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Immigration Daily

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Immigration Daily September 5, 2002
Previous Issues
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Editor's Comments

The deadline for the event of the year is Thursday, September 5th. What we are referring to is the 3-part seminar course "INS, DOS, DOL - The Search for Consistency" which features speakers from INS, DOS and DOL. This unusual and unusually worthwhile telephone seminar is led by distinguished practitioners Ron Klasko and Tammy Fox-Isicoff. 30 minutes of each of the three sessions in this seminar course are devoted to Questions and Answers from the attendees. Mr. Klasko, a former national AILA President, is an especially knowledgeable immigration practitioner who generously shares his knowledge with fellow members of the Bar. Both Ron Klasko and Tammy Fox-Isicoff are justly reputed to be incisive and energizing speakers. Click on the links below for more on this exciting event. Don't delay! The registration deadline is September 5th.

For more info, including detailed curriculum, speaker bios, and registration information online, please click here.
For more info, including detailed curriculum, speaker bios, and registration information by fax, please click here.


INS/DOL/DOS Seminar Deadline Is Thursday, September 5th

The following is the curriculum for "INS, DOS, DOL - The Search for Consistency"

FIRST Phone Session on September 10, 2002:

DOL/INS Issues
This session will deal with DOL and INS positions on cutting edge issues including:

  • Start date of H-1B employment where issuance of social security number delayed
  • 245(i) grandfathering based on withdrawn or denied labor certification applications
  • Effect of concurrent filing on labor certification substitutions
  • Impact of leaves of absence on H-1B aliens and employers
  • Effect of changes in employer structure, job description full-time status, salary and location of employment on LCA, I-129, ETA, I-140 and I-485

SECOND Phone Session on October (Date TBA), 2002:

DOS/INS Issues
This session will deal with DOS and INS positions on cutting edge issues, including:

  • Child Status Protection Act
  • Concurrent adjustment/consular processing issues
  • Consular readjudication/revocation of INS-approved petitions
  • 3 and 10 year bar waivers
  • Travel by H-1B portable aliens
  • Who is subject to the two-year return requirement?
  • Accompanying or following to join

THIRD Phone Session on November 20, 2002:

  • Summary of DOL/INS/DOS positions on cross-agency issues
  • Hot Issues at DOL, INS and DOS
  • Impact of formation of Homeland Security Department on DOL, INS, DOS
  • Post-election legislative forecast for the new Congress
  • 2003 - a look ahead
Speakers for this seminar will include:

Jacqueline Bednarz, Special Assistant to the Executive Associate Commissioner for the Office of Policy and Planning of the Immigration and Naturalization Service in Washington, D.C.

Steve Fischel, the Director of Legislation, Regulations and Advisory Assistance in the visa office of the Department of State.

Harry Sheinfeld, Litigation Counsel in the Employment and Training Legal Services Division, Office of the Solicitor, at the U.S. Department of Labor.

For more info, including registration information online, click here.
For more info, including registration information by fax, click here.

Featured Article

SEVIS: The U.S. Immigration and Naturalization Service's New Tracking System for International Students and Exchange Visitors
Ellen H. Badger, Director of International Student and Scholar Services at the State University of New York at Binghamton writes "the INS is mandating schools to be in compliance with a product that is not yet fully functional. As of mid-August 2002, the entire J-1 SEVIS component has yet to be released, nor has the batch process, which allows schools with relatively large international student populations to send multiple records to the INS, yet been made available for testing."

Attorney listings on ILW.COM are searched 200,000 times/year! Each attorney listed is searched an average of once each day! Just one new client will pay for the entire year's fee! Click here for more info:

Immigration Law News

Senator Says Ashcroft Suggestion Is Like Drilling For Oil On The Moon
During the debate in the Senate on the bill to abolish the INS, Sen. Durbin (D-IL) said "when Attorney General Ashcroft said, to make America safer, we are going to take the fingerprints and photographs of all people coming into the United States on a visa, I am sure people around America were nodding their heads saying, I guess that is necessary; it is certainly reasonable. Well, it is technologically impossible today to do it. We do not have the computer capability to keep track of people leaving the United States with a visa, let alone the millions coming into the United States on visas. So for the Attorney General to make that suggestion is to say that he is going to go drill for oil on the Moon."

Country Of Opportunity Must Look With New Intensity At Illegal Immigration After 9/11
During the Senate debate on the bill to abolish the INS, Sen. Lieberman (D-CT) said "America's positive fundamental heritage of immigration, central to our character as a country of opportunity and responsibility and community, must be honored. But at the same time, after September 11 we have to look with new clarity and intensity at illegal immigration as well as how to better screen those who come to this country legally and may stay beyond the time allowed."

Sen. Thurmond Introduces Private Bill
Sen. Thurmond (R-SC) introduced a private bill to grant permanent residence to two aliens.

Sen. Lieberman's Version Of Bill Abolishing INS
Sen. Lieberman (D-CT) introduced his version of the Bill Abolishing the INS.

EAJA Fees Denied in Zambrano
In Zambrano v. INS, No. 00-16191 (9th Cir. Mar. 7, 2002, amended Sep. 4, 2002), the court amended its Mar. 7, 2002 opinion wherein it held that a court may not reconsider the issue of subject-matter jurisdiction for purposes of awarding fees under the Equal Access to Justice Act (EAJA) when the underlying action had previously been dismissed for lack of subject matter jurisdiction, and that decision had become final; and denied the petition for rehearing en banc.

Failure To Object At Sentencing Not Reviewable
In US v. Rosales-Sandoval, No. 01-2377 (10th Cir. Sep. 3, 2002), the court said that since Defendant's counsel failed to object at sentencing to the sentencing calculation, his sentence for being found in the US unlawfully after having been previously convicted of the possession and sale of a controlled substance would be affirmed.

US, Canada Agreement On Asylum
The US and Canada initialed an agreement regarding asylum claims made at land borders.

Keep on top of the latest in immigration law! Attend ILW.COM seminars! You can attend ILW.COM phone seminars from the convenience of your office! For more info on the seminars currently available, please click here:

September 11 Created A New World For Immigration Liberalization
The Washington Post reports "It's hard to imagine any foreign policy initiative that has fallen further and faster in the post-Sept. 11 era than immigration reform, as envisioned a year ago ... "

How to Get and Keep Corporate Clients? Use ILW's Case Tracking! Each case takes only a few minutes from start to finish! Serious practitioners find this modern technology a "must have." For more info, send e-mail to:, include your phone #.


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Letters to the Editor

Dear Editor:
Further to S.Salke's letter, I again state that the the lottery has outlived its usefulness of helping Irish Nationals to obtain permanent residency when it was introduced by Sen. Kennedy. It wastes 50,000 visas, ties up INS officers who should be processing petitions to reduce the backlog, and saving Consular officers' time, also. On the subject of backlogs, what was taking 30-60 days to process non-immigrant visas, is now taking 90-120 days. This sudden increase is due to "name checks!" After complaining, attorneys are advised to Premium Process for $1000. Sounds like a deliberate slowdown to me, with that naughty word "blackmail" in the background. As soon as approvals are received it's time to start filing extensions !


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. Send Correspondence and articles to Letters and articles may be edited and may be published and otherwise used in any medium. Opinions expressed in letters and articles do not necessarily reflect the opinion of ILW.COM.

Editorial Advisory Board
Marc Ellis, Gary Endelman

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