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Immigration Daily

The leading
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Immigration Daily
Arthur L. Zabenko, Esq., Legal Editor
January 14, 2002
Previous Issues

Editor's Comments

In the second of his two-part series Importance of Maintaining Status after September 11, Angelo A. Paparelli addresses increased DOL and INS enforcement of employer sanctions and labor protections, how to deal with a deal with a client's lapse in status, and how a lapse in status affects an alien's ability to adjust status. While the September 11 attacks have not yet led to major statutory changes as some feared, the affects on the enforcement of the immigration laws have been and continue to be significant. Keep yourself informed.

The priority dates for the family, employment and diversity lottery categories have been updated.

The Nebraska Service Center processing times have been updated.

How to Get and Keep Corporate Clients? Use ILW's Case Tracking! Each case takes only a few minutes from start to finish! Serious practitioners find this modern technology a "must have." For more info, send e-mail to:, include your phone #.


Seminar with Ron Klasko

  1. Who is Ron Klasko, and why is he worth listening to?
  2. Why should you listen to this seminar?
  3. What is the subject and why is it important to your practice?
  4. What are the other benefits of this seminar for you?
  5. How can you save money when attending this seminar?
  6. How can you order? What is the deadline? Questions?
  7. Brief Bios of the Speakers

For answers to these questions, click here.

ILW.COM Featured Article of the Day

Importance of Maintaining Status after September 11 (Part II)
Angelo A. Paparelli provides more guidance about the importance of maintaining status since the September 11 attacks.

Get new clients & keep them happy by staying on top of the latest! Adjustment is now quite complex & involves weighing many issues. So does Consular Processing (& traveling is a monkey wrench!) Noted attorney Ron Klasko (former AILA National President) will share his unique insights & guide you through the new subtleties & nuances in his seminar. Don't delay! Read all about it! For more info: Or:

Immigration News

Mistreatment Based on Ethnicity Rises to Persecution
The court in Begzatowski v. INS, No. 01-2225 (7th Cir. Jan. 11, 2002), found that the Immigration Judge and Board of Immigration Appeals (BIA) erred when they determined that being deprived of bathing facilities, denied adequate military training, experiencing physical abuse by officers and being sent to the front lines of battle without either bullets or a shovel because of ethnicity, did not rise to the level of persecution.

Disparate Treatment of Deportable Alien no Basis for Downward Departure
In "US v. Rodriguez, No. 01-2242 (8th Cir. Jan. 11, 2002), the court affirmed the district court's decision not to grant a downward departure from the sentencing guidelines on the basis that Defendant is an alien and so ineligible for a reduction in his sentence upon completion of a drug treatment program or release to a halfway house. The court has made available the Appellant's brief and Appellee's brief.

New Regs for Widows and Children of September 11 Victims
The Department of State is amending the regulations by adding to the definition of immediate relatives the widows and children whose spouses/parents were the victims of the terrorist acts of September 11, 2001.

DOS Clarifies Replacement Visa Reg
The Department of State has updated and clarified the regulation pertaining to the issuance of replacement visas for an immediate relative or for an alien subject to numerical limitation.

INTELSAT Employees Continued Eligiblity for G Visas
The Department of State has added INTELSAT (following privatization) as an "international organization" for G visas.

Immigration in the Press

No-bail Detention Law Ruled Unconstitutional: Legal Noncitizens Held in Deportation Cases
SF Gate reports on the recent decision in Kim v. Ziglar, No. 99-17373 (9th Cir. Jan, 9, 2001), which declared unconstitutional a law that allowed the government to lock up without bail legal immigrants awaiting deportation hearings.

ILW.COM Chats and Discussions of the Day

Chat with Mitch Berenson
Mitch Berenson will answers questions on all aspects of immigration law on Monday, January 14, 2002, at 9:00 p.m. Eastern (New York) time. Questions will be accepted beginning 15 minutes before the start of the chat.

Attorney listings on ILW.COM are searched 200,000 times/year! Each attorney listed is searched an average of once each day! Just one new client will pay for the entire year's fee! Click here for more info:

This Day in Immigration

From January 12, 2001

"Sudanese and Taliban (Afghanistan) Sanctions The Department of the Treasury has issued an interim rule and amendments relating to the registration of nongovernmental organizations in the Reporting and Procedures Regulations and Sudanese and Taliban (Afghanistan) Sanctions Regulations. Comments must be received by February 12, 2001. (relevant portions are highlighted)"

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:

Section 245(Ii) is an insult to all the honest, law abiding immigrants who have and are now currently waiting patiently for their visas to become available. The consular processing system would be severly undermined if 245(i) was reenacted. Why would anyone wait in line? Lets not reward criminal behavior. The fact is that a significant number of people who have benefited from this law, with the exception of people from Latin America and Canada, entered the United States with a fake passport and visa. These people later cover up their fraud by claiming to have entered without inspection when they go to adjust their status. If 245(i) is reinstated we might as well save some money and end consular processing. Stop rewarding criminal behavior.

Connor Mahuika

Dear Editor:

I am a US citizen married to a Mexican national. My husband had been in the US for almost 20 years when he was detained for 9 months and then deported (12/00) for a third offense DWI. I look forward to reading the Daily hoping to find laws or procedures that have changed in our favor. I have to admit that I was a little outraged to read the article [in the Atlanta Journal-Constitution] by Julia Malone about the EOIR blocking a deportation because a family would suffer a hardship. I don't think the INS or the EOIR have any idea what hardship is. There are thousands of families that are suffering from the ludicrous immigration policies and laws of this country. Our family is suffering, but the EOIR didn't give us a second glance. In March of 2001 the Circuit court in our circuit ruled that a DWI is not a crime of violence, which is the charge that was listed on my husband's NTA. We filed an appeal based on the ruling and were basically told by the EOIR that my husband has been out of the country over 90 days, so they didn't want to go to the trouble of reopening his file. Meanwhile, our 6 and 4 year old children are having to take anti-depressants in order to get through each day. I struggle to keep a roof over our heads. Is this not a hardship? The federal court stepped in and pulled the reins back on immigration and now nobody is detained or deported for this offense. So why is it OK for them to continue to destroy my family? I don't believe for one minute that there is any portion of the INS or the EOIR that is sympathetic to the well-being of the thousands of citizens that are suffering as a result of their policies and decisions. If someone was convicted of 1st degree murder and was later proven not guilty, would it be OK to just let that innocent person continue to serve the life sentence because he was already in jail? Sounds pretty ridiculous, doesn't it? That is what my family is dealing with. I am sorry for the extent of my letter, but it infuriates me to read material that implies the INS or EOIR has a heart. As horrible as it is, I search and search for a way to get my family back together.

Thanks for the ear,
A Faithful Reader

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For information on advertising in the classifieds please 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

The American Bar Association, Immigration and Nationality Committee of the Section of International Law and Practice, and the ABA Immigration Pro Bono Development and Bar Activation Project invite you to attend the following program and reception on Tuesday, January 22, 2002, "What Consular Officials Should Know About Recent U.S. Immigration Developments: A Dialogue With The Consular Corps And Legal Community," at the Canadian Embassy, 501 Pennsylvania Avenue N.W., Washington, D.C. 5:30-7:30 p.m. For details and registration form click here.

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 2002 American Immigration LLC, ILW.COM