A Note from the Editors:

The President has signed two immigration bills into law. H.R. 2277 provides for work authorization for nonimmigrant spouses of treaty traders (E-1s) and treaty investors (E-2s). H.R. 2278 provides for work authorization for nonimmigrant spouses of intracompany transferees (L-1s), and reduces to six months the period of time during which intracompany transferees under a blanker L petition have to be continuously employed before applying for admission to the US. INS will now need to publish regulations implementing the legislation.

The priority dates for the family, employment and diversity lottery categories have been updated.

The Nebraska and Texas Service Center processing times have also been updated.

Articles

Importance of Maintaining Status after September 11 (Part II)
Angelo A. Paparelli provides more guidance about the importance of maintaining status since the September 11 attacks.

No-bail Detention Law Ruled Unconstitutional: Legal Noncitizens Held in Deportation Cases
SF Gate reports on the recent decision in Kim v. Ziglar, No. 99-17373 (9th Cir. Jan, 9, 2001), which declared unconstitutional a law that allowed the government to lock up without bail legal immigrants awaiting deportation hearings.

Evidence of Source of Capital in Immigrant Investor Cases (Part II)
In the second in this series Lincoln Stone and Stephen Yale-Loehr provide information on challenges based on the rules of evidence to the source of capital for immigrant investor visas.

Under the Counter, Grocer Provided Immigrant Workers
The New York Times [registration required] reports on Amador Anchondo-Rascon who pleaded guilty in federal court to acting as a middleman in what prosecutors call a seven-year conspiracy to supply Tyson with more than 2,000 illegal workers and to provide the new arrivals with counterfeit work documents.

Attack on America - Immigration Update
Greg Siskind and Amy Ballentine offer an update on the impact the September 11 attacks have had in the area of immigration.

American Dream - Indians Can Fulfill Through Intra-Company Transferee L-1 Visa
Mumbai attorney Sudhir Shah writes about the L-1 visa from an Indian perspective.

Department of Justice Focus on Arab "Absconders" Raises Question of its Consistency with Civil Rights Division Guidelines
Carl R. Baldwin writes about the decision of the Department of Justice of focus on young Arab men before all others in apprehending aliens who are subject to a deportation or removal order but are still in the US.

ILW Highlights

Outline of Seminar by Ron Klasko "Adjusting Your Thinking: Who Can, Who Can't and Who Shouldn't Adjust Status"

FIRST Phone Session on January 25th:

I. Eligibility for adjustment of status (includes: inspected and admitted or paroled - including "arriving aliens" rule, quota issues including crossing-chargeability, priority date issues, including upgrading and downgrading and retention, admissibility issues, discretion issues, jurisdiction issues, adjustment "portability", maintenance of status issues, "unauthorized employment" issues, immediate relatives, 245(c)(7) and 245(c)(8))

SECOND Phone Session on February 25th:

II. Adjustment of status for status violators (includes 245(k), 245(i) - grandfathering issues, including spouses and children)
III. Travel by adjustment applicants (includes travel with H or L visa, travel with advance parole by H/L aliens, H-4s and L-2s, consequences of parole)
IV. Adjustment vs. consul processing (includes advantages and disadvantages -- factors for choosing, concurrent processing, impact of 3/10 year bar issues)

THIRD Phone Session on March 25th:

V. Adjustment of specific classes of aliens (includes asylees, fiancés/fiancées, conditional residents, visa waiver entrants, exchange visitors, healthcare workers, Cubans/Haitians, S nonimmigrants)
VI. Adjustment denials/Judicial review (includes motion to reopen, renewal in proceedings, rescission)
VII. Issues specific to consular processing (includes documentary issues, admissibility issues, waiver processing, reviewability, representation before and after interview)

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

Letters to Editor

To write to Editors, send emails to weeklyeditor@ilw.com.

Dear Editor:

I am a US citizen married to a Mexican national. My husband had been in the US for almost 20 years when he was detained for 9 months and then deported (12/00) for a third offense DWI. I look forward to reading the Daily hoping to find laws or procedures that have changed in our favor. I have to admit that I was a little outraged to read the article [in the Atlanta Journal-Constitution] by Julia Malone about the EOIR blocking a deportation because a family would suffer a hardship. I don't think the INS or the EOIR have any idea what hardship is. There are thousands of families that are suffering from the ludicrous immigration policies and laws of this country. Our family is suffering, but the EOIR didn't give us a second glance. In March of 2001 the Circuit court in our circuit ruled that a DWI is not a crime of violence, which is the charge that was listed on my husband's NTA. We filed an appeal based on the ruling and were basically told by the EOIR that my husband has been out of the country over 90 days, so they didn't want to go to the trouble of reopening his file. Meanwhile, our 6 and 4 year old children are having to take anti-depressants in order to get through each day. I struggle to keep a roof over our heads. Is this not a hardship? The federal court stepped in and pulled the reins back on immigration and now nobody is detained or deported for this offense. So why is it OK for them to continue to destroy my family? I don't believe for one minute that there is any portion of the INS or the EOIR that is sympathetic to the well-being of the thousands of citizens that are suffering as a result of their policies and decisions. If someone was convicted of 1st degree murder and was later proven not guilty, would it be OK to just let that innocent person continue to serve the life sentence because he was already in jail? Sounds pretty ridiculous, doesn't it? That is what my family is dealing with. I am sorry for the extent of my letter, but it infuriates me to read material that implies the INS or EOIR has a heart. As horrible as it is, I search and search for a way to get my family back together.

Thanks for the ear,
A Faithful Reader

Dear Editor:

I found out for everybody (including INS) the distinguishing mark between terrorists and illegal immigrants:

Terrorists are mostly legally here as tourists. They have enough money and do not need to work in the US.

Illegal immigrants are working very hard for the salary near to minimum wage with no overtime money, sometimes getting no money for their work, and cannot complain. They have to care about family, job and how to pay bills all the time. They have to care for US citizen kids, but he has no right to work here.

Thanks
IRO

Dear Editor:

The horrific event of September 11 not only changed forever the lives of the families and loved ones of the victims of this terrible tragedy; it deeply affected others too. This terrorist act dashed the hopes of over three million Mexicans who were expecting a legal resolution of their status in this country. They and their families too have been deeply affected. Many of them have been working in this country, paying their taxes and leading good lives for up to ten years or more....

[To read the whole letter, click here].

Richard E. Baer

Immigrant Life

New to America:

What is Health Insurance?
Health insurance means just what it says: it's a way to insure yourself against health catastrophes such as illness and injury. In return for payment of a monthly fee, called a premium, the insurance company agrees to pay the price of a set amount of medical expenses, minus any deductible you may choose. This amount depends on the type of health plan you purchase. In the USA, health insurance falls into three categories: Health Maintenance Organizations, Preferred Provider Organizations and traditional "fee-for-service," or "indemnity" plans. Read more......

This week's chat schedule

When Attorney Monday, January 21 9:00 pm Eastern Time No chat Wednesday, January 23 9:00 pm Eastern Time Alice Yardum-Hunter

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