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Immigration Daily

The leading
immigration law
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Immigration LLC.

Immigration Daily April 22, 2002
Previous Issues

Editor's Comments

Letter from the Publisher

Dear Readers,

Today, Immigration Daily wishes good bye to our Editor - Arthur Zabenko, who has worked hard to make the Daily into the premier source of immigration law news. We at ILW.COM are a small, close-knit team, and we will all miss Arthur, who continues to be a friend. We are confident he will prosper in private practice. His farewell letter appears below.

For the time being, I will serve as Editor pro tempore. Readers can continue to expect all the coverage of immigration law news as before. Immigration Daily will also continue its tradition of innovation in legal journalism. With the support of our loyal readers, we expect to go on to new heights.

Yours truly,
Sam Udani, Editor pro tempore and Publisher

Letter from Arthur Zabenko

Dear Readers,

After almost two years I am stepping down from the position of editor of Immigration Daily. Some of you may already have noticed small changes over the past month and a half as I have been turning duties and responsibilities over to my successors.

I will miss the challenges and rewards of being the founding editor of the first daily publication in the field of immigration law. I thank all the readers, for it is you who have made the Daily a success. I especially thank those who have taken the time to write with questions, comments and criticisms. Feedback from the readers is crucial to let us know if we are meeting the needs of our readers.

My reasons for leaving are purely financial. My personal finances require that I return to private practice and attempt to eke out a living there. I do so with complete confidence that my successors will maintain or exceed the standards of speed and thoroughness that we have established for the Daily. Having been an integral member of the core team at ILW.COM I leave with friendships that will last a lifetime. Knowing the talents and determination of the ILW.COM team, I also leave with confidence in the company's ultimate success.

I now join the ranks of loyal readers who depend on Immigration Daily for all their immigration news. I am resuming practice with the firm of Lubiner & Schmidt where I can be reached at

Yours truly,
Arthur L. Zabenko, Esq.

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Deadline Is Sunday Midnight !

Jan Pederson and Greg Siskind have joined William Stock and Robert Aronson for ILW.COM's seminar: Healthy or Ailing? Immigration for Doctors and Healthcare Workers. The deadline to sign up is midnight on Sunday, April 21st! The seminar outline is as follows:

1. How to Immigrate as a Physician including Credentialing 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; Credentialing 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.
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ILW.COM Featured Article of the Day

180 Days In Immigration Law
Sherry L. Neal points out that Congress appears to prefer the 180 day point in crafting immigration law.

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Immigration News

Senate Passes Border Security Act
After a lengthy debate, the Senate passed H.R. 3525, the Enhanced Border Security and Visa Reform Act of 2001, with several amendments offered by Sen. Byrd (D-WV). The measure now goes back to the House which is expected to approve it and send it to the President for signing into law.

Bills Introduced In Congress
Sen McConnell (R-KY) introduced S. 2194, the Arafat Accountability Act, which would deny a visa to Arafat and other senior PLO and Palestinian Authority officials to travel to the US. Rep. Engel (D-NY) introduced H.R. 4503, a bill affecting Carribean-born immigrants. Next week, the House is expected to take up H.R. 3231, a bill to abolish the INS and replace it with separate agencies.

Interim Rule On INS Detainees' Personal Information
INS announced an interim rule, which is yet to be published in the Federal Register, but "which took effect April 17, 2002" concerning personal information regarding INS detainees which is to be handled in a uniform manner.

INS Cannot "Find" Alien In State Custody
In US v. Mercedes, No. 01-1170 (2nd Cir. Apr. 11, 2002), the court held that the INS could not have could not have "found" the Defendant in the US when he was taken into the custody of the New York State Department of Corrections, and since the Defendant was specifically told that the District Court would be required to take any criminal history of his into account at sentencing, he could receive an aggravated felony sentence enhancement even when the aggravated felony offence had not been named in the indictment.

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Immigration in the Press

Sen. Kennedy says: "Immigration is not the problem, terrorism is."
The San Diego Union Tribune reported on the Senate's passage of the Border Security Bill. The article quotes Sen. Kennedy (D-MA): "We recognize that immigration is not the problem, terrorism is. We must identify and isolate potential terrorists, not isolate the United States. Fortress America is not a solution that we would consider."


Chat with Alice Yardum-Hunter
Attorney Alice Yardum-Hunter will answer questions on all aspects of immigration law on Monday, April 22, 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:

I'd like to thank Mr. Yates for his clarifications in his letter of 4/18/02. But, as part of his clarification he wrote (in part) that:..."we have a system that forces people to come illegally..", and "...people wishing to immigrate to the United States are forced to come illegally". Perhaps, once again, I'm not getting Mr. Yates' "drift", but I don't think anyone is forced to come here - legally or illegally. Mr. Yates may believe that anyone who wishes to immigrate to this country has a "right" to do so. Many other people believe that admission to the U.S. is a "privilege", and that the immigration laws exist to determine who will be granted that privilege.

He writes (paraphrasing) that the immigration "debate" is plagued with "falsehoods, half-truths, and idealized situations" and that "reality" dictates that a "reasonable, equitable, and workable system be developed." I agree with Mr. Yates that both sides of the "debate" tend to stretch the truth to support their positions. I also agree that we need to decide, as a nation, what we want to do about immigration and to develop a workable system. I suspect that what Mr. Yates considers "reasonable" and "equitable" may be quite different from the wishes of a majority of the American people, who favor reducing immigration.

John H. Frecker
Baileyville, ME

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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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