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Immigration Daily

The leading
immigration law
publisher - over
50000 pages of free

Immigration LLC.

Immigration Daily
Arthur L. Zabenko, Esq., Legal Editor
November 27, 2001
Previous Issues

Editor's Comments

ILW.COM will soon introduce an attorney resources page. On this page we intend to gather in one place information primarily of interest to immigration practitioners such as the Act, 8 CFR and 20 CFR parts 655 and 656, and addressees of all INS and EOIR offices. There will also be a link to the archives of past issues of Immigration Daily where you can search for cases, Congressional Record items, Federal Register items, and INS, DOS and DOL news items which we have covered over the past year and half. We would like to include sections of unpublished opinions, sample responses to Requests for Evidence and Notices of Findings. We received a worthy suggestion of a glossary of immigration related terms and acronyms. We hope to include sample briefs and resources for information on country conditions. We will acknowledge gladly any contributions to this page. Please send your suggestions and contributions to

Trying to win over a corporate client? Use ILW.COM's Case Tracking! Each case takes only a few minutes from start to finish! If you are serious about getting corporate clients, and keeping existing corporate clients happy, you must have this modern technology! For more info, send email to, include your phone #.


200,000 Attorney Searches per Year!

Approximately 200,000 searches are made each year for immigration attorneys on ILW.COM. Thats almost 250 searches per year per attorney listed in our lawyer directory. Which means that if you are listed with ILW.COM, then your listing will be searched once each working day throughout the year. You need only one client a year to make a profit on your listing! For a personal discussion on listing your practice in our directory, please send an e-mail with your phone number to Alternatively, if you prefer to list yourself on-line, please click here:

Tip of the Day

What is an ASP?

Attorneys will hear the acronym ASP (Application Service Provider) frequently in the near future. The term refers to software that is delivered over the Internet to your web browser. The company delivering the software is referred to as an Application Service Provider (ASP). ASP software is becoming widely available to attorneys in areas such as case management, time & billing, calendars, forms, client collaboration & legal research. ASP services are usually sold as subscriptions.

The main advantages of using ASP software are:

  1. No installation headaches - a boon to small practices without full-time computer staff
  2. No updates - the software and content is updated by the provides, you never have to buy an upgrade
  3. Mobility - as the software resides on the Internet you can access it from anywhere - a boon to mobile attorneys
  4. Backup - small offices often neglect to backup their data. When a computer crashes you could lose years of precious client data. ASPs backup the data for you averting such a catastrophe.

The concerns often expressed by potential ASP users are network reliability, speed and security. The industry is making rapid progress in all the above areas ensuring that ASPs will be a permanent part of the legal software landscape.

If you have any questions about ILW.COM's ASP services, such as forms and case tracking, or would just like to learn more about this subject do write to us at

ILW.COM Featured Article of the Day

International Students and US National Security
Gary Endelman writes about the adverse affects of of restricting the rights of foreign students on America's national security.

Thousands of immigrants each month search for attorneys on ILW.COM. Corporations, too, use ILW.COM to find immigration counsel. ILW.COM membership can be your most cost-efficient marketing tool! Just one new client will pay for the entire year's fee! Click here for more info.

Immigration News

Reinstatement of Removal Order Constitutional
In Alvarenga-Villalobos v. Ashcroft, No. 00-17525 (9th Cir. Nov. 26, 2001), the court held that the provision of law providing for a reinstatement of a removal order without reopening or judicial review when an alien has entered the US illegally after having been removed is constitutional and the order may not be collaterally attacked.

Al Najjar Arrested Pending Removal
According to a press release from the Department of Justice the INS has arrested Mazen Al Najjar, in Tampa, Florida, and is holding him in detention pending his removal.

Comment Requests from INS
The INS has published a comment request on I-192, Application for Advance Permission to Enter as Nonimmigrant (Pursuant to 212(d)(3) of the Immigration and Nationality Act), and I-365, Request for Cancellation of Public Charge Bond. No copies of the forms were published in the Federal Register.

Immigration in the Press

US Seeks Mutual "Security Perimeter"
US officials are proposing that Canada and Mexico toughen their immigration and border-control policies and help the US create a three-nation North American "security perimeter."

"Immigration Implications of September 11th tragedy" Attend the at-cost seminar series moderated by Stephen Yale-Loehr. Click here for more info or to signup online. Click here for more info or to signup by fax

This Day in Immigration

From November 27, 2000

"Interference with Copyright not a Crime of Moral Turpitude In a recent decision the Board of Immigration Appeals (BIA) upheld an Immigration Judge's decision that pirating audio-visual works and copying recording devices were not crimes of moral turpitude and so Respondent was not subject to mandatory detention. [Courtesy of Richard A. Geduldig, Esq., who informed us that Respondent was able to spend Thanksgiving with his family.]"

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:

Being the largest US-Immigration Supporter in Switzerland, we have considerable experience in the field of the Diversity Visa Lottery. I would like to share some of that experience with the other readers of your daily newsletter.

Persons being positively selected in the DV-Program often ask about the timing of their Embassy appointment. A few years back large numbers of the prospective Continental allocation had been made available already in the early months of the visa year. Embassy appointments were within those allocations scheduled upon receipt of the formal immigrant applications, i.e. first come - first served. This pattern seems to have changed last year, and more drastically this year. From the current visa bulletins it becomes obvious that fairly low amounts of visa numbers are available in the first few months, with a steady raise over the remaining months. Embassies also seem to be more reluctant to change appointments into later months. A stricter monthly reporting procedure seems to be in place now.

This of course allows us to forecast the approximate timing of the visa appointment better, as it is more linked to the case number now than in earlier years.

Hoping that some of this "expertise" will help attorneys with much smaller numbers of winners to advise their clients accordingly.

Yours truly,
Matthias Pfeiffer MBA
Green Card Support Service Switzerland

Dear Editor:

It is obvious that this issue of 245(i) has two sides, those that are pro and those that are against.

The fact of the matter is, regardless of where you stand on the issue, there are millions of "illegal" or undocumented aliens living on US soil. The pre 9/11/01 benefit of 245(i) was, up until April 2001, that many of these undocumented aliens who are honest, hard-working, tax paying, of good moral character, individuals that flocked to immigration consultants, employers, etc., i.e., CAME FORWARD, EXPOSED THEMSELVES, were willing to undergo fingerprinting, background checks, file applications with the INS, DOL, etc., in order to take advantage of this Section of the law with the hope of some day becoming citizens of these United States of America....[To read the whole letter click here].


Dear Editor:

245(i) is not fair for people like my self who waited for 7 years and also passed the age to get married and start family life. I am in this great country since almost five years now and on the edge of becoming citizen. Citizenship is also another major problem and will not be noticed until March-April of 2004 (next election time). I am now married and my wife is waiting to enter this country LEGALLY. And as you know it takes 6 years for a spouse of green card holder to come to US (It only takes few months for the spouse of ILLEGAL immigrant who will get their legal status due to 245(i)). So if some one calculates this time of family separation is about 13-14 years and most of the time this 13-14 year period is from the best period of the human life (From late 20's to mid or late 30's)....{To read the whole letter, click here].

G. Patel

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For information on advertising in the classifieds please click here.

Presented by the Practicing Law Institute, November 27, 2001, 6:00 p.m. - 8:15 p.m. PLI New York Training Center, 21st Floor 810 Seventh Avenue (between 52nd and 53rd Streets) New York City. For details, click here.

There will be a New Jersey Institute for Continuing Legal Education (ICLE) seminar on Wednesday, December 5, 2001 from 9:00 AM to 5:00 PM at the Brunswick Hilton in East Brunswick, New Jersey. The seminar titled, Corporate Immigration Law: For Attorneys, In-House Counsel, & Human Resources Personnel: H-1B Requirements, will feature updates on the latest H-1 legislation regulations and will discuss recent developments in the field. For details, click here.

The Federal Bar Association, North East Ohio Chapter in conjunction with the Cleveland Immigration and Naturalization Service, present the 2001 Immigration and Naturalization Seminar on December 7, 2001. This Seminar will address current developments impacting immigration law in response to the tragic events of September 11, 2001. The seminar will be held at the Marriott at Key Center, In Cleveland, Ohio from 7:30 am - 5:00 pm. The CLE includes 7.5 hours of credit with .5 hours of Substance Abuse. For details, click here.

Des Moines, Iowa. Basic intensive immigration legal training seminar to be held January 14-18, 2002, at the Marriott Hotel in downtown Des Moines. Sharply discounted room rates of $49/night plus tax for single or double at the downtown Marriott. Call 800/228-9290 for room reservations and mention the immigration legal training seminar. Sponsored by the Midwest Legal Immigration Project and the Immigrant Legal Resources Center. For more information, call Cyndy Bolsenga, 515/271-5730 or fax 515/271-5757.

On January 31st & February 1st 2002, the National Immigration Forum will host its inaugural conference A Nation of Immigrants in the 21st Century: Moving Forward in a Time of New Challenges. The conference will be held at the Mayflower Hotel in Washington, D.C. For details, click here. For registration form, 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.
Editorial Advisory Board
Marc Ellis, Gary Endelman

Copyright 2001 American Immigration LLC, ILW.COM