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Immigration Daily

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Immigration Daily
Arthur L. Zabenko, Esq., Legal Editor
March 4, 2002
Previous Issues

Editor's Comments

The INS has released a memo providing guidance on the implementation of recent legislation relating to the employment of spouses of E and L beneficiaries, as well as overseas employment requirements for beneficiaries of L blanket petitions. Since regulations implementing the statute have not yet been promulgated, and since the statute was effective immediately upon enactment in January 2002, this memo will hopefully be of help to those attorneys with affected alien beneficiaries.

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ILW.COM Featured Article of the Day

The ABC's of Immigration - Citizenship Rules for People Born Outside the U.S.
Greg Siskind writes about general rules for citizensip for those born outside the U.S.

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Immigration News

INS Memo on employment authorization for E & L spouses
The INS has released a memo providing guidance on the implementation of recent legislation relating to the employment of spouses of E and L beneficiaries, as well as overseas employment requirements for beneficiaries of L blanket petitions.

Suspended and Expelled Practitioners
The Executive Office for Immigration Review (EOIR) has updated its list of suspended and expelled practitioners.

Length of State Probation makes Alien Removable
In Vasquez-Velezmoro v. INS, No. 01-2032 (8th Cir. Mar. 1, 2002), the court held that because petitioner received a term of state probation longer than that allowed for eligibility for relief under the Federal First Offenders Act, he was removable because of his conviction, even though his conviction was expunged under Texas law.

Alien entitled to individualized bond hearing
In Ojogwu v. Ashcroft, No. 02cv00210 (D. of Minnesota, Feb. 26, 2002), the court found that the petitioner who had been ordered deported by the IJ on the grounds of having been convicted of two crimes involving moral turpitude and on the grounds of having been convicted of an aggravated felony was entitled to an individualized bond hearing.

Rep. Schakowsky introduces Battered Immigrant Family Relief Act
Rep. Schakowsky of Illinois announced her introduction of the "Battered Immigrant Family Relief Act". The text of the bill was not available at press time.

Rep. Udall honors Chinese immigrant
Paying a tribute to an immigrant-entrepreneur, Rep. Udall of Colorado said: "Mr. Speaker, at a time in our country's history when many are skeptical of the enormous contribution that immigrants and their families make in contributing to the success of America and strengthening our communities, I am encouraged by the example of Dan Tang."

Hearing on the "Unaccompanied Alien Child Protection Act."
The Senate Subcommittee on Immigration hearing on the "Unaccompanied Alien Child Protection Act" included statements from Senators Patrick Leahy, Orrin Hatch, Sam Brownback, and Maria Cantwell and testimony from Michael Creppy, Stuart Anderson, Edwin Munoz, Wendy Young, Andrew Morton, and Julianne Duncan.

Inspector General testimony to House
The Inspector General of the Department of Justice testified to the House Immigration Subcommittee concerning the Visa Waiver Program that OIG "found that the INS efforts to address the national security risks posed by the program were insufficient and were conducted in an ad hoc and sporadic manner."

Comment Requests for I-43, I-760, N-336
The INS is seeking comments on I-43, Baggage and personal effects of detained aliens; I-760, Guam Visa Waiver Agreement; and N-336, Request for hearing on a decision in naturalization proceedings under section 336.

Extension of Comment Period for I-94W, I-508, I-600, I-602, I-612, I-694
The INS is extending for 60 days the comment period on the I-94W, Visa Waiver Nonimmigrant Arrival/Departure Docment; I-508, Waiver of Rights, privileges, exemptions and immunities; I-600, Petition to classify orphan as an immediate relative and application for advance processing of orphan petition; I-602, Application by refugee for waiver on grounds of excludability; I-612, Waiver of the foreign residence requirement of section 212(e) of the Immigration and Nationality Act; and I-694, Notice of Appeal.

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Immigration in the Press

U.S. nears border deal with Mexico
The Arizona Republic reports that U.S. and Mexican negotiators are working on an agreement to increase the number of Mexicans allowed to work in the United States and that the plan may be ready for President Bush and Mexican President Vicente Fox to unveil when the two leaders meet later this month in Monterrey, Mexico.


Chat with Robert Perkins
Attorney Robert Perkins will answer questions on all aspects of immigration law on Monday, March 4, 2002, at 9:00 p.m. Eastern (New York) time. Questions will be accepted beginning 15 minutes before the start of the chat.

Letters to the Editor

Dear Editor:

To reunite children with their parents is the policy of natural justice and equity. In view of this, the former President Bill Clinton signed the bill the LIFE Act of 2000 into law creating a new visa category, the "V" visa, which has allowed the children of F2A category, who have been separating from their parents for more than 3 years. This act of the United States is very praiseworthy. But, the children of F2B category, who have been separating from their parents for 9 years, have been debarred from taking the advantage of this newly created V visa. With this, it is certain that justice is not done to them. It is astonishing to say that how the U.S. legislators have ignored the children of the F2A category who have been separating from their parents for almost a decade, when creating the V visa. This is to draw the kind attention of the U.S. legislators to the hardships being suffered by both the children of the F2B category and their parents. Therefore, this is my humble request to the U.S. legislators to amend the LIFE Act of 2000 entitling the children of the F2B category also for the "V" visa so that they could join their parents.

Chhimi Tataya Bhata

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Genelex has more than a decade of experience with the complexities of DNA testing for the establishment of citizenship rights. In addition to many INS cases, we've resolved high profile international cases such as the Larry Hillblom estate and remains identifications that have allowed us to build relationships with US and foreign agencies worldwide. Contact us today to set up testing or to have free information sent. Join our referral network and your clients will receive a 5% discount. For immediate consultation Call 800-TEST-DNA Hours 6:30 AM to 5:00 PM PST fax 425-825-1870, e-mail:, Free, Nationwide Immigration Attorney Directory. Many clients who contact us for parentage testing are also looking for an immigration attorney in their area of the country. Join Genelex's on-line Immigration Law Directory to direct these clients to your firm. Joining is easy: 1. E-mail your practice information to including a brief description of your services. 2. If your practice has an Internet site, provide a link back to our parentage testing site at 3. Increase the information value of your web site by linking to the parentage testing chapter of DNA in the Courtroom: A Trial Watcher's Guide at

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