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Immigration Daily August 7, 2002
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Editor's Comments

The most read articles for the month of July, 2002 were:

The most read items for the month of July, 2002 were:


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Featured Article

Immigration Alert! Failure to Inform INS Promptly of Change of Address May Land You in Removal Proceedings (Updated)
Carl R. Baldwin presents an updated version of his article on the Change of Address crusade at the Department of Justice.

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Immigration Law News

H-1B Worker's Back Pay Claim Dismissed Since She Did Not Attend Trial
In the Matter of Nalinabai P. Chelladurai v. Core Consultants Inc., No. 2002-LCA-0010 (OALJ, Jul. 23, 2002), the Office of Administrative Law Judges dismissed the complaint by a H-1B worker who had claimed greater back pay than that awarded by the Administrator since she failed to attend the trial, and gave no good reason for her absence.

INS Must Adjudicate DV Winners' Applications But No Relief If INS Fails To Do So
In Iddir v. INS, Nos. 01-3799 and 01-3802 (7th Cir. Aug. 6, 2002), the court decided the Petitions of writs of mandamus to adjudicate the status of Petitioners who were winners of the Diversity Visa lottery, when the INS had not timely acted to adjudicate the applications within the statutory time period for the lottery, and determined that no statutory bar to jurisdiction existed, that the Petitioners' failure to exhaust administrative remedies was excused due to the futility of further administrative appeal, that the Petitioners had the right to have their applications adjudicated but that the relief sought was illusory because even if the INS adjudicated the applications today, visas could not be issued since the statute unequivocally states that the applicants only remain eligible "through the end of the specific fiscal year for which they were selected."

President Signs Two Immigration Bills Into Law
The President signed into law H.R. 1209, the "Child Status Protection Act", allows aliens who have filed applications or petitions as children under the Immigration and Nationality Act to remain eligible as children after turning 21 years of age under a number of circumstances; and S.J.Res. 13, which confers honorary citizenship of the United States posthumously on Marie Joseph Paul Yves Roche Gilbert du Motier, the Marquis de Lafayette.

List Of Countries Whose Passports Are Valid For Six Months After Expiry
The Department of State added two countries to its list of countries whose passports would be in effect valid for six months after expiry (entire list reproduced herein).

INS Requests Comments
INS sought comments on Application for waiver of grounds of excludability, Form I-690.

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IJ Rules Against Deportation In Change Of Address Case
The Atlanta Journal-Constitution reports "The federal government cannot deport a legal immigrant from the West Bank for failing to report a change of address, an immigration judge in Atlanta ruled Monday."

Cops Merely Watch Self Proclaimed INS Agent
The Rocky Mountain News reports that four police officers in Colarado merely stood watching while an undocumented immigrant impersonated an INS agent to search an apartment.

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Letters to the Editor

Dear Editor:
The experiences of N.A. Hyman (Letters to the Editor 8/6/2002) with the INS Premium Processing Program are similar to the experiences of our law office in utilizing this program, and serve to confirm the initial misgivings of many immigration practitioners when Congress first authorized the concept of Premium Processing. Many had reservations that petitions filed using the regular case processing system (without payment of the Premium Processing fee) would fall into the black hole of immigration adjudications with ever increasing backlogs. There were fears that the new program was a fee increase in disguise, and that the Premium Processing surcharge would become the new de-facto filing fee if the petitioner expected an adjudication within a reasonable time. Some commentators even predicted that as more petitioners began to utilize the program, less experienced adjudicators would be assigned to the Premium Processing Units at the Service Centers, and an increased volume of questionable RFE's would become the norm. I appreciate that the payment of the $1,000.00 Premium Processing surcharge is not a payment for a guaranteed approval; but a payment for a prompt adjudication. Payment of that surcharge ought to guarantee that the petition will be reviewed and adjudicated by the most qualified INS personnel, and that RFE's will not be issued without good cause. I suppose that we can expect to get that level of service upon the roll-out of the next program, "Super Duper Premium Processing", a bargain at twice the price.

Robert Gard
Chicago, IL

Dear Editor:
This is in reference to the Associated Press article published in the Seattle Post-Intelligencer on Saturday August 3, 2002 authored by Christopher North. This was concerning the fact that more than 2 million documents (if they are admitting that amount it's scary to consider what the actual total really is) filed by foreigners from change of address forms upto citizenship approvals. Thru information I've received from a source in excess of 85% of these documents were sent via certified mail to the INS directly by individual mailers and appearently not from attorneys certified mail. It would appear that the recipients were more concererned with direct correspondence from lawyers then that from individuals. Please follow up on this information as this is extremely important to those of us who have sent certified mail and have never received any replies from the INS. Thank you.

Irwin Koval

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Editorial Advisory Board
Marc Ellis, Gary Endelman

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