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Immigration Daily

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Immigration Daily
Arthur L. Zabenko, Esq., Legal Editor
January 22, 2002
Previous Issues

Editor's Comments

The INS has published statistics on the number of people granted permanent resident status in Fiscal Year 1999 and Fiscal Year 2000. In FY1999 646,568 people became permanent residents. According to the INS the number of immigrants granted legal permanent residence was lower than expected due to a backlog in the number of pending adjustment applications. In FY2000 the number rose to 849,807. More than half of the people adjusted in the US instead of entering from abroad. The number of family sponsored immigrants fell to 68.7% in FY2000 compared to 73.7% in FY1999, while the number of employment based immigrants rose from 12.6% in FY2000 from 8.8% in FY1999. The appendices and tables provide breakdowns by country of origin and intended destinations for the immigrants. Let the analysis begin!

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Deadline is Tuesday, January 22nd!

The deadline to sign up for the first phone session of "Adjusting Your Thinking: Who Can, Who Can't and Who Shouldn't Adjust Status" is Tuesday, Jan 22nd.

For the syllabus, click here.
For questions and answers about the seminar series, click here.
To sign up online, click here.
To sign up by fax, click here.

Click on the links above to decide if this seminar series will be useful to you. If you have any questions about the seminar series, you can send them to

ILW.COM Featured Article of the Day

Enriched or Entangled? - Opportunities and Risks In Hiring Foreign Workers (Part I)
In the first of two parts Angelo A. Paparelli and J. Ira Burkemper offer suggestions on how businesses can avoid problems and enjoy the benefits of hiring foreign citizens.

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

Permanent Resident May be Treated More Harshly than Other Aliens
In Lukowski v. INS, No. 01-1858 (8th Cir. Jan. 28, 2002), the court upheld as constitutional a statute which allows for the possibility of relief for aggravated felons who have not been admitted as permanent residents, but has no provision for relief for aggravated felons previously admitted as permanent residents. The court has made available the Appellant's brief and Appellee's brief.

Immigration Benefits in Exchange for Testimony Permissible
The court in US v. Feng, No. 00-50063 (9th Cir. Jan. 18, 2002), held that is was not a violation of the federal anti-gratuity statute for the government to offer immigration benefits in exchange for testimony.

Lack of Relief Does not Violate Equal Protection Clause
In Finau v. INS, No. 00-70238 (9th Cir. Jan. 22, 2002), the court found that a statute which provides discretionary relief for aliens seeking admission or adjustment but not to removable aliens does not violate the Equal Protection Clause. The court has amended its October 31, 2001, opinion.

FY1999 Statistics on Permanent Residents
INS statistics show that the number of people granted permanent residence in the US in FY1999 was 646,568, the leading countries of origin were Mexico, China, the Philippines, India and Vietnam, and the primary destinations were California, New York, Florida, Texas, Illinois and New Jersey.

FY2000 Statistics on Permanent Residents
INS statistics show that the number of people granted permanent residence in the US in FY2000 was 849,807, 69% were sponsored by family members, the leading countries of origin were Mexico, China, the Philippines, India and Vietnam, and the primary destinations were California, New York, Florida, Texas, New Jersey and Illinois.

INS News Release on Immigration Figures
A news release from the INS summarizes the legal immigration numbers for fiscal years 1999 and 2000.

Immigration in the Press

A Long, Long Wait For Resident Status; INS Pledges Faster Processing of Cases
According to the Washington Post until recently INS officials were estimating that it could take as many as 20 more years to process thousands of Salvadorans and Guatemalans who fled their homelands in the 1980s and have lived for years in legal limbo, but INS officials said this week that the agency had decided to commit additional resources for overtime and perhaps extra staff to handle more NACARA cases.

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This Day in Immigration

From January 19, 2001

"GAO Report: INS Needs to Strengthen Its Investment Management Capability The General Accounting Office (GAO) has issued a report that addresses the INS's management of information technology investments. The report finds that the INS still has to do considerable work to implement fully a mature and effective process, and makes recommendations to strengthen the INS's investment management capabilities."

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:

I would like to respond to J. Seyes' recent letter concerning the abolition of 245(i). While I understand the writer's position, and certainly sympathize with the plight of individuals who have been waiting abroad in order to be lawfully admitted to this country as permanent residents, I think that it is necessary to point out certain facts that the writer is either ignoring, or discounting.

I, too, would agree that we could eliminate 245(i) but only if the Legislature simultaneously abolished the provisions in the INA which deal with "unlawful presence." More specifically, I am referring to the bars contained in Section 212((A)(9)(B) which provide that an individual who leaves the United States after having been unlawfully present for at least 180 days may not be readmitted to the United States for a minimum of three, and a maximum of ten, years.

In the absence of 245(i), which allows an individual to adjust his or her status even if they have overstayed their visas or entered illegally, the alien is required to leave the country and file for a visa at a US consulate abroad. However, the moment the alien steps foot outside of the country (assuming they have been in the US for more than 180 days without permission) they are barred from returning for years. Imagine the hardship on families with small children, or on businesses counting on the services of these aliens.

It is quite simple for people to say, "They deserve the punishment, they entered at their own risk." This, however, ignores the fact that many of the people who will be effected by the unlawful presence bars entered before Congress enacted the provision which created those bars. Even in the absence of 245(i), these people would have been able to return home to file for a visa in their native countries, and return to the United States when the visa was approved. Now, with the unlawful presence bars, they will be effectively exiled for up to a decade.

It is very nice to say that people should be punished for violating the law. However, we are not talking about criminals. Criminals are not helped by 245(i), and would be inadmissible on other grounds. Section 245(i) only applied to those who had violated their visa status, and were otherwise admissible.

In my opinion, the best solution would be to eliminate the unlawful presence bars, and thereby render Section 245(i) irrelevant. I, too, feel that individuals who have been waiting patiently abroad should be given preference over those who are illegally present in the United States. However, we cannot ignore the horrible consequences created by the unlawful presence bars, and must endeavour to be as fair (and humane) as possible in dealing with people who only want to create a better life for themselves and their families.

Very truly yours,

Christine M. Flowers, Esquire
Philadelphia PA

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For information on advertising in the classifieds please click here.

We are seeking at least two attorneys to practice in the areas of business and family immigration, port of entry inspections, and consular processing. Applicants should have at least 2 to 5 years of experience. Depending upon experience and practice, limited equity shareholder positions may be available. Board certification an obvious and appreciated plus. Ability to speak Spanish as well as other languages preferred. Excellent internet and legal writing skills are required. The positions are in El Paso with the firm of Kemp Smith, P.C. The firm has been in existence for over 100 years and has another location in Austin. El Paso offers close proximity to the US Consulate in Cd. Juarez and a user friendly INS district office as well as several ports of entry. The firm's web site is at For further information, please contact Kathleen Walker at 915-546-5325 or via e-mail at

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) 750-1121 or e-mail No calls please.

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