimmigrants who were disabled as a direct result of the terrorist activity may remain in the US for at least a year and can get work authorization. Various provisions extend and toll filing deadlines, including extending the deadline for adjustment for DV 2001 until April 1, 2002, for aliens who establish that they were prevented from using their number during FY2001 as a direct result of the September 11 attacks.

The House and the Senate both are scheduled to consider the bill next week.


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Tip of the Day

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A few site users have complained that they are unable to get into the Chat Room to chat with an attorney and use the 24-hour public chat or the Discussion Board to post or reply to an immigration question. Site users will not be able to enter the chat room or discussion board if they do not have a recent computer (Pentium 90 MHz) and a recent browser such as Netscape 3, 4 and Explorer 4 or 5. ILW.COM offers many secure services for which it is essential to have a 128-bit encryption that only the recent browser versions offer. Users can easily download a free copy of the latest browser version at Microsoft or Netscape.

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The final possibility that the users are unable to access a chat would be if they have a bug on their system. In order to detect the virus they must run a virus scan program or contact someone who can help them in this matter.

ILW.COM Featured Article of the Day

The ABCs of Immigration - Military Service
Greg Siskind and Amy Ballentine write about the military obligations and possible immigration benefits of military service for permanent residents, refugees, parolees and even undocumented immigrants.

Immigration News

BIA Can Apply Changed Law
The court in Okpa v. INS, No. 97-2358 (4th Cir. Oct. 5, 2001), the court determined that the Board of Immigration Appeals (BIA) did not err when it applied the standard of "extreme hardship" instead of the standard of "plain hardship" which was the applicable standard at the time the INS started proceedings. The court has amended its opinion of August 28, 2001, and designated it as a published opinion.

INS Can Reinstate Deportation Order
In Murillo v. Perryman, No. 01 C 3016 (N.D. Ill. Sept. 28, 2001), The court found that the INS could reinstate an earlier deportation order without a hearing and without adjudicating Petitioner's application for adjustment of status.

House Judiciary Committee Passes PATRIOT Act
The House Committee on the Judiciary passed by a vote of 36-0 H.R. 2975, the "Provide Appropriate Tools Required to Intercept and Obstruct Terrorism (PATRIOT) Act of 2001." Title II covers detention and removal of aliens engaging in terrorist activity and preservation of immigration benefits for victims of terrorism.

Sen. Snowe Introduces Three Immigration Bills
Sen. Snowe introduced S. 1489, bill to provide for the sharing of information between Federal departments, agencies, and other entities with respect to aliens seeking admission to the US, S. 1490, bill to establish terrorist lookout committees in each US embassy, and S. 1491, a bill to provide for the establishment and implementation of a fingerprint processing system to be used whenever a visa is issued to an alien.

Rep. Tancredo Says Criminals Claim to be Aliens
In his remarks on immigration Rep. Tancredo states that criminals who are US citizens are claiming to be aliens becuase the consequences are less severe.

Rep. Bereuter and "Loosey-Goosey Borders"
Rep. Bereuter commends to his colleagues editorials from the Omaha World-Herald entitled, "Loosey-Goosey Borders" and "Loosey-Goosey Borders: II."

Competition for Placement in FSA/FLEX Program
The Youth Programs Division of the Bureau of Educational and Cultural Affairs announces an open competition for the placement component of the J-1 FREEDOM Support Act/Future Leaders Exchange (FSA/FLEX) program.

Immigration in the Press

Immigration Consultants Taken to Court
According to the Los Angeles Times California Attorney General Bill Lockyer filed lawsuits against three Los Angeles area immigration consultant companies for allegedly falsely portraying themselves as lawyers, false advertising and taking advantage of immigrant clients.

This Day in Immigration

From October 5, 2000

"Statement by the Vice President on the H-1B Legislation In a Press Release Vice President Gore expressed his disappointment that the H-1B visa bill passed by the Senate did not include the Latino Immigration Fairness Act and called on Congress to pass it before adjournment. Gore also stated that additional steps should be taken in the House to ensure that the H-1B legislation provides adequate funding for job training and education."

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:

This is a total mind-boggling dilemma. How in the world can INS CSC center tell me that it will take three years to obtain a copy of an approval notice. Our office filed I-824, requesting a copy, only a copy of an approved I-140. (The client lost his and he would like to adjust status) and the I-797C we received said processing time is 850 to 900 days. Oh my goodness. I can't believe it. When I brought it to the attention of the CSC District Director, thinking maybe it was a typo, she said, "No, that is the correct processing time." Help. What can we do?



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Prominent New York City immigration law firm with interesting and diverse practice seeks paralegal for handling business, family and litigation matters. Candidates must have excellent writing and organization skills as well as an interest in all aspects of immigration law, including advocacy. Prior immigration experience preferred. Send a resume and cover letter to: Cyrus D. Mehta, Esq., 1170 Broadway, Suite 607, New York, NY 10001. Fax: 212-686-2665. e-mail

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

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.

The American Immigration Lawyers Association Litigation Conference on October 19, 2001 and Asylum Conference on October 20 will take place at the Wyndham Ambassador West Hotel, 1300 North State Parkway, Chicago, Illinois. The deadline for early registration and to secure a hotel room at the AILA Room Rate is October 3, 2001. Both these Conferences will provide information that you can immediately integrate into your practice. Complete Program Information and a Registration form is available at

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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