A Note from the Editors:

On March 10, 2002, the CBS news program 60 Minutes carried a story on the INS titled "INS Vigilance Under Fire." The piece focused on some of the more sensational INS failures of recent years. While a few INS employees were singled out for criticism, the overall tone was that the agency is staffed by good people, as Jose Latour pointed out in a recent article, who sincerely want to do a good job but are prevented from doing so by the endemic problems at the agency. INS Commissioner Ziglar felt the piece merited an explanation that the story focused on "on past OIG findings regarding INS cases is a look back in time rather than a look at what we've learned and where we're going." The story may have left many of our family, friends and neighbors shocked and asking if things at the INS are really that bad. Unfortunately, the answer, sometimes, is yes.

The New York Post reports that New York City law-enforcement officials have begun tracking down illegal immigrants as part of The "alien absconder initiative." The program targets people subject to deportation or removal orders, especially those from countries where al Qaeda is very active. Using the New York City Police Department to enforce immigration laws is a change from the city's previous policy. A mayoral executive order dating to the Koch administration order barred NYPD officers from taking part in immigration arrests - a move designed to make sure illegal aliens would be able to report crimes without having to worry about being deported. Encouraging a local police force to enforce immigration laws is a troubling idea. It is a step towards reasonable suspicion of someone "bein' a feriner" becoming sufficient cause for a stop by the police.

The priority dates for the family, employment and diversity lottery categories have been updated. The California Service Center, Nebraska Service Center and Texas Service Center processing times have also been updated.

Articles

Reflections on the Good Men and Women of INS
Jose Latour writes that "the good men and women of the INS are the good men and women of America, a representative cross-section of our wonderful culture, complete with virtues and vices, freckles and dimples and funny accents, a slice of this big old pie we like to think of as a 'Melting Pot.'"

INS Vigilance Under Fire
According to CBSNews.com a veteran INS inspector told 60 Minutes correspondent Steve Kroft that database disruptions are a routine occurrence, and supervisors give the orders to continue processing aliens.

Six Months after September 11, Hijackers Visas Approval Letters Received
CNN reports that six months to the day after Mohamed Atta and Marwan Al-Shehhi flew planes into the World Trade Center, the INS notified a Florida flight school that the two men had been approved for student visas.

The ABCs of Immigration - J Waivers
Greg Siskind and Amy Ballentine review options for waiver of the J-1 two-year home residency requirement that remain available after the termination of the Department of Agriculture’s J-1 visa waiver program.

House Passes Flawed 245(i) Extension
Cyrus D. Mehta writes about the extension of 245(i) recently passed by the House as part of H. Res. 365 the "Enhanced Border Security and Visa Entry Reform Act of 2002."

Cops Step up Effort to Deport Illegals
The New York Post reports that New York City law-enforcement officials have begun tracking down illegal immigrants as part of a new nationwide program to deport them quickly.

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Letters to Editor

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

Dear Editor:

Section 245(i) is a smokescreen for document fraud. A tremendous number of the clients that I deal with, especially those not from Canada or Mexico, who claim to have entered without inspection are lying. The truth is that they entered with a fake passport and a fake visa. Section 245(i) encourages fraud because any misrepresentations at the time of entry are easily concealed at the adjustment interview under the umbrella of "entry without inspection." Lets keep the debate honest, except for Canada and Mexico, the term "entry without inspection" is just a euphemism for document fraud. Do we really believe that people who used a fake passport to come to this country are suddenly going to become honest people because their are now on American soil? Of course not. In fact, experience has shown that people who claim to have entered without inspection are much more likely to engage in other types of immigration fraud, including marriage fraud and fraud in employment based cases. I can say from my own observation, the quality of immigrant who adjusts their status under 245(i) is lower than the quality of person who comes to this country through consular processing.

Connor Robertson
Martinez, CA

Dear Editor:

Mr. Connor Robertson makes the broad claim that "the quality of immigrant who adjusts [sic] their status under 245(i) is lower than the quality of person who comes to this country through consular processing." Having dealt with many 245(i) applicants myself, I take great exception to this comment.

Regardless of where one stands on the issue of 245(i), I feel that it is a gross exaggeration to say that one who adjusts status pursuant to this section of the law is in any degree less worthy of permanent residence than someone who has processed through a consulate. The security checks are the same, whether an individual processes through a foreign post or adjusts in the United States. I would say that, based upon my own experience, the majority of applicants under 245(i) are visa overstays, i.e. individuals who were lawfully admitted but did not leave when their visas expired. While I am not condoning their actions, I do not think that this should act as an automatic bar to adjustment. We must remember that 245(i) only permits an individual who is not lawfully present in the United States to adjust their status; it does not grant any substantive rights to individuals who do not already qualify for permanent residence, nor does it waive any criminal or fraud-related bars to adjustment.

I do agree with the writer on one point, however. It is all too easy for applicants who have committed fraud at entry (i.e. by having used falsified documents) to claim that they are 'entrants without inspection' thereby avoiding the bars to admission and obviating the need for a waiver under Section 212(i). For that reason, I believe that 245(i) should only be made applicable to overstays, and not individuals who obtained entry without inspection. We would then, in effect, have a system which closely parallels adjustment as the beneficiary of an approved immediate relative petition. While the beneficiaries of 245(i) would be decreased under this limitation, we would at least be assured that the individuals who apply for adjustment under 245(i) will not have engaged in any threshold misrepresentation, since the INS will be able to examine the circumstances surrounding their admission. There are those who would argue that this would discriminate against nationals of countries that are not a part of the Visa Waiver system, or who would have greater difficulty in obtaining non-immigrant visas in their native countries, but we must remember that residence in the United States is a privilege, not a right, and distinctions in treatment, as long as they are reasonably drawn and rationally related to an important goal (i.e. national security and integrity) are permissible.

Finally, I believe that 245(i) should become a permanent part of the Immigration and Nationality Act.

Sincerely,
Christine M. Flowers

Immigrant Life

What is a Social Security Card?

A Social Security number and card is used by the government to keep track of earnings and witholdings. The Social Security witholdings are disbursed to people...........(cont'd).

This week's chat schedule

When Attorney Monday, March 18 9:00 pm Eastern Time Mitch Berenson, Esq. Wednesday, March 20 9:00 pm Eastern Time Randall Caudle, Esq.

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