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Immigration Daily

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Immigration Daily
Arthur L. Zabenko, Esq., Legal Editor
March 11, 2002
Previous Issues

Editor's Comments

H.R. 1885, the bill to restore section 245(i), is scheduled to come up for a vote in the House on Tuesday, March 12. After having the passed by the House on May 21 of last year, it was passed by the Senate on September 6 with the amendment that in the case of a beneficiary of a petition for classification, or an application for labor certification hat was filed after April 30, 2001, it must be shown that "the familial relationship existed before August 15, 2001, or the application for labor certification that is the basis of such petition for classification was filed before August 15, 2001." Though clearer, the language of the Senate amendment is less flexible than the House version which required a showing that the "familial or employment relationship that is the basis of such petition for classification or application for labor certification existed on or before April 30, 2001."

The employment relationship that is the basis for an application for labor certification is the intent to employ the beneficiary in the position when he is granted permanent resident status. A good example of this is an employer filing a labor certification for someone who has never been in the US as a means for the beneficiary to obtain an immigrant visa and come to work for the employer. The House version left a possibility for arguing that the employment relationship, the intent to hire the worker when permanent resident status is granted, existed at a certain time even if the labor certification application had not yet been filed. Whether or not the argument could be successfully made to the INS will remain unknown.

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ILW.COM Featured Article of the Day

Reflections on the Good Men and Women of INS
Jose Latour writes that "the good men and women of the INS are the good men and women of America, a representative cross-section of our wonderful culture, complete with virtues and vices, freckles and dimples and funny accents, a slice of this big old pie we like to think of as a 'Melting Pot.'"

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Immigration News

Terroristic Threats an Aggravated Felony
In Bovkun v. Ashcroft, No. 01-2180 (3rd Cir. Mar. 8, 2002), the court determined that a Pennsylvania conviction for making terroristic threats was a crime of violence and so an aggravated felony for purposes of immigration law though graded as a misdemeanor under state law.

Restoration of Fairness in Immigration Law Act of 2000
Rep. Conyers introduced the "Restoration of Fairness in Immigration Law Act of 2000," a bipartisan bill which "restores fairness to the immigration process by making sure that each person has a chance to have their case heard by a fair and impartial decision maker."

Help for Filipino Servicemen
Rep. Cunningham introduced legislation to help Filipino servicemen of the US Navy, and their families.

Hearing on INS Budget
The House Committee on Appropriations: Subcommittee on Commerce, Justice, State and Judiciary held a hearing on appropriations for the Federal Judiciary and the INS.

Tancredo on Deportations
Rep. Tancredo criticized the INS for its inability to carry our deportations and states we are facing a flood of immigrants who "wish to retain the political, cultural, and linguistic ties of the country of their origin...."

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Immigration in the Press

Tancredo Doubts He Can Block Amnesty-Extension Bill
According to the Denver Post Rep. Tancredo said President Bush has struck a deal with the House leadership to place legislation that offers an extension of amnesty on its consent calendar before Bush heads to Mexico for a state visit next week.


Chat with Fariba Faiz
Attorney Fariba Faiz will answer questions on all aspects of immigration law on Monday, March 11, 2002, at 9:00 p.m. Eastern (New York) time. Questions will be accepted beginning 15 minutes before the start of the chat.

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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