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Immigration Daily
Arthur L. Zabenko, Esq., Legal Editor
Nina Manchanda, Esq., Assistant Legal Editor
Marc Ellis, Esq., Chat Transcripts Editor
October 12, 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
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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

More than one person has contacted our offices saying that they had been told by INS that 245(i), the provision of law which allowed some people otherwise ineligible to adjust status, to do so upon payment of a $1000 fee. We called INS and spoke with two live beings, one of whom identified himself as an information officer. He said they had not received any information from the Department of Justice on 245(i), and if it were so it would be posted in the INS web site. Our guess is that someone at INS heard of the passage of S. 2045 and in a burst of enthusiasm or lapse of attention conflated S. 2045 with 245(i). Whatever the source of the rumor, it is evidence that the INS is not a reliable source for the interpretation of or information on immigration law.


Federal Register News of the Day

Reopening of Comment Period for Section 212(c) Relief
The Department of Justice, Executive Office for Immigration Review, has reopened the public comment period for the proposed rule to create a uniform procedure for certain lawful permanent residents in deportation proceedings that commenced before April 24, 1996, to apply for relief from deportation pursuant to section 212(c) of the Immigration and Nationality Act. Written comments must be submitted on or before October 18, 2000.


Cases of the Day

Use of Fraudulent Driver's License is Crime of Moral Turpitude
In Montero-Ubri v. INS, No. 00-1133, (1st Cir. Oct. 6, 2000), the court held that the Immigration Judge (IJ) and the Board of Immigration Appeals (BIA) correctly relied on sentencing documents to determine what type of crime was committed and were correct to conclude that the petitioner commited a crime of moral turpitude when he used a false license in connection with operating a car.


Congressional News of the Day

Senate Passes Increase in H-1B Fees
The Senate passed H.R. 5362 which increases the amount of fees charged to employers who are petitioners for the employment of H-1B non-immigrant workers from $500 to $1000 effective two months after enactment.

House Passes Visa Waiver Permanent Program Act
House of Representatives agreed to the Senate amendments and passed H.R. 3767, the "Visa Waiver Permanent Program Act," which makes improvements to, and permanently authorizes, the visa waiver pilot program.

House Passes Waiver of Oath by Disabled Individuals
After debate on the floor, the House of Representatives passed H.R. 4838, the "Disabled Immigrant Naturalization Oath Waiver." This bill will amend the Immigration and Nationality Act to provide a waiver of the oath of renunciation and allegiance for naturalization of aliens having certain disabilities. Subsequently the House passed S. 2812, a similar Senate-passed bill, after amending it to contain the text of H.R. 4838.

Sen. Brownback Discusses the Victims of Trafficking and Violence Protection Act of 2000
In an address to the Senate, Sen. Brownback discussed the Victims of Trafficking and Violence Protection Act of 2000 which the Senate is scheduled to vote on later this week.

Rep. Capuano Comments on the Violence Against Women Act
Rep. Capuano commended the House of Representatives for passing the conference report on H.R. 3244, "Sex Trafficking Victims Protection Act" which also contains the reauthorization for the "Violence Against Women Act." Rep. Capuano stated that the Violence Against Women Act helps to protect battered immigrant women by reforming immigration laws that are currently being used to prevent a battered immigrant spouse from reporting abuse or leaving an abusive relationship.

Committee on the Judiciary to Markup Private Bills
On October 11, 2000 the House Committee on the Judiciary was scheduled to markup private relief bills for Wei Jinsheng, Marina Khalina and her son, the Lozano family, Mina Vahedi Notash, Jacqueline Salinas and her children, Elizabeth Eka Bassey and her children, Guy Taylor, Tony Lara, Malia Mako Miller, Jose Guadalupe Tellez Pinales and Alexandre Malofienko and Olga Matsko, and their son.


INS News of the Day

President Suspends Entry of Liberians
The President has suspended the entry into the United States, as immigrants and non-immigrants, of all persons and the spouses, children, and parents of all persons who plan, engage in, or benefit from activities that support the Revolutionary United Front (RUF), or that otherwise impede the peace process in Sierra Leone.


Immigration News of the Day

The Arrest of an Immigration Lawyer Charged With Smuggling Turns Up the Heat on the INS
According to the Village Voice the recent arrest of attorney Robert E. Porges for helping smugglers bring Chinese immigrants illegally into the US has allowed immigrant advocates to argue that the attitudes of INS employees, exacerbated by incompetence, lack of oversight, and the INS's having to enforce rigid, self-contradictory laws devised by a grandstanding Congress, make it easy for unscrupulous lawyers to take advantage of vulnerable people.

British Tag is 'Coded Racism'
An article in the Guardian Unlimited states that a report released by the Commission into the Future of Multi-ethnic Britain has sparked controversy. The report finds that the term "British" has racial connotations and will no longer serve as a description of the UK's multicultural society. It concludes that the UK should be recognized as a multicultural society whose history needs to rewritten depicting Britain as an imperial force involving dominance in Ireland, Africa, the Caribbean and Asia. The report also calls for the establishment of a human rights commission and for the scrapping of the current voucher system for asylum seekers.


ILW.COM Highlights of the Day

Southern Biscuits with Sausage Gravy
Read Immigrant's Weekly recipe of the week


ILW.COM Chats and Discussions of the Day

New Chat Transcripts Posted
New chat transcripts have been posted. If you missed last week's chats of just want to review the answers check the Chat Transcripts page.


Letters to the Editor

Dear Editor,
I have only recently subscribed to your site but find it a godsend. A very useful and up-to-date summary of what's happening in the immigration world. You are filling a real need.

Scott Busby
Immigration Attorney


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