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Immigration Daily

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Immigration Daily
Arthur L. Zabenko, Esq., Legal Editor
March 14, 2002
Previous Issues

Editor's Comments

The text of H Res. 365 is now available. As we noted yesterday the bill extends the deadline for eligibility of 245(i). The deadline for filing is "the earlier of November 30, 2002, or four months after the date the Attorney General issues implementing regulations." For relative petitions the qualifying family relationship must have existed before August 15, 2001. For 245(i) cases based on labor certifications, the labor certification must have been filed before August 15, 2001. These changes are treated as if included in the LIFE act, so only people who were present in the US on December 21, 2000, will be eligible.

The majority of H Res. 365 is the "Enhanced Border Security and Visa Entry Reform Act of 2002." (EBSVER anyone?). It authorized an increase in the numbers of INS employees and increases appropriations for training, and improvements in technology and infrastructure. It also contains numerous provisions aimed at strengthening national security by increased data sharing among government agencies and using technology to prevent the use of fraudulent documents. There are provisions for review of institutions authorized to enroll or sponsor F, J and M nonimmigrants. It directs the GAO to determine the feasibility and utility of requiring all nonimmigrants to report their address to the INS every year. President Bush has indicated his support for the resolution, but before it becomes law it will have to be passed by the Senate where it faces some opposition.

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Deadline for Labor Cert Seminar is March 19th!

Tuesday March 19th is the deadline to sign up for ILW's Seminar "Labor Certification with Joel Stewart." This seminar will help you cut through the complexity in labor certs to get real strategies which work. Joel Stewart is joined by a distinguished panel of guest speakers: Roxana Bacon, Lorna Rogers Burgess, Ron Klasko, Angelo Paparelli and Ann Pinchak.

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ILW.COM Featured Article of the Day

The ABCs of Immigration - J Waivers
Greg Siskind and Amy Ballentine review options for waiver of the J-1 two-year home residency requirement that remain available after the termination of the Department of Agricultures J-1 visa waiver program.

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Immigration News

Court Withdraws Zadvydas Opinion
The court in Zadvydas v. Davis, No. 97-31345 (5th Cir. Mar. 12, 2002), to comply with the Supreme Court's decision in Zadvydas v. Davis, No. 9907911 (2001), withdrew its opinion in Zadvydas v. Underdown, No. 97-31345 (Aug. 11, 1999), with the modification that the district court nor preclude itself from seeking to return Zadvydas to INS custody upon a showing that there is a showing of a substantial likelihood of removal in the reasonably foreseeable future.

Defective Representation Tolls Numerical Limitation
In Rodriguez-Lariz, No. 01-70006 (9th Cir. Mar. 13, 2002), the court found that where Petitioner was represented by someone claiming to be an attorney who failed to see that an appeal was filed on time, the defective representation equitably tolled the numerical limit on motions to reopen.

Enhanced Border Security and Visa Entry Reform Act of 2002
By a vote of 275 to 137 with 22 not voting the House passed H Res. 365, the "Enhanced Border Security and Visa Entry Reform Act of 2002," which includes an extension of the filing deadline for 245(i) eligibility.

President Bush Addresses Immigration Issues
At a press conference President Bush reaffirmed his support for an extension of 245(i) and said he was "stunned and not happy" about the INS approvals of petitions for Mohamed Atta and Marwan Alshehdi.

INS Statement on Visa Approval for Terrorist
The INS released a statement on the issuance of student documents to Mohamed Atta and Marwan Alshehdi pointing out that the petitions were approved prior to September 11, and that at the time of the approvals the INS had not knowledge that the applicants were terrorists.

DeKalb Country Over-Bills INS More than $5 Million
An audit by the Office of the Inspector General (OIG) of the Intergovernmental Service Agreement (IGA) between the INS and the DeKalb County, Georgia, Sheriff's Office (DCSO) for housing INS detainees found that DCSO over-billed the INS $5,662,918.

Sensenbrenner on Passage of Immigration Bill by House
In a press release Rep. Sensenbrenner, Chairman of the House Committee on the Judiciary described the "Enhanced Border Security and Visa Entry Reform Act of 2002," as providing "vital changes to our immigration laws to fight terrorism and prevent exploitation by some illegal aliens who wish to harm Americans," as well as extending 245(i).

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Immigration in the Press

Immigration Amnesty Passes House
According to Sen. Byrd has been blocking in the Senate the border security bill which the House added to the 245(i) extension, saying senators should have a chance to debate and amend the bill before voting on it, and may continue to do so with the combined immigration-border security bill.

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For information on advertising in the classifieds please click here.

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.

"WHAT GOES UP, MUST COME DOWN!" A Business Immigration Seminar specifically designed for Corporate Immigration Personnel and Immigration Attorneys. Thursday, April 11, 2002, from 9:30 a.m. - 4:00 p.m. Cadence Design Systems, Inc. - The Pebble Beach Room 2655 Seely Avenue (near River Oak Drive), Bldg. #5, San Jose, CA. For details and registration form 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