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Immigration Daily

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Immigration Daily
Arthur L. Zabenko, Esq., Legal Editor
October 16, 2001
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Editor's Comments

With H.R. 2975, passed on October 12, the House largely adopted the Senate's version of the anti-terrorism bill. There are some important differences between the Senate version and the immigration provisions in Title IV of the House bill. The Senate version limits judicial review of any action, including the decision to certify an alien as a terrorist, to habeas corpus proceedings in the United States District Court for the District of Columbia. The House allows for a habeas petition to be filed with the Supreme Court, any justice of the Supreme Court, any circuit judge of the Court of Appeals for the DC Circuit or any district court having jurisdiction to entertain it. The House version also retains a section titled "Preservation of Immigration Benefits for Victims of Terrorism." It makes available special immigrant status for aliens and their dependents if the principal alien was the beneficiary of a family based immigration visa or K visa petition or labor certification filed on or before September 11, 2001, and the petition was revoked or terminated due to death or disability of the petitioner, applicant or beneficiary or loss of employment due to physical damage to, or destruction of, the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 petition or applicant due to the terrorist activity of September 11, 2001. There are also provisions to extend certain filing and reentry deadlines including extending until April 1, 2002, the deadline for adjustment for DV 2001 winners if they can show they were prevented from adjusting as a direct result of the terrorist activity. These provisions of the House version of the bill would give INS Commissioner Ziglar the statutory framework to pursue the humane policy he has espoused. A congerence committee will now have to reconcile the differences between the House and Senate versions of the bill.


November 1st in Los Angeles

If you will be in Los Angeles for the AILA California Chapters Conference and if you want to understand how best to exploit the internet in your law practice, this offer is for you. We would like to give you a personalized strategy session to help you leverage the internet in different aspects of your law practice such as:

  • Using the internet to market your law practice (Client Development)
  • Using the internet to provide superior customer service (Improving Client Retention)
  • Using the internet to improve efficiency in your law-firm operations (Cost Saving)
  • Using the internet to keep up with new developments in immigration law (Legal Research/Seminars)
ILW.COM team members would be glad to visit you in the convenience of your offices in the Los Angeles area on November 1st. Or, if you are travelling to Los Angeles for the Conference, we would like to meet with you one-on-one at a hotel on November 1st. While we would like to sell our services, our discussion with you will not be just a sales pitch. If you would be best served by another vendor, we will tell you so.

Explore your options and educate yourself on the best strategies for your law firm! Send an e-mail to with your phone number to set up an appointment.

Tip of the Day

What is DSL?

"DSL" stands for Digital Subscriber Line. DSL is a network access technology. It transforms a traditional phone line into a high-speed digital link to provide broadband Internet access. It uses special modems encode the data and then transmit it over an unused frequency on the phone line. With DSL you have a stable Internet connection that allows you to host your own Web site, connect branch offices of a small business, and to surf the Internet faster at any time of the day or night.

Cable modems are DSLs' closest competitors. They rely on much of the same technology and provide similar service. Both cable and DSL use special modems and Ethernet cards for the same type of always-on connection. People prefer using DSL instead of traditional dial-up modems because DSL is much faster. Unlike DSL, cable modem users share lines. The more people connected to the line, the slower the connection speed will be. Many people also prefer DSL to a cable modem because a cable modem is considered to be less secure and less reliable. Sharing lines creates a security risk because it is easier for hackers to gain access to incoming and outgoing files and e-mail messages. One other notable advantage to having DSL is that one phone line can carry both voice and data, so you can use an existing phone line to carry DSL data.

Several factors can affect the quality of your DSL connection, including how close you are to the DSL provider and what security features are available. With DSL, whenever the computer is on you are connected to the Internet. DSL modems typically lack security features so it is important to make the connection more secure. You can easily protect yourself by shutting down after each use, reducing the number of hours you use your computer, and keeping an up-to-date anti virus program running at all times. It is highly recommended that DSL users install a personal firewall (software that prevents certain data from entering or leaving your computer and costs between $40 to $50).

Both DSL and cable services are affordable (most DSL access starts at $39.95 per month), and you can find deals by shopping. DSL service is available from a number of local telephone companies, local Internet Service Providers and resellers (third party companies). With the current situation of dotcom companies, we recommend checking the permanence of the company if you plan to use a reseller for you DSL services.

ILW.COM Featured Article of the Day

Canadian Immigration Act C-11
Canadian immigration attorney Catherine Kerr writes about the upcoming changes in Canada's immigration law.

Immigration News

USA Act of 2001
After waiving the rules and proceeding to consideration the House passed H R. 2975 with immigration related provisions in Title IV.

Emergency at Border
According to Rep. Ortiz increased inspections as a result of heightened security have resulted in longer wait times (sometimes more than four hours), that discourage thousands of Mexican citizens who legally cross into the US to shop and conduct business along the border.

INS Website Statistics
The INS has released the statistics for usage of its website for the month of September and for fiscal year 2001.

INS Comment Requests
The INS requests comments on the N-600, Application for Transmission of Citizenship Through a Grandparent, the N-643, Application for Certificate of Citizenship on Behalf of an Adopted Child, and Petitioning Requirements for H-1C Nonimmigrant Classification.

Immigration in the Press

Attacks Alter Politics, Shift Focus of Immigration Debate
According to the Washington Post the recent terrorist attacks have radically altered the immigration debate, replacing an agenda of amnesty with proposals to remilitarize US borders, severely limit student visas and increase tracking of foreigners on American soil.

This Day in Immigration

From October 16, 2000

"BIA's Adverse Credibility Finding Violation Of Right to Due Process In Abovian v. INS, No. 98-70934 (9th Cir. Oct.12, 2000), the Court held that the Board of Immigration Appeal's adverse credibility finding absent a determination by the Immigration Judge (IJ) and without affording the Petitioner the opportunity to establish his credibility was a violation of the right to due process. The court has amended a footnote in the July 19, 2000, decision."

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 letter that I sent to the US Senators and would appreciate if you share with your readers:

Dear Senators,

I am concerned that persecution against those that come here to work hard and supply the needs of the American people - babysitting, cooking, cleaning offices, factories, hotels, streets, houses, etc. etc. - would leave our nation without the support we need so much in times like these. That would add more suffering to those that are related to the hardworking people that come here from countries like Mexico and many others, whose home countries depend so much on the support they send to their families and their already battered economy. Please, lets not cause more panic and desperation. Lets rebuild our lovely nation from within with the help of those that were born abroad but love our nation with all their hearts and as much we do. Lets not underestimate those that love our nation with a sincere heart and at this hour are keeping our nation standing stronger than ever. Lets recognize how many immigrants are applying to go to war for the love of our freedom. Lets not hurt our loved country with more hardships. I have attached below a report about an attempt in South Carolina against our freedom that could generate a lot of profiling because of color of skins, eyes, hair, etc., and that will not contribute to our efforts of reconstructing our freedom and trust. I pray that good sense and understanding will perpetuate in our hearts, and the Love of God will keep lifting all of us. Amen.

Monica Schwartz

Editor's Note: The report mentioned in the letter above is, South Carolina AG Proposes Two-Pronged Attack on Illegal Immigration" which we mentioned in the October 12, 2001, issue of Immigration Daily.


For information on advertising in the classifieds please click here.

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

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.

MidSouth Chapter's Fall CLE Conference at the Hyatt Regency in Louisville Nov. 2 & 3. The title is "Where the Newest Rubber Meets the Road," because the conference will have its traditional professionally intimate setting conducive to lively questioning of the speakers (and erudite comments from the attendees) so that participants come away with the answers to their questions and with practical solutions to the newest situations posed by new laws, regulations and procedures. For agenda, registration form and details, click here.

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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