A Note from the Editors:

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

• Immigration Alert! Failure to Inform INS Promptly of Change of Address May Land You in Removal Proceedings by Carl R. Baldwin
• H-1B - Specialty Occupation Professionals by George N. Lester IV
• The ABC's Of Immigration - Immigration For Registered Nurses by Kristi Crawford and Cynthia Ryan
• Green Cards Not H-1Bs: How September 11th Can Reverse Split The Bill by Gary Endelman

Articles

H-1B Series: Legal Background of the H-1B "Specialty Occupation" Program - Statutes and Regulations Practitioners Should Know
George N. Lester IV continues the H-1B Series with a review of the Statutes and Regulations in the H-1B program.

INS Seeks Comments
INS sought comments on Nonimmigrant Petition Based on Blanket L Petition, Form I-129S; Arrival and Department Record, Form I-94; Certificate for health care benefits; Interagency alien witness and informant record, Form I/854; and Application for Nonresident Alien's Mexican Border Crossing Card, Form I-190.

INS Announces Concurrent Filings of I-140's and I-485's
The Immigration Group at True, Walsh & Miller writes that "The new INS rule on concurrent I-140 and I-485 filings is a major change for the agency. Delays and confusion can be expected as the INS sorts out procedures under the new rule. In addition, several unanswered questions remain under the rule."

Two Million Documents Piled Up At INS
The Washington Post reports "More than 2 million documents filed by foreigners, from change-of-address forms to requests for benefits, have been piling up for years and only now are being reviewed by the government, senior U.S. officials said yesterday."

On "T" And "U" Visas
The Houston Chronicle reports on "T" and "U" visas.

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.

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."

Nursing Shortage Blamed For Boy's Death
Jose Latour writes about the latest casualty of the nursing shortage and blames Congress for inaction.

TV Network Operates DOJ Program!
The American Civil Liberties Union issued a press release saying "In a development bordering on what the ACLU called "surreal," the on-line magazine Salon.com today revealed that the Department of Justice is forwarding incoming Operation TIPS calls to the Fox-owned "America's Most Wanted" television series."

How do I get my children or spouse derivative asylum status?
Read comprehensive answer from INS on who is eligle to apply for derivative asylum and how to go about applying for it.

ILW Highlights

Updated Immigration Forms

INS has been updating forms at a crazy speed after 9/11 including many most commonly used forms such as I-130, I-140 and I-864. The older versions of many of the forms are no longer accepted, all petitioners must make sure to file the latest version.

Letters to Editors

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

Dear Editor:

My story begins on June 11, 2002, but in actuality it began in May 1998. On June 11, 2002, my husband James was taken out of our home (in Reading, PA) by 5 INS Officials wearing bullet proof vests and carrying pistols. Something I have only witnessed on Cops. At the time that he was removed and placed into INS Custody, I was 9 months pregnant with our last child. The child was scheduled to be born the following day 6/12/02. He was, needless to say, born without his father present. My husband is from The Gambia in West Africa. He came to the US on a visitor for pleasure visa in 1993. He arrived in NYC to visit with his mother and siblings. He eventually decided to stay in the US. He then filed for political asylum (Nov. 1995) and was denied. He was granted voluntary departure by May 6, 1996. He did not surrender himself for removal, which then was "upgraded" to a final order of deportation in 1997. We met in May 1998. I have 1 child from a previous relationship, Nicholas, that James raised as if he were his father. In Dec. 1999 we had our first son together, LJ (Little James). In Nov. 2000, we married. And on June 12, 2002, our second son together, Davis, was born without a father. Nicholas has AHD and severe behavioral problems. In the weeks that James has been absent from the home, these conditions have worsened. His biological father does not provide any type of support, so James has been more of a father to this child than the child's father. His loss of consistency has devastated his overall health. LJ witnessed this whole ordeal and wakes up in the middle of the night screaming for his daddy. He will not sleep in his own bed because he fears that someone will come and take him away. His last memory of his daddy was the sight of him being handcuffed and taken away. Davis, while still too young, will grow up with the knowledge that his daddy was taken away the day before he was born. He may never have the opportunity to know the love of this wonderful man that helped to create him, much less be held by his father for the first time.

I have had to return to work after having a major abdominal surgery and only 3 1/2 weeks of maternity leave. I have had to apply for welfare and was told that the only amount of money that I would receive is $400 and some odd dollars per month.

I have send e-mail letters to the President of this fine nation, the Governor of the State of PA, 2 US Senators, 1 Congressman, 1 PA Senator and the District Director of the Philadelphia branch of the INS. Basically each person slammed the window of opportunity right on my fingers. When all of this happened, his family in VA, hired Chidi Ogolo, PC (who practices Immigration Law in PA, VA and NC) and paid him a retainer fee of $2750.00. He was on this case for 2 weeks and did nothing more than file a Freedom of Information form and a form to show that he was representing us in this matter. I fired him and now travel frequently to Philadelphia to my attorneys there. In 2 hours, the new attorney did more for me than the first did in 2 weeks. We have filed for a Stay on June 26 and it was finally approved until 8/22/02. We now have to reopen the case in NY and have a change of venue. Which I pray everyday happens. The INS are very cold, nasty people who seem to enjoy playing games with people. First the Stay was approved on 7/09/02 then was changed to denied on 7/11/02. During which time, we were not notified. I have since given an interview to The Philadelphia Inquirer. Only to find out that I am not the only person that this has happened to. I feel so terribly bad for every single person that has had the unfortunate experience of dealing with the INS. I now fear that in a matter of minutes, that I will be left to raise 3 boys on my own. Not by my choice, not by my husband's choice but by the decision of my government.

Thank you for listening...
Christina M Koch

Dear Editor:

My family's story is a very long one but I promise to be brief. My father has been in this country for nearly 45 years as a legal permanent resident. He came here from Italy to pursue the American dream. He never quite found the time to become a US citizen. He spent all of his life working, never taking a vacation. He became a very successful real estate developer in the Tri-State area.

In 1989 with the demise of the economy, he began to lose all of his real estate holdings. The IRS came down on him very harshly and began a long, expensive, extensive investigation of his company. After many years of the governments investigations, he was convicted of tax evasion. They turned a civil tax case into a crimminal case. My father plead not guilty because he felt that he always filed all his returns properly and knew he had a tax obligation to pay. He felt thought he could work with the government to pay his debt that he ALWAYS reported as owing. But the IRS did not want to hear it. The government went to great lengths to make my father suffer. Needless to say, he was convicted at trial and was sentenced to 51 months imprisonment. His release date was September 13, 2001. He has since been in INS detention because of the 1996 immigration law, which states that all aggravated felons are subject to deportation. Since September 11th, 2001, I know my father's chances of being deported are now very significant. My father has 5 children and 12 grandchildren all under the age of 9. My mother is not in good health and deteriorating by the day. He has not been back to his country of origin, Italy in over 40 years. His roots are here, his family is here, his life is here. Our attorney's are not hopeful. No one will listen to this matter or cut us a break. He is not a violent man, and certainly does not pose a risk to society. SO WHATS THE PROBLEM WITH THIS COUNTRY? Doesn't the government realize that it is immigrants like him that builts this country.

And now all they want to do is rip him from his family and the place he calls home. We are at the end of our legal rope and know that inventiably all the INS wants to do is make an expamle out of him. The problem with this country is that they give liberties to the violent offenders and put them back on the streets and strip the rights of other, hard working people that get sucked into the political agenda.

Linda Wegman

Immigrant Life

New to America: Credit Card

.......Credit cards allow consumers to have access to more money than they can safely carry around, and they can provide an extra source of money to use for unexpected expenses. Additionally, goods such as airline tickets, rental cars and hotel rooms, can only be secured with credit cards since they offer protection for companies in case you don't pay the bill....... (Cont'd).

This week's chat schedule

When Attorney Monday, August 12 9:00 pm Eastern Time Thomas Esparza, Esq. Wednesday, August 14 9:00 pm Eastern Time Randall Caudle, Esq. Friday, August 16 9:00 pm Eastern Time Barry Lieber, Esq.

Classifieds

For information on advertising in the classifieds please click here.

U.S. IMMIGRATION
U.S. Visa Search gives you the opportunity to exhaustively explore all of your U.S. immigration possibilities for only $10! -- PLUS -- Sign up for a USVISASEARCH referral account and earn 10% of EVERY purchase linked through from your web-site or word-of-mouth referral!