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Immigration Daily

The leading
immigration law
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Immigration LLC.

Immigration Daily
Arthur L. Zabenko, Esq., Legal Editor
November 30, 2001
Previous Issues

Editor's Comments

According to articles on CNN, in the New York Times [registration required] Attorney General Ashcroft announced the "responsible cooperators program." Under the program foreigners who provide useful information about terrorists may be rewarded by being put on a quick path to American citizenship. One possibility is to aid those with information is the S-6 visa. It is available for those whom the Secretary of State and the Attorney General jointly determine to be "in possession of critical reliable information concerning a terrorist organization, enterprise or operation; "willing to or has supplied such information to Federal law enforcement authorities or a Federal Court;" " will be or has been placed in danger as a result of providing such information;" and" "is eligible to receive a reward under section 36(a) of the State Department Basic Authorities Act of 1956." INA Sec. 101(a)(15)(S)(ii). Another applicable law, though not part of the INA, is 50 U.S.C. Sec. 403(h). This provision of the Central Intelligence Agency Act provides that, "[w]henever the Director [of the CIA], the Attorney General, and the Commissioner of Immigration and Naturalization shall determine that the admission of a particular alien in the United States for permanent residence is in the interest of national security or essential to the furtherance of the national intelligence mission, such alien and his immediate family shall be admitted to the United States for permanent residence without regard to their inadmissibility under the immigration or any other laws and regulations, or to the failure to comply with such laws and regulations pertaining to inadmissibility[.]" The number of admissions under this provision is limited to 100 per year including family members. The Executive has been pushing the outer limits of its power in questioning and detaining aliens. May it also push the outer limits of its power to help the vast majority of immigrants and nonimmigrants who want to aid the United States.

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H-1B Tapes Now Available!

Tapes of the H-1B seminar by Angelo Paparelli and Stephen Yale-Loehr are now available.

For more info, or to order online, click here.
For more info, or to order by fax, click here.

Tip of the Day

Immigration Daily Searchable Archive of Past Issues

Immigration Daily maintains a searchable archive of past issues. Did you miss an issue of the Daily? Have you tried to go back and locate a case or notice from the federal register only to find you had deleted the e-mail? Are you a recent subscriber who wants to know what you missed in the earlier issues? All past issues of Immigration Daily are archived by date. You can also use the search function to search the digest portion, the original source documents or both. Coming soon will be improved search capabilities to help you refine your search further. Old issues of the Daily do not die, they just get archived. And unlike many on-line publications we do not require subscription or registration for access to the archive. Just like the e-mail subscription the archive is available to anyone who is interested-for free!

ILW.COM Featured Article of the Day

Beware of Indefinite Detention under the USA PATRIOT Act
Cyrus D. Mehta writes about that the USA PATRIOT Act grants unprecedented new powers to the Attorney General to detain any noncitizen he certifies as engaging in terrorist activity or is a threat to national security.

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Immigration News

Sentencing under Money Laundering Guidelines for Harboring Illegal Aliens
In US v. Kosmel, No. 00-4294 (7th Cir. Nov. 29, 2001), where the pro-se Plaintiff was convicted of unlawfully harboring aliens, encouraging aliens to reside unlawfully in the US, engaging in a pattern of unlawfully hiring aliens, money laundering, and engaging in monetary transactions with criminally derived funds, the court rejected the argument that sentencing should not be under the money laundering guidelines because the true criminal conduct was harboring illegal aliens.

No Authority to Depart Downward Based on Deportable Alien Status
The court in US v. Vasquez-Resendiz, No. 01-2166 (8th Cir. Nov. 29, 2001), found that the District Court did not err when it determined that it lacked the power to grant a downward departure in Defendant's sentence based on his deportable-alien status. The court has made available the Appellant's brief and Appellee's brief.

No Issue of Material Fact on Nationality
In Baeta v. Sonchik, No. 00-16073 (9th Cir. Nov. 29, 2001), the court determined that it had jurisdiction to entertain the habeas petition, but that there were no issues of material fact raised by Petitioner that would justify an evidentiary hearing on nationality.

Immigration in the Press

US to Offer Immigration Incentives for Terrorism Information
According to CNN Attorney General Ashcroft announced a new plan to possibly offer immigration assistance to encourage international citizens living in the US or abroad to come forward with information about suspected terrorists.

"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 30, 2000

"INS Issues Guidance on AC21 The INS has released questions and answers about the implementation of the "American Competitiveness in the Twenty-First Century Act" (AC21) including their interpretation of the increase in the cap, limitations on the portability provisions and a reminder that the increase in the ACWIA fee to $1000 is effective on December 17, 2000."

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:

Benjamin Lowe's letter from November 29 seems to confuse right and wrong. Regardless of Thomas Aquinas distinction between bad acts, there is absolutely a connection between breaking the law and morality. Deciding that one can break a law because that individual considers it arcane or bizarre doesn't (or shouldn't) shield one from punishment for that decision. If one can decide to "technically" break immigration law then what keeps them from deciding to break other laws? Our decisions, good or bad, are based on our moral character and certainly, on our honesty.


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For information on advertising in the classifieds please click here.

McKinsey & Company, Inc., an international management consulting firm ( is looking for an Immigration Legal Assistant to perform immigration legal processing and administration and to provide administrative assistance to the Director of Mobility in Midtown Manhattan. Requirements: Bachelor's degree Advanced skills in Excel, PowerPoint and Word 2 years immigration paralegal experience Strong verbal and communication skills Ability to deal with demanding clientele Responsibilities will include (but not be limited to) 1. Answer questions/provide information regarding the firm's policies on immigration (i.e., sponsorship of H-1B visas, green cards) 2. Manage electronic tools and databases to assist in efficient functioning of immigration legal process (typically using Excel Spreadsheets from internal immigration tracking database/external "Immigration Home Page") 3. Draft immigration filings and various employment and travel support letters on behalf of immigration counsel with the government such as TNs, J-1s 4. Engage in basic level immigration legal research using both on-line and hard copy resources 5. Set up/arrange meetings and conference calls, travel itineraries, and assist with preparation of documents as well as field inquiries/messages when managers are not available 6. Provide project support to Director of Worldwide Mobility. McKinsey & Company offers an excellent benefits package which includes 3 weeks of vacation for years 1 and 2, and 4 weeks thereafter; company-paid medical and dental coverage; profit-sharing; healthcare and dependent care flexible spending accounts; TransitCheks; child and elder care referral service; and emergency back-up child care. Please e-mail resume and compensation requirements to (or fax to: 212-847-7121).

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 or e-mail

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