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Immigration Daily

The leading
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Immigration LLC.

Immigration Daily
Arthur L. Zabenko, Esq., Legal Editor
March 1, 2002
Previous Issues

Editor's Comments

Mumbai attorney Sudhir Shah writes about US student visas from an Indian perspective While perhaps not providing much new in the way of substantive law for American practioners of immigration law, an outside view of our system may still be informative. For example, the recent denial of admission to a student because a relative had overstayed a period of admission surprised many practioners as an unpredented action by the INS. Mr. Shah writes of it as something to be expected. Being aware of the expectations of those abroad can help American practitioners guide their clients through the process. ILW.COM welcomes article on all aspects of immigration law. Send to

The Texas Service Center processing times have been updated.

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ILW.COM Featured Article of the Day

Student Visa of USA
Mumbai attorney Sudhir Shah writes about US student visas from an Indian perspective.

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Immigration News

Court Finds Past Persecution Not Rebutted by INS
In Salazar-Paucar v. INS, No. 99-71306 (9th Cir. Feb. 28, 2002), the court found that death threats received by Petitioner combined with harm to members of his family and the murders of his political counterparts compelled a finding of past persecution and that a 1993 Amnesty International report did not rebut the the presumption of future persecution.

Seven Years of Domicile Does not Mean Seven Years as Permanent Resident
The court in Kolster v. Ashcroft, No. 97-11079 (D. Mass. Feb. 25, 2002), ruled that to be eligible for discretionary relief under section 212(c), the requirement of seven years of lawful unrelenquished domicile does not require seven years of legal permanent residency.

Rep. Smith Praises the "Family Sponsor Immigration Act"
Rep. Smith praises H.R. 1892, The Family Sponsor Immigration Act, as "a bill that will help keep the American Dream alive for immigrants whose hopes have been crushed by the sudden or unexpected death of their American sponsors."

Rep. Weiner Would Have Voted for the "Family Sponsor Immigration Act"
Rep. Weiner, had he not been unavoidably detained would have voted "yea" on H.R. 1892 to provide for the acceptance of an affidavit of support from another eligible sponsor if the original sponsor has died and the Attorney General has determined for humanitarian reasons that the original sponsor's classification petition should not be revoked.

Cosponsor for Recognition of Korean Immigration
Sen. Specter was added as a cosponsor of S. Res. 185, a resolution recognizing the historical significance of the 100th anniversary of Korean immigration to the United States.

Anniversary of Child Citizenship Act
Rep. Delahunt commemorates the first anniversary of the implementation of the Child Citizenship Act of 2001 which conferred automatically US citizenship on every young child under age 18 adopted by American parents.

Grant Proposals Sought for J-1 Balkan Programs
The Office of Global Educational Programs of the Bureau of Educational and Cultural Affairs seeks proposals for J-1 programs to cooperate with the Bureau in the administration of a three-year program to support the development of instruction in civic education, public administration, business administration, and the social, economic, and political sciences at eligible Balkan university faculties or departments and educational institutions.

J-1 Intercultural Public-Private Fellows Programs
The Bureau of Educational and Cultural Affairs requests grant proposals for J-1 Intercultural Public-Private Fellows Programs for Africa, Eurasia, Latin America, the Middle East, and South Asia.

Evaluation of J-1 Academic Programs
The Bureau of Educational and Cultural Affairs, Office of Academic Exchange Programs (ECA/A) has issued a 30-Day notice of proposed information collection on Evaluation of DOS-sponsored J-1 academic exchange programs.

Evaluation of J-1 Citizen Exchange Programs
The Bureau of Educational and Cultural Affairs, Office of Citizen Exchanges (ECA/PE/C) has published a 30-day notice of proposed information collection on evaluation of DOS-sponsored J-1 citizen exchange programs.

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Immigration in the Press

Activists Push Law to Aid Young Refugees
The Chicago Tribune reports that advocates for young detainees are pushing a US Senate bill that would require that unaccompanied immigrant children and teens be kept at shelters or in foster homes while their INS cases are resolved.

Letters to the Editor

Dear Editor:

Mr. Baer persists in trying to convince us that there is NO alternative for Americans in dealing with illegal immigration except to "lie back and enjoy it" and that not only must we enjoy it, we must offer citizenship and all its benefits to them.

A reason he gives is the large number of Hispanic Americans, who "constitute the largest ethnic voting minority." From my point of view, and that of many other Americans, that's precisely the reason NOT to legitimize illegal aliens. Doris Meissner, former Commissioner of the INS, recently noted, that were we to somehow "legalize" all 8 to 9 million illegal immigrants, that would also mean allowing the immigration of roughly 27 million of their relatives under family sponsorship. Not to mention, encouraging further illegal immigration such as we saw after the 1986 amnesty. Our foreign and domestic policies are already driven far too much by ethnic and racial politics--why on earth should we encourage this by enabling the formation of "voting blocs" who place their ethnic interests above the interest of the US as a whole?! Particularly those who have shown themselves not to understand or willing to abide by the rule of law underlying our country.
[To read the whole letter, click here]
Ali Alexander

Dear Editor:

I have read with interest the series of passionate letters supporting a type of "amnesty" for illegal aliens, particularly Mexicans, sent to ILW.COM since January 2002, written by Richard E. Baer, D.V.M. I understand that after working in Mexico for a time, he has a genuine concern, love and understanding of the Mexican people and their poverty-stricken plight in their homeland. I suggest, however, that Dr. Baer's efforts to aid their poverty, and to provide opportunity for them, would be better placed in Mexico, effecting change in the Mexican government and the thousand or so wealthy families that control Mexico, who are responsible for the poverty of the ordinary Mexican people.

While Dr. Baer's plea for humanity and mercy for these people is noble, his view appears clouded by passion rather than reason. I have been practicing immigration law for almost 24 years. I was around when the "amnesty" of 1986 was passed; a program I then supported, but a program that sang the same tired song Dr. Baer now sings. The 1986 amnesty program carried with it, as a political trade off to protect American jobs, a provision for employer sanctions. History reveals that neither the amnesty, nor the employer sanctions have been successful in achieving the goals of Congress, which were to bring the burgeoning illegal population into the mainstream of American life, while at the same time closing the door of illegal immigration behind them. History further reveals that litigation concerning the 1986 amnesty program and its administration by the INS continues through today, a victory just having been won by Peter Schey in the US District Court, resulting from INS abuses of the intent of the Congress in implementing that amnesty program.
[To read the whole letter, click here]
David D. Murray, Esq.

Dear Editor:

In a letter which appeared in this column on 2/28/02, Mr. Richard E. Baer accurately quotes me (in part) as saying that most "undocumented" Mexicans "...are honest hard working people who are coming here to make a decent living, which they apparently can't do in Mexico." (I probably should have used "decent" instead of "honest"). Taking the quote out of context, Mr. Baer used it to bolster his argument that these "undocumented" Mexicans are here to "join" our society. As a retired Border Patrol Agent and a present union representative, I don't believe that many of them are coming here to "join" us. They're here to get a job. For most of them, their homes and their hearts will always be in Mexico. It's incorrect to imply that they all want to stay here and become "Americans."

Mr. Baer also wrote that "There are no terrorists in this group." That's around 4 million people we're talking about; I doubt that he knows them all.

Mr. Baer says he's trying to "present possible solutions," but his words seem to say that the only possible solution is amnesty ("adjustment of status," "regularization," or call it what you will). There are many millions of us who disagree.

He then compares efforts to round up and deport "undocumented immigrants" to "ethnic cleansing." Aside from being a tad shrill, it's not accurate. Aliens who have ties (equity) here have several avenues of relief available to them, if they can show such ties. As a Border Patrol Agent, I couldn't arrest an alien who had equity in the US and who was not "likely to abscond." A file was created on them, and a determination was made later as to whether they should be removed from the US. Most of them, though, had no such ties and were granted "voluntary departure".

In 1986 there was an amnesty which was supposed to give us a clean slate to work on to handle our immigration problems. Since that time, the number of "undocumented" aliens in this country has risen to 8-11 million, depending on whose figures you use. Even if we were to grant another amnesty, it wouldn't solve the problem of illegal immigration. The only thing that might work is if the law, which is still on the books, relating to employer sanctions was enforced. (It's still a crime to knowingly employ an "undocumented" alien.) Unfortunately, there are any number of groups that don't want to see that happen. Often their motives have little to do with what's best for the US.

Meanwhile, the population of this country is headed for 400 million around the year 2050. Have those who favor massive or uncontrolled immigration thought about what the country will be like then?

John H. Frecker
Baileyville, ME

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Whittier Law School in Costa Mesa, CA is hosting the 19th Annual International Law Symposium entitled "Crossing National Borders: Immigration Law & Policy in the 21st Century," March 8th and 9th. For details, click here. [Long Download].

The Fed. Bar Assoc. will be having its 2d Annual Immigration Seminar on Law and Procedure on March 11, 2002 at 5:00 p.m.-9:50 p.m.. It will be located at 530 Fifth Avenue, 7th Floor, NY, NY. Speakers will include Hon. Margaret McManus (EOIR, NY), Cathy Marks (Chief, Immigration Unit, US Attorneys Off., SDNY), Jonathon Sack(Chief, Civil Div., US Attorneys Off., SDNY), Frederick W. Strasser (Proskauer & Rose LLP), Hon. Alan Vomacka, (EOIR, NY), Michael DiRaimondo (Private Practice,NY), Hon. Willaim Strasser (EOIR, NJ). There will be remarks by M. Barry Levy (Pres., Empire State Chapter, Federal Bar Association) and by Amy Gell (Chairman, Immigration Law Comm., Empire State Chapter, Federal Bar Assoc.) This course is good for four credits. For further inofromation please contact Amy Gell (212) 619 2859 or Hon. William Strasser (973) 645-3525.

The second annual New Jersey Institute for Continuing Legal Education (ICLE) Seminar that will be run in conjunction with AILA on Wednesday March 20, 2002, from 9:00 a.m. to 3:30 p.m. at the Gateway Hilton in Newark, New Jersey. Speakers include: Dolores DeHaan, Betty Manfredonia, Paul Novak, Andrea Quarantillo, Susan Rauffer and William Yates. For details click here.

The Midwest Legal Immigration Project is continuing its endeavor to provide basic immigration legal training to attorneys and paralegals practicing immigration law, or who wish to begin the practice of immigration law. Our next intensive week long basic legal immigration training seminar is scheduled for May 13-17, 2002, at the Marriott Hotel in downtown Des Moines. The seminar is co-sponsored by the Immigration Legal Resource Center of San Francisco. Successful graduates will receive assistance in applying for BIA accreditation if they wish. The seminar is accredited for 30 hours of CLE and 2 hours ethics for attorneys. The Marriott Hotel is offering sharply discounted rooms for $49/night plus tax. Call 1-800-228-9290 for room reservations and mention the immigration legal training seminar. For more information, call Jim Benzoni at 515-271-5730; fax 515-271-5757; or e-mail

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