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Immigration Daily

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Immigration Daily
Arthur L. Zabenko, Esq., Legal Editor
December 17, 2001
Previous Issues

Editor's Comments

For more than one author of a letter to the editor the meaning of the word alien is a creature from outer space rather than something to do with immigration law. Other than perhaps for the gang at Hogwarts, words have no meaning in and of themselves. Their definitions and connotations change. Witness the progression from Negro to colored to Black to African-American to person of color. Theatergoers would probably expect a contemporary movie titled "The Gay Divorce" to revolve around something other than the plot of the Fred Astaire movie. Readers constantly discern the appropriate meaning of words based on context.

The Oxford English Dictionary, while not the sole authority, is a valuable resource for information on the origins of English words. The earliest referenced use of the word "alien" is from 1330 with the sense of "a person belonging to another family, race, or nation; a stranger, a foreigner." The other meanings of "of a foreign nation and allegiance," "foreign in nature or character; belonging to something else; of foraying or other origin," "of a nature of character differing from, far removed from, inconsistent with," have histories going back centuries. The science fiction meaning of a being from another world or planet does not appear until the middle of the 20th century, around the time the Immigration and Nationality Act was enacted. Section 101(a)(3) of the Immigration and Nationality act defines an alien as "any person not a citizen or national of the United States."

In our publications we use the term "alien" as a term of art. Until Congress changes the legal definition of alien, or the general usage of the term to mean solely a creature from another world becomes so pervasive as to render usage in the immigration context confusing, it seems appropriate to continue to use to word alien in its non-perjorative sense of a "person not a citizen or national of the United States."

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200,000 Attorney Searches per Year!

Approximately 200,000 searches are made each year for immigration attorneys on ILW.COM. That's 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

Print This Page

In response to requests from readers, ILW.COM has added a "Print this Page" feature to Immigration Daily pages. Some readers pointed out that if they used the "print" button on the browser, some words at the right hand side of the page would be lost. Clicking on the new Print this page will automatically remove all advertising banners and menu strips, and give you a plain text version of the page formatted to fit a standard sheet of paper. Print this page allows you to print the Daily, cases, Congressional Record, Federal Register, INS, DOS, DOL items and featured articles to read when you are away from your computer and to save for future reference. You can find this new feature on the top and the bottom of every Immigration Daily page. We hope this feature will make the Daily more useful to you.

ILW.COM Featured Article of the Day

Never Say "i" (Unless You Must): Employment-Based Options for Adjustment of Status that Avoid INA 245(i) (Part I)
Angelo A. Paparelli and John C. Valdez start a series on the possibilities for employment-based adjustment of status without relying on section 245(i)

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Immigration News

Offense Commences with Entry
In US v. Lara-Cruz, No. 01-1147 (1st Cir. Dec. 13, 2001), the court determined that the offense of being found in the US after having been deported commences upon entry into the US.

Grants from H-1B ACWIA Fees
The Department of Labor announces the availability of funds from the H-1B ACWIA fee and solicitation of grant proposals for programs to train US workers.

BIA Holiday Closing
The Board of Immigration Appeals (BIA) will be closed on Monday, December 24, 2001. All items due on December 24, 2001, will be due the next business day, Wednesday, December 26, 2001.

GAO Report on INS and Custom's Officers' Pay
A report from the General Accounting Office (GAO) comparing the pay of Custom's and INS officers finds that due to differing provisions on overtime, fundamental differences in how work is scheduled, foreign language proficiency awards, the inclusion of overtime pay for retirement purposes and other differences make it difficult to compare pay between the two agencies.

Cosponsor Rep. Osborne on Passage of Basic Pilot Extension Act of 2001
Rep. Osborne is pleased to be a cosponsor of H.R. 3030, the Basic Pilot Extension Act of 2001, which passed the House by voice vote on December 11, 2001.

Rep. Bereuter Supports the Basic Pilot Extension Act of 2001
Rep. Bereuter rises in strong support of H.R. 3030, the Basic Pilot Extension Act of 2001.

Immigration in the Press

Annual Mexican Holiday Exodus Begins, but Volume Unclear
According to the Arizona Republic many Mexicans living in the US have begun their annual holiday exodus home, but officials on both sides of the border are still wondering whether the volume of travelers will reach the season's usual highs.

ILW.COM Chats and Discussions of the Day

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

"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 December 15, 2000

"INS Issues Foreign Travel Advisory for Adjustment Applicants The INS is urging all aliens with pending applications for adjustment of status or change of nonimmigrant status to consult an immigration attorney or an immigrant assistance organization accredited by the Board of Immigration Appeals ("BIA") before making any foreign travel plans."

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:

In response to Ms. Gracio's letter in the December 14 issue of Immigration Daily, I would like to make a few comments on her "reality" v. "myth" theory regarding illegal immigrants.


  1. Illegal immigrants/aliens are not "thrown" into their illegal status due to some misfortune but have chosen to break the immigration laws of the United States and entered illegally or intentionally overstayed their visas and remain here illegally;
  2. Many illegal immigrants who are working here illegally, with either fraudulent documents or stolen documents, are not paying their taxes and yet are using our schools, transportation, hospitals, etc. at our taxpayer's expense;
  3. Many Americans, especially in New York, who have been laid off due to the recession would gladly accept employment that an illegal immigrant is holding today without any work authorization.
  1. That the U.S. will continue to use the same old tired saying that we are a nation of immigrants and let everyone in legally or illegally.
We are in a turning point in our history due to what happened on 9/11 and for the 21st century we should and are turning our attention to becoming a nation of LEGAL immigrants. This includes thorough background checks prior to LEGAL entry and a tracking system post LEGAL entry and it is about time!

Yours Truly,

Dear Editor:

In response to the letter from Maria Gracio, I would like to point out that illegal aliens (that is the appropriate term) are not "thrown" into an illegal residency situation, they choose it.... [To read the whole letter, click here].


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For information on advertising in the classifieds please click here.

National immigration law firm seeks senior level business immigration attorney, with 7+ yrs. exp. in all aspects of employment based immigration, for its Atlanta, Georgia office. The position requires strong writing and excellent verbal communication skills. The ideal candidate has had account management experience and is able to work independently in a team environment. Competitive salaries and excellent salaries offered, will relocate. Please send resume and writing sample to: Anne-Rose van den Bossche, Esq., Fragomen, Del Rey Bernsen & Loewy, 515 Madison Avenue, New York, NY 10022, or fax to (212) 223-8757 or e-mail No calls please.

West Group, the preeminent provider of information to the U.S. legal market, has an opportunity for a skilled attorney editor to join our team in the heart of Washington, D.C. The attorney editor will contribute to West Group's immigration law publications and products, primarily Interpreter Releases, the leading immigration law periodical in the U.S. In addition to an LL.B. or J.D. degree from an ABA-approved law school, qualified candidates must have excellent writing, editing, and analytical skills, sound editorial judgment, and the ability to work collaboratively and cooperatively in a team environment. Experience in immigration law is preferred. The position requires the ability to interpret, analyze, and communicate both current news developments and detailed legal material in a clear and concise manner under a tight weekly deadline. Strong computer and organizational skills and the ability to prioritize and handle multiple tasks and roles are essential. Product administration skills are also required, including for print and online delivery. We are not accepting paper, e-mailed, or faxed resumes. If you are interested in applying for this position, please apply through our website at Please also attach your writing sample (preferably in Word for Windows format) to your online resume, if possible, or fax or mail the sample separately to: Betty James, West Group, 901 Fifteenth St., NW, Suite 1010, Washington, D.C. 20005. No phone calls, please. Equal Opportunity Employer

The Association of the Bar of the City of New York will hold a symposium on December 17, 2001 entitled: "Who is a Terrorist? An In-Depth Look at the Immigration Provisions of the New Anti-Terrorism Legislation." The program is sponsored by the Committee on Immigration and Nationality Law. All interested persons are invited to attend. No fee or reservation is required. For further information, contact Cyrus Mehta, Chair 212-425-0555 or 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