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Immigration Daily
Arthur L. Zabenko, Esq., Legal Editor
Nina Manchanda, Esq., Assistant Legal Editor
Marc Ellis, Esq., Chat Transcripts Editor
September 22, 2000
Contents:
Editor's Comments of the Day
Federal Register News of the Day
Cases of the Day
Congressional News of the Day
INS News of the Day
Immigration News of the Day
ILW.COM Highlights of the Day
ILW.COM Chats and Discussions of the Day
Letters to the Editor
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An Important disclaimer! The information provided on this page is not legal advice. Transmission of this information is not intended to create, and receipt by you does not constitute, an attorney-client relationship. Readers must not act upon any information without first seeking advice from a qualified attorney. Correspondence to editor@ilw.com. Letters may be edited and may be published and otherwise used in any medium.

Editor's Comments of the Day

There are now more than 3850 subscribers to the e-mail version of Immigration Daily. We continually try to improve it to make it more useful to you. Yesterday we carried in the "Letters to the Editor" section a question from RAM about the meaning of the abbreviation "SII." Several astute and generous readers were kind enough to share their knowledge and respond to the question. We have carried the answer in today's "Letters to the Editor" section. One reader wanted to help, but was unsure about how to respond. If you have comments or questions on something you see in Immigration Daily, including letters we publish, please respond to editor@ilw.com. By publishing the answers to questions everyone can learn. ILW.COM is proud to be the platform to allow our readers to educate each other.


Federal Register News of the Day

People-to-People Exchange Program
The Office of Citizen Exchanges of the Bureau of Educational and Cultural Affairs (ECA) of the US Department of State, in cooperation with the Bureau of Near Eastern Affairs (NEA), announces an open competition for grants under the Wye River People-to-People Exchange Program. Public and private non-profit organizations operating in the US, in the West Bank and Gaza, and in Israel may submit proposals for J-1 programs to develop and implement individual exchange projects or multi-faceted programs that involve both Israeli and Palestinian participants.

FREEDOM Support Act/Future Leaders Exchange J-1 Program
The Youth Programs Division of the Bureau of Educational and Cultural Affairs announces an open competition for the placement component of the FREEDOM Support Act/Future Leaders Exchange (FSA/FLEX) J-1 program.


Cases of the Day

Asylum for Fijian who Refused to Participate in Persecution of Indo-Fijians
In Tagaga v. INS, No. 98-71251 (9th Cir. Sept. 21, 2000), the court determined that the Board of Immigration Appeals clearly erred. The court found that the Petitioner was eligible for asylum and entitled to withholding of deportation as any reasonable factfinder would be compelled to conclude that his previous sentence to house arrest had been and a future court-martial would be motivated at least in part by his refusal to participate in the persecution of Indo-Fijians.


Congressional News of the Day

Senators Speak on H-1B Bill and "Latino and Immigrant Fairness Act of 2000"
Senators Graham, Boxer and Durbin speak in favor of S. 2045, the H-1B visa bill, and S. 2912, the "Latino and Immigrant Fairness Act of 2000."

Sen. Leahy Comments About H-1B and Other Immigration Issues
Sen. Leahy voices his support for an increase in the number of H-1B visas and urges the Senate to discuss other immigration issues as well.

Sen. Leahy Discusses Latino and Immigrant Fairness Act
Sen. Leahy speaks in favor of S. 2912, the "Latino and Immigrant Fairness Act of 2000."

Senate Concurs on Amendment for The Intercountry Adoption Act 2000
The Senate concurs in the House amendment to H.R. 2909 to provide for implementation by the US of the Hague Convention on Protection of Children and Cooperation in Respect of Intercountry Adoption.

Rep. McCollum Remarks on His Experiences in the House
Rep. McCollum comments on his career in the House including his views on immigration issues and his experiences with immigration legislation while serving on the Subcommittee on Immigration and Claims.

Introduction of the Immigrant Health and Safety Act
Rep. Nadler introduced H.R. 5232, the "Immigrant Health and Safety Act of 2000." The bill would provide for the cancellation of removal and adjustment of status for certain nonpermanent residents whose removal would result in extreme medical hardship.

Introduction of the "Caribbean Amnesty and Relief Act"
Rep. Engel introduced H.R. 5032, the "Caribbean Amnesty and Relief Act," which would allow Caribbean-born people to get green cards if they have been in the US since 1996, and would also create a visa fairness commission to collect data on economic and racial profiling.

Bill to Make Certain Immigration Consultant Practices Criminal Offenses Introduced in Senate
S. 3074, a bill to make certain immigration consultant practices criminal offenses, was introduced in the Senate and referred to the Committee on the Judiciary.

Senators Landrieu and Lautenberg Added as Co-Sponsors to S. 2912
At the request of Sen. Kennedy, the names of Sen. Landrieu from Louisiana and Sen. Lautenberg from New Jersey were added as cosponsors of S. 2912, "Latino and Immigrant Fairness Act of 2000." This bill extends the provisions of NACARA to Salvadorans, Guatemalans, Hondurans, and Haitians and advances the date for registry.

S. 3068 on Senate Calendar
S. 3068, a bill to amend the Immigration and Nationality Act to remove certain limitations on the eligibility of aliens residing in the United States to obtain lawful permanent resident status, was read for the second time in the Senate and placed on the Senate calendar.

The "Agricultural Opportunities Act" Approved by Committee on the Judiciary
The House Committee on the Judiciary approved H.R. 4548, the "Agricultural Opportunities Act." This bill would establish a pilot program creating a system of registries of temporary agricultural workers to provide for a sufficient supply of such workers, to amend the Immigration and Nationality Act to streamline procedures for the temporary admission and extension of stay of nonimmigrant agricultural workers under the pilot program.

Hmong Veterans' Bill and "Immigrant Health and Safety Act" Referred to Committee on the Judiciary
Both H.R. 5234, a bill to amend the "Hmong Veterans' Naturalization Act of 2000" to extend the applicability of that Act to certain former spouses of deceased Hmong veterans and H.R. 5232, "Immigrant Health and Safety Act of 2000," a bill to amend the Immigration and Nationality Act to provide for cancellation of removal and adjustment of status for certain nonpermanent resident aliens whose removal would result in extreme medical hardship, were introduced and referred to the House Committee on the Judiciary.

Lamar Smith Accuses Clinton of Overreaching
In a Press Release Rep. Smith criticizes President Clinton for linking the H-1B bill to amnesty for illegal aliens.


INS News of the Day

Remarks By The President at Congressional Hispanic Caucus Institute Dinner
In an address to the Congressional Hispanic Caucus President Clinton spoke about the importance of immigrants in the history of the United States.

Clinton Administration Touts Accomplishments
A Fact Sheet released by the White House, "President Clinton and Vice President Gore: Working on Behalf of Hispanic Americans," highlights the accomplishments of the Clinton Administration in various areas including immigration.


Immigration News of the Day

Judge Voids Case of Man Not Warned of Deportation
According to the Los Angeles Times a Los Angeles Superior Court Judge vacated a felony conviction because the person had not been advised he would face deportation if he agreed to the guilty plea.

Harvard-Taught Lawyer Among Those Charged In Unprecedented Prosecution
According to a report from the Associated Press carried in the Boston Globe's Boston.com a lawyer who operated one of the nation's largest immigration asylum firms and seven others were charged Wednesday with enabling smugglers of Chinese aliens to sneak scores of them into the country.


ILW.COM Highlights of the Day

Carry Immigration Articles From Our Site In Your Publication or On Your Web Site For FREE
Write to us to obtain a package on a regular basis comprising of articles, chat transcripts and other stories related to immigration. Please direct you inquiries to syndication@ilw.com.


ILW.COM Chats and Discussions of the Day

Transcript of Chat with Jan Pederson
ILW.COM has posted the transcript of the September 12, 2000, chat with attorney Jan Pederson about the recent interim rules for waiver of labor certification for physicians willing to practice full-time in an area designated as having a shortage of health care professionals or in a facility operated by the Department of Veterans Affairs.


Letters to the Editor

Dear Editor,
It appears that a highly unusual number of RFE's on I-140 petitions are being sent, especially from the VSC. Most are frivolous, and certainly "boilerplate." It seems as though this is a way of reducing the backlog in the face of several suits filed against INS. Are they not aware that this is creating more work? Can we hear from others?

Manny Singh

The following were received in response to a letter to the editor in yesterday's issue of Immigration Daily about the meaning of the abbreviation "SII."

Dear Editor,
I am curious how anyone is supposed to respond to your "Letter to the Editor" inquiries. I was going to answer the question from today, which was signed "RAM" but the hyperlink doesn't go anywhere. The answer to his question about what "SII" stands for is "Supervisory Immigration Inspector." Perhaps you could pass that along.

Elizabeth J. Dobosiewicz, Esq.
Jaeckle, Fleischmann & Mugel, LLP
Buffalo, NY

Dear Editor,
Please advise RAM that "S II" means: "Supervisory Immigration Inspector." If RAM's client should apply for Adjustment of Status, s/he should be prepared to explain why s/he apparently told the SII that s/he was only coming for a visit, and did not intend to adjust, change or extend his/her stay. The INS may claim that fraudulent statements were made at the time of entry if the client now tries to adjust status.

Paul N. Gilbert, Esq.
Parsippany, NJ

Dear Editor,
"S II" stands for "Supervisor Immigration Inspector." Since your client is married to a US citizen that overrules what inspector wrote.

HE


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