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Immigration Daily

The leading
immigration law
publisher - over
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Immigration LLC.

Immigration Daily
Arthur L. Zabenko, Esq., Legal Editor
January 28, 2002
Previous Issues

Editor's Comments

ILW.COM announces a three-part teleconference & e-mail seminar: "Labor Certification with Joel Stewart." The first session on February 22nd will cover general issues, the second session on March 22nd will address special problems, and the topic for the third session on April 22nd will be responding to challenges. A panel of speakers in addition to Mr. Stewart will be announced. For details click here.

We have added to the processing times page information from the Department of Labor on processing times for LCAs, H-2As and labor certifications.

The Vermont Service Center processing times have been udpated.

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 #.


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:

ILW.COM Featured Article of the Day

Enriched or Entangled? - Opportunities and Risks In Hiring Foreign Workers (Part II)
Angelo A. Paparelli and J. Ira Burkemper complete their list of suggestions on how business can avoid problems with and enjoy the benefits of employing foreign workers.

Keep on top of the latest in immigration law! Attend ILW.COM seminars! You can attend ILW.COM phone seminars from the convenience of your office! For more info on the seminars currently available, please click here:

Immigration News

CCA Not Retroactive
In Baresic v. Ashcroft, No. 01-C-7432 (N.D. Ill. Jan. 18, 2002), the court rejected the argument that automatic citizenship provisions of the Child Citizenship Act were retroactive.

No Habeas Where Petitioner Would Not Have Been Eligible for Relief
The court in Marcelus v. INS, No. 01-2587 (E.D. Penn. Jan. 2002),
determined that while a statute precluding eligibility for a waiver could not be applied retroactively to an alien whose conviction of an aggravated felony was obtained through a guilty plea and who would have been eligible for a discretionary waiver at the time of the plea, Petitioner would not have been eligible for a discretionary waiver so there was no basis to grant his habeas petition.

INS Estimates on Immigration
The INS has released estimates on the number of people emigrating from the US and the numbers and characteristics of people residing in the US illegally. It will appear as a chapter in the forthcoming 1999 Statistical yearbook including the appendices, charts, and tables.

T Nonimmigrant Application Process
The INS fact sheet on the new T visa includes information on how and where to file.

Rep. Bereuter Commends "Rights of Aliens More Limited"
Rep. Bereuter commends to his colleagues the January 3, 2002, editorial from the Norfolk Daily News entitled "Rights of aliens more limited."

Immigration in the Press

Mexican Officials Lobby for Border Issues in Washington
According to the Arizona Republic a delegation of Mexican government officials lobbied congressional offices here Thursday, seeking support for a proposed U.S.-Mexico border council and asking that Congress press ahead with controversial work on immigration sidetracked by the terrorist attacks of September 11.

ILW.COM Chats and Discussions of the Day

Chat with Mark Kalish
Mark Kalish will answers questions on all aspects of immigration law on Monday, January 28, 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 26, 2001

"Asylum for Chinese Student Demonstrator In Lin v. INS, No. 00-1849 (3rd Cir. Jan. 24, 2001), the court reversed the Immigration Judge ("IJ") and Board of Immigration Appeals ("BIA") and granted asylum and withholding of deportation to a Chinese student who participated in marches in Fujian province in 1989."

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:

Like Ms. Christine Flowers, I'd like to thank you for providing this "interesting forum." I was going to refrain from writing for awhile, but I can't ignore her response of January 24.

In it Ms. Flowers wrote about visa overstays and that they have violated the "civil" law. I agree; I'm not aware of any criminal provision for merely overstaying one's period of admission. (If they use phony papers - to obtain employment,for example - or if they lie to law enforcement officers, that's another story.) I clearly stated that I was writing about Title 8 U.S.C. (United States Code) Section 1325, which is a criminal statute. It makes it a crime to enter the US via EWI (Entry without Inspection) or to obtain a visa or admission to the US by lying. (That's the condensed version). Ms. Flowers wrote: "Immigration proceedings are civil, not criminal, unless the alien has also committed a crime in which case he is called a "criminal alien." I'm not a lawyer, but I dealt with the immigration law for 28 years as a Border Patrol Agent; Ms. Flowers seems to have conveniently ignored certain facts. Aliens who EWI or lie to obtain a visa or entry have committed a crime for which they can be (and frequently are) prosecuted in federal courts. Aliens who are apprehended and who are not going to be prosecuted may be removed from the US via the "civil proceedings" to which Ms. Flowers referred. They may be deported (which is a formal proceeding involving a hearing), or they may be granted "Voluntary Departure" if they waive their right to a hearing. Some aliens are first prosecuted for violations of the immigration laws (criminal) and then deported (civil).

Ms. Flowers wrote that her "primary goal is compliance with the legal and orderly obtention and distribution of visas" but that she would "permit visa overstays to attempt to legalize their status." To me, that seems contradictory.

John H. Frecker
Baileyville, ME

Dear Editor:

Your Editor's Comments of January 23 were on the mark. A new solution is needed for the immigration problem.

Unskilled foreign workers with little education but with a desire to work, find it practically impossible to enter this country legally. Undocumented immigrants do break a civil law. Restrictionists find this completely unforgivable. Their solution is to return these lawbreakers to their country of origin where under our present laws they must wait from three to ten years after which time they are counseled to once again attempt the impossible.

Many of these undocumented immigrants have spent years working in this country. They have paid their taxes, established homes, given birth to children and have led good productive lives.

Considerate and compassionate citizens in our country appreciate these accomplishments and believe that such accomplishments should mitigate the punishment for breaking a civil law....
[to read the whole letter, click here].
Richard E. Baer, DVM

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For information on advertising in the classifieds please click here.

Associate Attorney wanted to handle a variety of primarily employment-based immigration cases for a good mix of institutional/individual clients, as well as some family-based immigration and naturalization cases; Must have excellent writing and computer skills; Must be a member in good standing of the bar (any jurisdiction); Prefer someone with 1-2 years of business immigration experience; but the most important qualification is the desire to practice in this area of law and serve the needs of immigrants and potential immigrants. Kapoor & Associates is a small, boutique, service-oriented immigration law firm located in Atlanta. Competitive salary/benefits are offered. Excellent opportunity to learn, grow and advance with expanding practice. Send resume and a writing sample to Romy Kapoor at

The Association of the Bar of the City of New York (Committee on Immigration and Nationality Law) and Gay Men's Health Crisis are sponsoring a CLE on "HIV+ Immigration Asylum and Petitioned Cases" on January 29, 2002, 6-9 pm, at The Association of the Bar, 42 West 44th Street. The program will include speakers from GMHC, an Immigration Judge and speakers from several international gay and lesbian human rights organizations, as well as a speaker from Human Rights Watch's new HIV project. 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.

Sessions on immigration law enforcement, challenges to unlawful arrests and suppressing evidence in immigration proceedings will be part of the conference on Representing Immigrant Children, to be held in El Paso, Texas, Feb. 20-22. Visit Mexican Immigration Office and Child Protective Services in Ciudad Juarez, MEXICO. The training will also cover the immigration impacts of criminal conduct and juvenile delinquency, cutting edge political asylum claims for children, special immigrant juvenile status and other issues related to representing immigrant children. Trainers include Barbara Hines, University of Texas School of Law, Austin; Lynn Coyle and Rebecca Bernhardt, Lawyers Committee for Civil Rights Under Law of Texas; Chris Nugent of the American Bar Association; Holly Cooper, Florence Project; Angela Lloyd, Covenant House, Newark; Mony-Ruiz Velasco, Chicago. El Paso is located on the Texas-New Mexico-Mexico border, at the southern tip of the Rockies, in the Chihuahua Desert, about one hour from White Sands National Monument, three hours from Carlsbad Caverns and other historic and natural sites. For more information contact: Sofia Munoz, Lawyers Committee for Civil Rights, or University of Texas at El Paso, 915-747-8866, or, in Dallas, Natalia Walter

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