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Immigration Daily

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Immigration Daily April 15, 2002
Previous Issues

Editor's Comments

After news releases, facts sheets and clarifications, the INS has finally published in the Federal Register its Interim Regulations for Change of Status from Visitor to Student and Proposed Limitation on the Period of Admission for B Nonimmigrants. Also in the Federal Register are comment requests on six different INS or EOIR forms. Comment requests are an opportunity for all of us to participate in the way the agencies operate. To be considered comments should be addressed properly, should identify who the comments is and the basis for commenting, identify clearly what is being commented upon and be a true comment, not simply a complaint. If you have a comment on one of the forms, or on the proposed limitation on the period of admission for visitor, take your quill, or mouse, in hand and participate in the rule making process.

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Robert Aronson will Speak at ILW.COM Healthcare Seminar

We are happy to announce that Robert D. Aronson will speak at ILW.COM's Healthcare Seminar. We expect to announce more speakers early next week.

The seminar outline is as follows:

1. How to Immigrate as a Physician including Credentialling and licensing: What does it take to be a US doctor? (ECFMG, residuary, USMLE); Entering to get credentialed: F Visa - study centers, J Visa - how to get it (no more researcher to doctor switch), H Visa - What's really required to be an H-1B resident, O Visa Can it work for a "training" position?; Permanent Residence Options (or, I've got my license, now what?): Labor Cert, NIW for Underserved area, EB-1 or NIW for high-level clinicians.

2. 212(e) Waivers for Doctors including: What's a HPSA, anyway, and how do I find out if my job is in one?; Which federal government agencies sponsor waiters?; I'm a specialist, where can I go?; State 20 programs; Waiver procedures - nuts and bolts; Interaction of J waiver and NIW for underserved areas.

3. Allied Health Care Workers including: Nurses - the "straight to green card" option; Nurses for shortage areas (or, does H-1C really work?); Dentists, chiropractors and others called "Doctor"; PTs, OTs, and other therapists; Medical technologists; Credentialling and licensing issues; Specialty occupation issues for allied health professionals; What's this "Visa Screen" anyway?; Permanent Residence issues and options

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

Travel by Adjustment of Status Applicants
H. Ronald Klasko examines the reasons those with pending adjustment applications should choose to travel with advance parole or on a visa.

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Immigration News

Illinois Burglary of a Car an Aggravated Felony
In US v Alvarez-Martinez, No. 01-1383 (7th Cir. Apr. 12, 2002), the court determined a conviction for burglary under Illinois law where Petitioner prying open the window of a locked car was a crime of violence and and aggravated felony for purposes of immigration law.

No Reasonable Suspicion for Stop by Border Patrol
In US v. Sigmond-Ballesteros, No. 00-50408 (9th Cir. Apr. 12, 2002), the court found that taking all factors into consideration, including the Defendant's appropriate responses to the Border Patrol's provocative driving and shining a light in his car, there was insufficient evidence for a stop of Defendant's vehicle. The court has withdrawn its April 20, 2001, opinion.

Proposed Limitation on the Period of Admission for B Nonimmigrants
The INS has published its proposed rule to amend its regulations by eliminating the minimum admission period of B-2 visitors for pleasure, reducing the maximum admission period of B-1 and B-2 visitors from 1 year to 6 months, and establishing greater control over a B visitor's ability to extend status or to change status to that of a nonimmigrant student.

New Regulations for Change of Status from Visitor to Student
The INS has published and interim rule amending the regulations by eliminating the current provision allowing a B-1 or B-2 nonimmigrant visitor for business or pleasure to begin attending school without first obtaining approval of a change of nonimmigrant status request.

Spanish Version of B Visa Changes
The INS provides a Spanish version of its new release regarding proposed changes for the admission of B visitors and a Spanish version of the Fact Sheet.

Senate Hearing on "The Enhanced Border Security and Visa Entry Reform Act"
The Senate Subcommittee on Immigration held a hearing on "The Enhanced Border Security and Visa Entry Reform Act," with a statement from Sen. Leahy.

Comment Requests on Forms
The INS and Executive Office for Immigration Review seek comments on the following forms: Alien's Change of Address Form: 33/BIA Board of Immigration Appeals and 33/IC Immigration Court, application for cancellation of removal: 42A) for certain permanent residents, and 42B) adjustment of status for certain nonpermanent residents, EOIR 26A Fee Waiver Request, I-94 Arrival/Departure Record, I-190 application for nonresident alien's Mexican border crossing card, and I-854 Interagency alien witness and informant record.

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Immigration in the Press

Senate Debates Border Security Bill
The Washington Post reports that the Senate has taken up President Bush's request for new laws to tighten the nation's borders against terrorists, despite the objections of an influential senator.


Chat with Monique Kornfeld
Attorney Monique Kornfeld will answer questions on all aspects of immigration law on Monday, April 15, 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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For a listing of current immigration events please click here..

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

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