A Note from the Editors:

The INS recently published an interim rule which permits, in many instances, for I-140 petitions to be filed together with I-485 applications. For those with pending I-140s, they will be able to file for Employment Authorization Documents and Advance Parole. Visa numbers must be available to take advantage of this rule. The Employment-Based categories are all current at this time, so this requirement should not be an issue. To read the entire rule, click here.

This rule is welcomed by the immigration community. In addition to speeding up the process of obtaining a green card, it makes it possible for immigrants to work with an Employer of his choice and travel outside of the US sooner.

Articles

H-1B Series: General Requirements of Program
George N. Lester IV continues his series on H-1B visas with an overview of the general requirments of the program.

An Entry Card for Immigrants
Illegal Mexican residents are able to gain access to services such as banking with ID cards issued by the Mexican government in the US.

Virginia Immigration Attorney Charged In Major Visa Scam
Jose Latour writes about the recent arrest of an immigration attorney for fraud.

Ethics For Immigration Lawyers - A Personal Perspective
Cyrus D. Mehta writes about Ethical issues in immigration practice.

INS Changes Rules in Employment Based I-485s
Arthur Zabenko writes about today's INS rule announcing that I-140s and I-485s can be filed concurrently in certain circumstances.

INS Rule Allows Concurrent Form I-140 And Form I-485 Filings, But Leaves Several Issues Unresolved
Cyrus D. Mehta examines unclear areas in INS's new rule on concurrent filings including portability and applicability in removal and deportation proceedings.

Computerworld Article On H-1Bs
Paul Donnelly writes that H-1B is a government subsidy for business.

How Do I Apply for Asylum?
Read comprehensive answer from INS on who is eligle to apply for asylum and how to go about applying for it.

ILW Highlights

Paparelli on Cutting-Edge Issues in Business Immigration Practice
ILW.COM is pleased to announce a new seminar course "Paparelli on Cutting-Edge Issues in Business Immigration Practice." The first session of this 3-session course led by Angelo Paparelli will explore "the gems and the thorns" in the July 31, 2002 INS Regulation Allowing Concurrent Employment-Based I-140/Adjustment of Status Filings. Topics covered will include:

• How do you help your clients transition from nonimmigrant worker status to an open-market EAD without a gap in work permission?
• Does the new regulation strengthen or undermine AC-21's provisions on AOS portability and H-1B portability?
• How do you reduce the effect of layoffs and still preserve AOS eligibility under the new concurrent filing system?
• How does the new regulation impact the requirement that the alien intend to work for the sponsoring employer?
• Can your practice thrive despite new conflict-of-interest and malpractice exposures?
• How do you adjust your marketing and client-service strategies to gain maximum benefits under the new concurrent filing system?
• What Case Profiles and Job Categories Should You Accept or Decline for Concurrent Filing?

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

Letters to Editors

To write to Editor, send email to weeklyeditor@ilw.com.

Dear Editor:

With reference to the letter of Mr. Gopal Khadgi in the Immigrants' Weekly, it seems that he has forgotten to include in his letter the concerned section of the bill, which he described in his letter. So, may I take this liberty to describe below the Section 3 of the "Child Status Protection Bill" , which was passed by the House of Representatives also recently ? It seems that this bill is very important and should be regarded to be just and fair with respect to the children of the LPRs, in whose behalf petition was filed for immigrant visa when they were 21 years of age. I am certain that this bill will include the children of the LPRs also, whose preference category has been changed from F2A to F2B due to aging out by their turning 21.

"SEC. 3. TREATMENT OF CERTAIN UNMARRIED SONS AND DAUGHTERS SEEKING STATUS AS FAMILY-SPONSORED, EMPLOYMENT-BASED, AND DIVERSITY IMMIGRANTS.

Section 203 of the Immigration and Nationality Act (8 U.S.C. 1153) is amended by adding at the end the following:
``(h) Rules for Determining Whether Certain Aliens Are Children.--
``(1) In general.--For purposes of subsections (a)(2)(A) and (d), a determination of whether an alien satisfies the age requirement in the matter preceding subparagraph (A) of section 101(b)(1) shall be made using--
"(A) the age of the alien on the date on which an immigrant visa number becomes available for such alien (or, in the case of subsection (d), the date on which an immigrant visa number became available for the alien's parent), but only if the alien has sought to acquire the status of an alien lawfully admitted for permanent residence within one year of such availability; reduced by
"(B) the number of days in the period during which the applicable petition described in paragraph (2) was pending.
``(2) Petitions described.--The petition described in this paragraph is--
``(A) with respect to a relationship described in subsection (a)(2)(A), a petition filed under section 204 for classification of an alien child under subsection (a)(2)(A); or
``(B) with respect to an alien child who is a derivative beneficiary under subsection (d), a petition filed under section 204 for classification of the alien's parent under subsection (a), (b), or (c).
``(3) Retention of priority date.--If the age of an alien is determined under paragraph (1) to be 21 years of age or older for the purposes of subsections (a)(4) and (d), the alien's petition shall automatically be converted to the appropriate category and the alien shall retain the original priority date issued upon receipt of the original petition.''.

Thanking you,
S.S.

Dear Editor:

I found out about your website from a friend and I just want to let you know how much I appreciate your efforts to keep people informed about immigration issues. Yesterday I read that Rep. Gephardt is planning to pass a bill that would allow undocumented immigrants who lived in USA for five years and worked here two years. I applaud his efforts, but what happens with those who haven't been here 5 years yet? I got into a very unpleasant situation with the immigration department myself.

Four years ago I came to USA with the dream of going to school to obtain a Master's degree in Counseling. I came as a visitor and I applied first for an extension of my visa at that time in order to be able to make the arrangements necessary with the school. Time passed by, three months, and then six. I never heard from the immigration department. I went to a couple of lawyers who tried to find out my status, but to no avail. Finally, I got exasperated last year and appealed to one of the Arizona State senators to help me find what is going on. The immigration personnel in senator's office found out the following: my visa request from August 1998 until July 31, 1999 was approved in January 7, 2000. I never received any information about my status in due time, and as a result I was left out of status. My question is: what can I do to obtain a legal status again without leaving USA? Because if i do, I will never see this country again. And I did not come here as a criminal, I came to study and to create a better future that I was not able to have in my home country. Whose fault is that I got into this mess? Mine? I don't think so!

And the bill that would be passed would allow only those who lived here for 5 years to obtain legal status? That is not fair! I've been here four years and only God knows how I made it so far. I am an intelligent person. I can do whatever I put my mind to. I have a college degree, and cleaning houses does not thrill me at all! But what else can I do if my status is what it is? All I want is a fair chance to be able to get back in a legal status and to do what I always dreamed of doing. I love this country, I did not come here to hurt anybody or do anything wrong, I know the language better that more people who've lived here a long time. Is there anything that can be done? There must be a way to get me out of this mess! I am determined to find out and see this solved. I just need some advice and help from someone who is able to do something. Thank you for taking time to read my letter. If there is someone who would be willing to help me, I would be forever grateful!

Sincerely yours,
Simona Munteanu

Dear Editor:

Here's my immigration sob story. The good news is that I'm now an official, lawful permanent resident. My wife, an immigration attorney, (and beautiful woman), meticulously completed all the forms and interviews with me, joking that I could fire her if she fell short, and that not all alien spouses are females! Back home, (U.K.), I had a good job, friends and family. At University, I was first in my class in Computer Science. I had worked for major corporations, in the U.S. too. I moved to the U.S. (with visa), and not unlike many foreign doctors driving cabs, I found myself, unable to obtain a position in my field, software development.

Demoralised after many months, after receiving hundreds of rejections, virtually no interview, and no position at all, not waiting tables, not working as a shop clerk, I am nearly going "mad!" (The unemployment figures and unemployment compensation stats. do not include me). So far, this is not the American Dream, it is the American Nightmare.

Mr. Smith

Dear Editor:

Is anyone really in charge at the INS or are just wasting everyones time and money.

My wife had her case approved (per the automated system, Ne.) in March we received notice on July 1,2002 notice date June 25,2002 and were told that she would received a residents card in three weeks. That has not happened and try at call them, that is the biggest joke. I have spent one full day trying that, but at 6:01 p.m. it is no waiting to get the automated system.

As a life long US citizen this is a disgrace to me and all new arrivals. Totally shameful to need 18 month to process paper work. They had 98 % before my wife arrived in this county, but to redo all paper work and add the marriage certificate. They just don't get it!

Lee Von See

Immigrant Life

We would like to Tell your Story to the World

Tell us about your experience as an Immigrant, and we would be happy to carry it in the Immigrant Life section of our website. Send your story to weeklyeditor@ilw.com

Read bitter sweet stories of other Immigrants:
Living Free in America
A Man without a Home
Reflections of an Indian business traveler in the United States
Sorry, cannot issue your wife a visa. She is dead!
Thank you, good Samaritan for making my Thanksgiving truly thankful!
From wiping tables to being a Vice President
Immigrant's last words
Part time husbands
Every immigrant in United States has rights
Deported Immigrant becomes an Immigration Professional

This week's chat schedule

When Attorney Monday, August 5 9:00 pm Eastern Time Fariba Faiz, Esq. Wednesday, August 7 9:00 pm Eastern Time Mitch Berenson, Esq. Friday, August 9 9:00 pm Eastern Time Jon Hultman, Esq.

Classifieds

For information on advertising in the classifieds please click here.

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