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Immigration Daily

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

CNN in an article on the anthrax scare reports that the INS:

shut down mail processing at all of its offices Monday after suspicious packages were received at two INS facilities, the agency said. Three mailroom workers at a Burlington, Vermont, facility were taken to a hospital as a precaution after a powdery substance fell out of a small Federal Express package. Preliminary tests on the package and a letter received two days earlier were "inconclusive," the agency said. A hazardous materials team was called to a Providence, Rhode Island, facility to investigate a suspicious package from the United Arab Emirates." [From CNN]
The American Immigration Lawyers Association also reported that it had been advised by INS that mail intake has been halted Service-wide in reaction to an incident in which white powder was found in an envelope received at the Vermont Service Center. A reliable source at the INS has informed ILW.COM that "as of Tuesday morning, October 17, INS had resumed normal mail service at all of its offices, with the exception of service centers who have contractors opening the mail We are still working with those contractors to develop new mail service procedures."

Three correspondents have taken the time to write letters to the editor. One author wrote in response to a letter to the editor we carried yesterday, and another commented on yesterday's "Tip of the Day." Commenting on a recent article about INS scrutiny of foreign students Paula Singer, Esq., offers a detailed exploration of INS's efforts to implement a database to keep track of foreign students. ILW.COM is proud to serve as the hub for communication for immigration information for all of the immigration law community. Send letters to


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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

America Still a Nation of Immigrants, Leaders Remind us of our Heritage
The American Immigration Law Foundation writes that in the wake of the September 11 terrorist attacks national leaders are encouraging Americans to unite and extend a hand of friendship to all.

Immigration News

Vehicular Homicide Not an Aggravated Felony
The court in Francis v. Reno, No. 00-2375 (3rd Cir. Oct. 16, 2001), held that a state misdemeanor conviction for vehicular homicide is not an aggravated felony for purposes of immigration law.

Aggravated Felony a Sentencing Factor
In US v. Ramirez-Garcia, No. 00-10346 (9th Cir. Oct. 16, 2001), the court made clear that in sentencing for illegal reenty after deportation, the existence of a prior felony conviction is a sentencing factor and not an element of the offense.

California Perjury an Aggravated Felony
The Board of Immigration Appeals (BIA) in In re Martinez-Recinos, 23 I & N Dec. 175 (BIA 2001) determined that a conviction for perjury under the California Penal Code constitutes a conviction for an aggravated felony under immigration law.

Irish Peace Process Cultural and Training Program
The Department of State removes from the Q-2 visa interim regulation the requirements for qualification of a program participant in the Irish Peace Process Cultural and Training Program (IPPCTP) to be considered by the Program Administrator, and adds new requirements pertaining to the content of the certification letter needed by an alien in order to obtain a visa in the Q-2 category as a participant in the IPPCTP. The DOS addressed the comments received in response to the first interim regulation.

Immigration Judges Reminded of Discretion
A memorandum from the office of the Chief Immigration Judge reminds Immigration Judges that they may exercise broad discretion when adjudicating time-sensitive filings in light of the attacks of September 11.

Immigration in the Press

Mexican Immigrants Face New Set of Fears
The New York Times [registration required] reports that while the whole nation has been anxious this past month, but for millions of Mexican immigrants around the country there have been added fears.

ILW.COM Chats and Discussions of the Day

Chat with Lynn Susser
Lynn Susser will answers questions on all aspects of immigration law on Wednesday, October 17, 2001, at 9:00 p.m. Eastern (New York) time. Questions will be accepted beginning 15 minutes before the start of the chat.

This Day in Immigration

From October 17, 2000

"INS Illegal Alien Report Rep. Lamar Smith has released the draft report prepared by the INS in response to the subpoena duces tecum [long download] from the Subcommittee on Immigration and Claims. The cover letter from the INS cautions that the numbers are not ready for public release as the methodologies are still being reviewed."

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:

Thank you for publishing the letter authored by Monica Schwartz published in your 10/16/01 issue of Immigration Daily. I am writing this in appreciation of her sentiment and pro-immigration views in a manner that is truly touching! Ms. Schwartz's letter to the US Senators is factual as well as perceptive. Her futuristic thinking is evident in terms of particularly how the adverse action of the South Carolina's AG might negatively affect the nation's economy.

After reading the letter, the following passage is what stands out in my heart and mind: "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."

Thank you, Ms. Schwartz! I am not a US Citizen, but I have lived in the USA during my higher education days (MS and Ph.D.) on F-1 student visa and later on H-1B visa serving the American students and community. I am an Indian citizen currently in India, but find it difficult to get back to the USA today because of the tough INS rules and regulations.

Good Wishes,
Girish Govindarajan

[Editor's Note: the following refers to our Tip of the Day: What is DSL?]

Dear Editor:

Your article on DSL is technically accurate but fails to reflect the reality of the marketplace for DSL services in many areas of the country.

Remember that DSL providers depend on access to local telephone company switching and lines in order to connect and provide DSL service for subscribers. Many of these telecommunications companies are themselves attempting to be providers of DSL services: this creates a direct conflict between the independent DSL providers and the telephone companies. There is no incentive for the telecommunications providers to be cooperative with the independent DSL providers, and most of them are not. The high death rate among independent DSL providers is, in part, attributable to the stonewalling of the telephone companies who refuse them access.

Trying to get DSL service installed by a telecommunications company is difficult enough: trying to get DSL service installed from an independent provider is frequently next to impossible.

Cable modems don't suffer from these structural problems. Until the DSL market sorts itself out, persons wishing to have high-speed Internet access should not disregard the benefits of cable modems.

Leslie Thiele

Dear Editor:

I just read the article in ILW.COM about INS scrutiny of foreign students and thought you might be interested in the some background information on the matter. First by way of introduction, I am a tax lawyer and partner in the tax law firm, Vacovec, Mayotte & Singer, Newton, MA. My practice is concentrated in international tax matters for individuals. I am a member of the American Immigration Lawyers Association (AILA). If you go to the tax presentations at the AILA annual meetings, you will have heard me speak on the taxation of foreign nationals....

To read the whole letter, click here.

Paula N. Singer, Esq.
Partner, Vacovec, Mayotte & Singer
Co-CEO and Founder, Windstar Technologies, Inc.


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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