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Immigration Daily

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Immigration Daily
Arthur L. Zabenko, Esq., Legal Editor
March 19, 2002
Previous Issues

Editor's Comments

Sec. 607 of H. Res. 365 is titled "Extension of Deadline for Classification Petition and Labor Certification Filings," but some find the labeling of the provision as an extension of the deadline to be confusing. The resolution provides that "before the earlier of November 30, 2002, and the date that is 120 days after the date on which the Attorney General first promulgates final or interim final regulations to carry out the amendments" an alien can file with the INS and be grandfathered under 245(i). But only those aliens who can show that an approvable application for labor certification was filed before August 15, 2001, or who entered into the familial relationship that is the basis for applying before August 15, 2001, are eligible. This means there will be no rush of filings of labor certifications and last minute marriages to there way there was to meet the previous deadline of April 30, 2001. The only people for whom November 30 deadline has relevance are those who married before August 15, 2001. The real rush will be among the unscrupulous who exploit Congress' further complication of the immigration laws and prey upon illegal immigrants by talk of an amnesty. So far this provision has only been passed by the House and needs to be passed by the Senate and signed by the President before it goes into effect. There is still time to get it right.

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Deadline is March 19th!

Tuesday, March 19th is the last day to sign up for the upcoming seminar "Labor Certification with Joel Stewart." Labor Certification is one of the most complex parts of immigration practice. Much of the labor cert process is frustrating and defies common sense. Learning even a few helpful tips in this area can help bring hope and peace of mind to you, your staff and your clients. This seminar series is designed to help attorneys navigate the labor cert rapids. Please click on the links below for the course outline and biographies of the distinguished speakers. The deadline to sign up for this information-packed seminar is March 19th! Click on the links below NOW to find out more:

For more info, or to sign up online, click here.
For more info, or to sign up by fax, click here.

ILW.COM Featured Article of the Day

Amnesty International Alleges Violations of International Law in U.S. Detention of Immigrants after 9/11
Carl R. Baldwin writes that Amnesty International alleges serious violations of international law in the conditions to which immigrant detainees have been subjected in the wake of the 9/11 terrorist attacks.

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Immigration News

Statue of Limitation for Illegal Reentry Commences when Alien Found by INS
In Los Santos v. US, Nos. 01-1058, 01-1068 (2nd Cir. Mar. 5, 2002), the court reaffirmed its holding that statute of limitations for the offense of illegal reentry after deportation does not begin to run until the alien is found by the INS.

INS Agent May Testify about Ports of Entry
The court in US v. Casseus, No. 00-2803 (3rd Cir. Mar. 15, 2002), determined that the District Court did not err by admitting the testimony of an INS agent that the beach where Defendant landed a boat carrying illegal aliens was not a designated port of entry. The court has amended its March 5, 2002, opinion.

Failure to Rebut Changed Country Conditions
In Francois v. INS, No. 01-1233 (8th Cir. Mar. 18, 2002), the court found that Petitioner had failed to overcome a showing of changed country conditions such that her fear of persecution was not objectively reasonable where she testified that the current government did not persecute people of her religion or political beliefs and the evidence she provided predated the country's change in government. The court has made available the Appellant' brief, Appellee's brief, the reply brief and the response.

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Immigration in the Press

Proposed Amnesty Program Could Disappoint Immigrants
The San Jose Mercury News reports that House extension of 245(i) would give President Bush a platform to tout his pro-immigration credentials when he meets with Mexican President Vicente Fox next week, but in an effort to avoid the rush to the altar that swept the country when the same program was in effect last year, the bill requires immigrants to prove they were married or sponsored by a US employer before August 15, 2001, in order to qualify.

Letters to the Editor

Dear Editor:

While Ms. Flower's criticizes the characterization of all 245i applicants as being "lower quality", she goes to the other extreme and implies that these applicants are innocent victims of immigration bureaucracy, that they overstay visas because they simply don't understand our immigration system. That is also an oversimplification.

Does she really believe that approximately 6 million people (my own guess, based on reports of the number of illegal aliens in the US) came here on tourist visas or student visas or some other nonimmigrant visa and then just decided, once they were here, to abandon their lives in their homeland and remain here? Think again. Think of all the "tourists" we were getting until recently from Argentina, who were escaping the economic crisis in their homeland by immigrating here under false pretenses. (I do realize that until recently, Argentina was part of the visa waiver program, and that technically Argentineans didn't apply for tourist visas in their homeland. However, overstays by Argentinean nationals violated the spirit of the program - visa waivers were given to countries because their citizens were presumed to have no reason, economic or otherwise, to remain here illegally.) The "students" who don't show up on college campuses, but use the visa to gain access to the US to work illegally or who have every intention of remaining here, legally or illegally, after graduation, despite the fact that showing an intention to return home is a condition of getting the student visa. In other words, many of these nonimmigrant visa holders, and others like them, lie to immigration authorities about their intentions. They commit fraud in getting the visa, and then remain here, violating our immigration laws. Certainly, some are "innocent" victims of our bureaucracy, but many others came here with absolutely no intention of returning home. Why should they be rewarded for committing fraud?

Ali Alexander

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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