A Note from the Editors:

In Support Of The War

We support the war against Saddam Hussein's Iraq.

Before we go any further, our readers should know that Immigration Daily takes positions based only on the immigration law perspective. We do not take positions on issues which are unconnected or peripherally connected to immigration law. The link between immigration and Iraq is straight-forward. The American people are rightly concerned with personal security, and the terrorist menace. We believe that many Americans, including elements in our government, mistakenly confuse immigration and terrorism. The anti-immigrationists are using this as a fig-leaf to advance their anti-immigration, anti-American agenda. Vanquishing the terrorists would make America safe from terror and simultaneously damage the anti-American, anti-immigration program. Unfortunately, terrorism thrives in a part of the world where we do not have sufficient military and covert resources to take direct action against the terrorists, or the ability to pressure other governments to do so. The presence of a massive US armed force in Iraq would not just obliterate Iraqi support for the terrorists, it would put Syria and Iran - both supporters of terrorists - squarely in our sights. It will also put us in a position to pressure other neighboring nations to cooperate more fully in the war against the terrorists. This war is helpful in the global war against the terrorists who want to destroy all that immigrants value in choosing to make America their home. We therefore see this war as aiding the pro-immigration cause, and hence our support. We note once again that anti-immigrationists are mostly opposed to the war, as indeed, are a majority of pro-immigrationists.

According to a report in the Washington Post, government sources said today "The FBI would be aided by immigration investigators at Homeland Security, who would detain anyone found to be in violation of immigration laws." This perfectly illustrates America's confusion between immigrants and terrorists. This government statement does not distinguish, for example, between an Iraqi terrorist agent with malevolent intentions who is present in the US, but has scrupulously followed immigration laws, and an undocumented Iraqi dishwasher with no ill will to the US, who values America, and wants to be an American, but is still groping for a way to legalize his status.

As documented brilliantly by Stuart Anderson in "In Defense Of A Nation," foreign-born Americans and immigrants have played a prominent and disproportionately heroic role in America's wars. We expect that immigrant-soldiers, including Iraqi-Americans in uniform, will perform no less valiantly this time around. As they head into the terrible uncertainty of battle carrying the Stars and Stripes, members of America's armed forces, including immigrants, will have our steadfast support.

Articles

A Legal Guide For INS Detainees: Part 3
The Commission on Immigration Practice, Policy, and Pro Bono of the American Bar Association offers a detailed guide at how to petition for release from indefinite detention.

Editor's Note: Parts One and Two of A Legal Guide For INS Detainees series, which appeared each Monday beginning on March 3, 2003, have been updated.

EOIR Launches New Program To Better Inform Detained Aliens
The Department of Justice, Executive Office for Immigration Review (EOIR) announced a new Legal Orientation Program which provides information about the immigration legal process to detained aliens facing removal hearings in Immigration Courts.

DOS Launches Visa Education Campaign
The Department of State unveiled its new initiative, entitled "Secure Borders. Open Doors." which will help streamline the visa process for applicants at US embassies and consulates around the world. The initiative's materials, which will be translated into local languages, include step-by-step instructions on applying for a visa.

New Version Of Citizenship Test Is Unveiled In Newark, NJ
New York Newsday reports that "BCIS trainers arrived Thursday in Newark, NJ, the first city to be trained in administering an updated version of the citizenship test. They will travel to San Antonio, Los Angeles, Sacramento, Calif., and Atlanta over the next three weeks. 589,810 people nationwide became naturalized citizens in 2002."

Receipt Of Certain Public Benefits Will Not Render Alien A Public Charge: Part 1 Of 2
Weiqi Li and Mark E. Harrington writes "The fear of being labeled a public charge and the absence of a clear definition of public charge undermines federal government policies designed to increase access to health insurance and health care."

A Response To The Acosta Doctrine And Gender Asylum: An Immigration Reform Perspective On Matter of R-A-
Stephen M. Knight writes, "The question of whether victims of gender-based violence qualify as refugees under the Refugee Convention has been faced by numerous other developed countries and been answered in the affirmative."

Receipt Of Certain Public Benefits Will Not Render Alien A Public Charge: Part 2 of 2
Weiqi Li and Mark E. Harrington writes "No single factor -- other than the lack of an affidavit of support, if required -- will determine whether an alien is a public charge, including past or current receipt of public cash benefits for income maintenance."

Seattle Is First City Banning Inquiry Of Any Person's Immigration Status
The New California Media reports that Seattle recently became one of several cities to pass an ordinance that prohibits police officers and city employees from asking any person about their immigration status.

Mismatched Social Security Numbers Lead To Wave Of Firings
The Boston Globe reports that "A controversial program designed to clear up millions of erroneous Social Security numbers has resulted in a wave of firings all over the country, as companies are told their workers have invalid numbers, sparking fear that some of them may be illegal immigrants."

SEVIS System Glitches Causes Frustration For International Students
The Michigan State News reports that "A 2-month old computer system designed to hold personal information about international students studying in the US is experiencing lapses, MSU university officials say."

How Do I Renew My Permanent Resident Card (Green Card)?
Read a comprehensive answer from INS on what steps to take to renew your permanent resident card.

Registration, Reorganization Redux
Steven D. Heller, Esq. writes "If past truly is prelude, there may be some cause for hope amid the general immigration gloom."

ILW Highlights

Processing Times Updated

Texas and Vermont Processing Times have been updated.

Letters to Editors

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

Dear Editor:
I just set up two websites at http://free-immigration-help.com and http://free-immigration-help.com/espanol.html Please mention this site, where visitors can look up their Zip+4 (off the US Postal Service website,) and with that, their Congressional District (off the US House of Representatives website,) and with that, the local district offices where Congressional aides can help them get a straight answer. I invite interpreters the opportunity to run a free ad on my sites, which will appear next to the address of any Congressional office where they will work.

Tom

Dear Editor:
The plight of Veena Kulkarni is the most insane thing yet. I would think that help could come by contacting the Education Department of the State where this happened and get some free help. The INS person must be fired too. I am a substitute teacher, at age 71, and I see many students in our school system who are just as "bright" as this INS person. This country and its future are on shaky legs if we have dummies like that coming out of our school system... and too many are.

Bob Todd
San Jacinto, CA

Dear Editor:
I face possible deportation and I need your help. Here is what happened. Friday 21st of August 2002 coming back from my European summer vacations I was stopped by INS (Washington DC Dulles International Airport) I have held a Permanent Residency (green card) since August 1992. INS records database was showing a 1995 misdemeanor charge on my records. Here's why: my subcontractor did not return a Step Ladder - ($95.00 value from Home Depot) to the Rental Works in Arlington, VA. I had rented from them several times and never had we had any problems before. Rental Works of Arlington, VA did not contact me until six month later when they requested replacement value 15 times the original value of the Step Ladder. I did offer to reimburse them but I did not agree with so a high fee. Rental Works filed a charge and I did not have a lawyer. A Commonwealth Attorney advised that it would only be a misdemeanor which would not affect my Immigration Status. I agreed to a misdemeanor fine of $200.00 and a 90 day jail sentence, suspended upon good behavior and keeping the peace. My decision was based on the recommendation of a Commonwealth Attorney from Arlington's District Court. INS passed new regulation allowing immigrants who pled guilty to certain criminal offenses before April 1, 1997, to apply for the relief from the deportation that was available at the time. Also I am a lawfully resident of the US for over 10 years. I did plead guilty before April 24, 1996. With all my hard work and entrepreneur spirit I am a credit to American society. I work 7 days a week 12-14 hours a day to make my American Dream come true. Talking with other clients or friends from all over the world I always defend the US and explain our message.

Alex Bajan
Arlington, VA

Immigrant Life

This site......

"I checked on the INS website for green card for abused spouses. It only mention physical abuse. Am I protected by law if I get a divorce based on cruelty on the basis of mental (verbal) abuse? My marriage is only 4 months old and I am awaiting for a EAD card (supposed to arrive within the next 45 to 60 days), and adjustment of status for green card (receipt from INS says it will take btw. 365 to 540 days).

Here's my situation:
I got married to a USC after being out of my visa status for 6 months. My spouse was too verbally abusive in the first 2 months of the marriage. By "verbally abusive" I mean, calling me coarse names and accusing me of cheating and having sex with friends without any grounds, excessive controlling behavior such as checking my cel phone bill, number called and duration, doctor to check what time I was in his office, accusing me that spending 2 hours on the phone with my best friend who happen to be of the opposite sex is cheating and conspiracy, threatening of divorce and preventing me from having a normal social life with friends regardless of gender, because if I don't up live as he wants he says that the marriage is fake. In other words, he has verbally abused me because he believes it is his right for "providing" me a future green card. He hasn't been physically abusive, but I am afraid because while he verbally abuses me, he does things like throwing things on the wall (not against me), shread pictures, etc. We have been separated for 1 month now - I kicked him out of my house after too much abuse to the point of calling me a whor* while not only I have provided for his living (he had moved into my apt., ate my food, and a loan of $ 4,000 throughout two months because he didn't have any money for himself for basics as medication, transportation money, food outside house, outstanding bills etc). He is also bipolar (manic depressive), compulsive gambler, and absolutely financially irresponsible.

Please help. I want to stay in the US, but I can't stay married and always feeling afraid of his behavior, and wait for verbal abuse to turn into physical one. Where do I start? If I start the divorce process, how can I live legally in this country? Any ideas on where I can get free assistance? Thanks! (Post your reply).

This week's chat schedule

When	Attorney
Monday, March 24 8:00 pm Eastern Time	Kyle Kinzy, Esq.
Wednesday, March 26 8:00 pm Eastern Time	Shari Moidel, Esq.
Friday, March 28 8:00 pm Eastern Time	Fariba Faiz, Esq.

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