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Immigration Daily November 13, 2002
Previous Issues
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Editor's Comments

Two eagle-eyed readers of Immigration Daily, Amjed Qamar, Immigration Paralegal at Vorys, Sater, Seymour and Pease LLP, of Columbus, Ohio, and Bob Belluscio of New York, NY pointed out that we erred in pointing our readers to the old version of the AR-11 form, while announcing the updated version in our November 12th issue. We have corrected the version of this form on our site, we thank the aforementioned readers for pointing out our error. The only change in the AR-11 was the mailing address provided by the INS. Fortunately, for those of our readers who may have already mailed in the old AR-11, the INS on its website stated "the [INS] will continue to forward all change of address forms received at the previous address to the new address." For the correct form, please click here.


ILW.COM Focus

Wendi Lazar, William Stock and Eleanor Pelta Will Speak At H-1B Seminar

ILW.COM is pleased to announce a new phone seminar course on "Cutting-Edge Topics In H-1B Practice." Led by Cyrus Mehta, this seminar features Robert Divine, Wendi Lazar, Angelo Paparelli, Eleanor Pelta, William Stock and other speakers to be announced.

For more info, including detailed curriculum, speaker bios, and registration information online, click here.
For more info, including detailed curriculum, speaker bios, and registration information by fax, click here.


Featured Article

Special Registration for Persons Already Present in the United States
Clarice F. Liao and Bernard P. Wolfsdorf write about last week's Federal Register notice on Special Registration.


Keep on top of the latest in immigration law! Attend ILW.COM seminars! You can attend ILW.COM phone seminars from the convenience of your office! For more info on the seminars currently available, please click here: http://www.ilw.com/seminars/

Immigration Law News

INS Releases SEVIS User Manual
The INS released a user manual for temporary users of the student and exchange visitor information system (SEVIS).

DOS Offers Rationale For Refugee Cuts
Arthur E. Dewey, Assistant Secretary for Population, Refugees, and Migration at the Department of State said "For our part, the U.S. remains strong in its commitment to refugee resettlement as a solution, a tool of protection, and as a means of responsibility sharing. There are, however, millions of refugees around the world with little hope of solution. This is because the root causes of refugee flows are all too persistent. And the climate for refugee solutions -- especially through good leadership and good governance -- is all too rare ... the United States is concerned that, while UNHCR is doing its part, some of UNHCR’s donor states and regional organizations are not doing theirs."

Attorney General Ashcroft Speaks on NSEERS Implementation
Attorney General Ashcroft spoke in Niagara Falls about the National Security Entry-Exit Registration System or "NSEERS" and said, "I am pleased to report that the system is performing extremely well....From the Baltic to the Balkans and from the Cape of Good Hope to the Rock of Gibraltar, visitors who may present elevated national security concerns will be included. No country is exempt. In the war against terrorism, we cannot afford to have tunnel vision."

Date For Counting Five Years For 212(c) Relief Is When BIA Issues Decision, Not When Application Was Filed
In Gomes v. INS, No. 02-1508 (1st Cir. Nov. 12, 2002), the court held that the relevant date in judging eligibility for a 212(c) waiver is when the Board of Immigration Appeals issues its decision, not when the application for 212(c) relief was filed and held that the statutory term "admission" does not refer to an alien's initial entry; rather it refers to the alien's effort to seek admission through his petition for relief from exclusion under 212(c).

Extreme Poverty Of Wife And Children Is Routine Suffering, Not Exceptional Circumstance Warranting Downward Departure
In US v. Polanco, No. 02-1512 (3rd Cir. Nov. 8, 2002), the court said that the district court finding denying downward departure was unreviewable, the finding being that the extreme poverty of the wife and two children of the Defendant created only the routine kind of suffering, not the exceptional circumstance described in case law and envisioned by the Sentencing Guidelines against taking family ties into account, and said that there was no reason to think that the country's need for deterrence of illegal entry diminshed after September 11, 2001, and that it could even be greater.

Vacated Federal Conviction Is Valid For Purposes Of Immigration Laws
In Renteria-Gonzalez v. INS, No. 01-60364 (5th Cir. Nov. 11, 2002), the court said that when a court vacates an otherwise final and valid conviction on equitable grounds merely to avoid the immigration-law consequences of the conviction, it usurps Congress's plenary power to set the terms and conditions of American citizenship and the executive's discretion to administer the immigration laws, and said that although no court had addressed the question whether a vacated federal conviction remains valid under 1101(a)(48)(a) as a deportable offense and thus as a bar to judicial review, the structure and history of the INA suggested that vacated federal convictions did remain valid for purposes of the immigration laws, and disagreed with Petitioner's assertion that the INS did not make reasonable efforts to locate and produce the illegal aliens he transported since he did not dispute the Border Patrol Agent's veracity, he conceded the futility of attempting to locate the aliens by letter in Mexico and did not explain how the INS could have compelled the presence of those aliens at an administrative hearing in the US.

Membership In Organization Designated As Terrorist Bars Asylum
In Perinpanathan v. INS, No. 02-1012 (8th Cir. Nov. 12, 2002), the court said that Petitioner failed to provide any documentary evidence to support his asylum petition, and said that his conflicting testimony undermined his credibility, and said that his failure to authenticate any of his testimony further weakened his case and agreed with the Board of Immigration Appeals that substantial evidence showed that the Petitioner voluntarily participated in activities with the Liberation Tigers of Tamil Eelam, which is listed by the Department of State as a foreign terrorist organization, and that this barred him from claiming asylum relief.

Pennsylvania Supreme Court Affirms Benefits To Unauthorized Alien
The Legal Intelligencer reported that "The Pennsylvania Supreme Court [affirmed a] lower court's decision to uphold benefits awarded to an unauthorized alien ... The [Commonwealth Court] said that according to the court below, public policy would not be served by denying workers' compensation benefits to unauthorized aliens because "'all that would do is reward an employer who failed to properly ascertain an employee's immigration status at the time of hire ... and potentially subvert any public policy against illegal immigration because employers may actively seek out illegal aliens rather than citizens or legal residents because they will not be forced to insure against or absorb the costs of work-related injuries.'"


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Classifieds

Help Wanted - Immigration Attorney
Immigration attorney needed for Cleveland, OH downtown busy boutique immigration law firm. Challenging/exciting work environment. Keen legal mind. Research/drafting skills a must. Please e-mail wong@imwong.com or fax (216) 566-1125. No phone calls please.

Labor Certification Advertising
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We carry advertisements for Help Wanted: Attorney, Help Wanted: Paralegal, Help Wanted: Other, Positions Sought, Products & Services Offered, etc.
For information on advertising in the classifieds please click here

For a listing of current immigration events please click here
For services/products of use in your law practice please click here


Letters to the Editor

Dear Editor:
Since this is Veteran's day, and being a Veteran, this letter seems appropriate. I realize that as you read this, in the grand scheme of things, this may be considered trivial to some. However, the Supreme Court of the US is a very important branch of the US government. Thus deserving all the respect of such a branch. I have recently noticed your editorials on the "Supremes". I am wondering whether the label is being used out of; laziness (to shorten work), a put down (because of a disagreement with a ruling), or perhaps in jest. However, being a former US Marine, veteran and grandson of an Iwo Jima survivor, it upsets me to think of all those who have died to maintain the US's values, and integrity only so other individuals can belittle the importance. As a side note, I mentioned earlier that I realize in the grand scheme of things this may be considered trivial, but as a professional "immigration portal" what message are you sending to newly landed immigrants about respect towards our democratic system. I may not agree with everything the US or its leaders do, but the US has proven time and again she is worthy of great respect, and all of the men and women who have paid the ultimate price have ensured this.

Semper Fidelis

Editor's Note: "Supremes" is an informal, but not disrespectful, way of referring to the Justices of the US Supreme Court. To the best of our knowledge, "Supremes" is in common usage among lawyers and others who deal with the law on a daily basis, and also to the best of our knowledge, "Supremes" is not used disparagingly or disrespectfully. America does not stand on formality, and nor does the American English language.

Dear Editor:
I cannot open up ILW.COM. I cannot do any searches on ILW.COM. Please let me know what is wrong.

Don Schlemmer

Editor's Note: You probably have an old version of Netscape Navigator. We recently redesigned our site, and you may want to upgrade to a newer version of Internet Explorer (or Netscape Navigator) to use all the features of the site.

Dear Editor:
Sorry to hear Immigration Daily has sold out to Bill Gates and AOL. I'll keep my Netscape 4.7 thank you. I can do without the Immigration Daily as the materials are available elsewhere.

Eugene J. Flynn

Editor's Note: Whether you use Internet Explorer 4.x or below, or Netscape Navigator 4.x or below, our site may not work perfectly. We urge our readers to upgrade to a later version of these browsers. Internet Explorer 5.x is about 3 years old, and Netscape Navigator 6.x is about 2 years old (there is no Navigator 5.x version). AOL owns Netscape, and is continuing to support it as of this writing. Our site is designed to be compatible with Internet Explorer 5.x and above, though those with Netscape Navigator 6.x and above should experience few or no problems using it.

Dear Editor:
Mr. LaTour has apparently had his head buried in the sand, to be able to miss what's happening in today's economy. Native-born and recently naturalized workers in information technology are being laid off while the industry continues to cry "shortage" of such workers and to proclaim the need for even more H1-Bs. Even recent computer science grads, formerly the "cheap" labor replacing older workers, are facing the roughest job market in 30 years. When graduating engineers at Virginia Tech, and computer science grads at top schools such as Berkeley can't find jobs in large numbers as is now happening, well, what's wrong isn't about US students not wanting to go into certain fields. As for healthcare, I remember the industry consolidations of the early 1990s, where mergers threw experienced nurses out of work and out of the profession. My niece, who's graduating from high school this year, has been accepted to a good nursing school, and will be graduating in 3 years. She's heard there is a shortage of nurses, and thinks it's a good career choice. If has been recent practice, and we rely on importing healthcare workers, will she be able to find a job? Or will she become another American who's told to train for a career we sorely need, only to find that what's really needed are workers who will work cheaply and not rock the status quo, i.e. foreign imports? The New York Times this past year noted that nursing salaries remained stagnant during the 1990s, hardly what one would see if there were really shortages (remember, we also imported nurses during this period under the H program). But then, salaries are perhaps far secondary to working conditions in attracting and keeping nurses, and the healthcare industry has no incentive to improve those if it can "steal" nurses from developing countries, where salary and working conditions make those in the US look like Nirvana.

Ali Alexander


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. Send Correspondence and articles to editor@ilw.com. Letters and articles may be edited and may be published and otherwise used in any medium. Opinions expressed in letters and articles do not necessarily reflect the opinion of ILW.COM.

Editorial Advisory Board
Marc Ellis, Gary Endelman

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