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Immigration Daily

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Immigration Daily January 30, 2003
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Immigration Daily is a free periodical. We count on word-of-mouth to grow. We thank our readers for continuing to forward Immigration Daily to others interested in keeping current on immigration law. Our diverse readership has grown to include not just immigration lawyers (and staff) and their clients (employers, relatives, and immigrants) but also members of the media, government, community organizations, and others. We encourage all our readers to continue to help us grow.


INA And INS Regulations At Your Fingertips

While writing to the INS about a RFE or preparing a petition, how do you keep the INA and all the relevent regulations of the INS at your fingertips? Attorneys have been using the exaustive topic indices in the 8 CFR Plus and The Whole ACTINA (Annotated) to do just that for years. To read more, please click here.

Featured Article

Taking The Discretion Out Of Discretion: INS Issues Interim Final Rule On 212(h) Waivers Of Inadmissibility
Christina B. LaBrie writes about the INS regulation on inadmissibility waivers under 212(h).

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Immigration Law News

INS Announces Opportunity To Obtain New Decision On Legalization Application.
The INS published a notice implementing the class action judgment in Proyecto San Pablo v. INS by notifying aliens who applied for legalization of their rights under the judgment.

INS Issues Final Rule On Public Disclosure Of Information On INS Detainees
The INS issued a final rule establishing a uniform policy on the public release of information on INS detainees in non-federal facilities.

INS To Offer Eligible Applicants LIFE Legalization Benefits
The INS today announced a public outreach campaign to encourage thousands of eligible individuals to file applications that could adjust their status in the US to that of permanent residents.

DOL Closes LCA Matter Where Employee Files Premature Complaint Before Adminstrative Determination Was Made
In the Matter of Goel v. Indotronix International Corporation, No. 2002-LCA-00027 (OALJ, Jan. 24, 2003), the Office of Administrative Law Judges found that the Employee's complaint requesting a hearing before the Office was premature because a determination had not yet been made by the Administrator of the Wage and Hour Division. The OALJ also found that the determination was delayed but the delay was not unintentional nor unreasonable.

Appeal Found Wholly Frivolous
In US v. Mosqueda-Beltran, No. 02-1245 (10th Cir. Jan. 28, 2003), the court said that Defendant's appeal was wholly frivolous, and concluded that the district court had properly calculated the offense level and criminal history category, in keeping with what the US had recommended as part of a plea agreement with Defendant.

IJ Does Not Have To Inform Alien Of Implications Of Exercise Of Right Of Appeal
In US v. Herrera-Avalos, No. 02-1231 (10th Cir. Jan. 28, 2003), the court said that nothing in the applicable statutes or regulations suggested that the Immigration Judge should also have informed Defendant of the implications of exercising or not exercising the right to appeal.

79,000 H-1B Visas Issued In FY 2002
Computerworld reports "The U.S. issued 79,100 H-1B visas last fiscal year, a sharp decline from the previous year and far short of the 195,000 cap or limit set by Congress, likely reflecting the state of the economy."

Business To Lobby Against Visa Delays
The London Financial Times reports "US companies are preparing to lobby Congress to try to ease the impact of new visa restrictions they say are hampering their ability to win business abroad."

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Letters to the Editor

Dear Editor:
Mr. Lowe's letter re: the matricula consular is correct in its statement. Mexican consuls are not lobbying for the acceptance of this ID card. They don't have to. At least two banks in my home town are falling over each other to recognize the card and solicit Mexican savings accounts, even to employing bilingual tellers and opening the offices on Saturdays. It's good business.

Richard E. Baer

Dear Editor:
Richard Baer's letter to the Editor asked how I went to slavery and prostitution in my previous letter. There are many would-be immigrants to this country who literally sell themselves into slavery and prostitution in order to get a foothold in this country--which shows their willingness to do anything and everything they have to. The domestic worker from Africa who is brought over legally, then kept in virtual slavery. The Chinese illegal immigrant who works as a prostitute to pay off a debt to her smuggler--or in a sweatshop (yes, they still exist, despite being illegal). So, why would we think that such immigrants will let a little thing like putting up with a boss that sexually harasses you or otherwise abuses you, or accepting low wages, stop them. A fundamental reason illegal workers have low wages is their lack of education and skills--which won't go away with legalization or a guest worker program. Such workers will have to compete for jobs against each other, and, if illegal immigration is not stopped, against a continuing influx of illegal workers. And how do workers compete with each other? By accepting lower wages. By putting up with dangerous conditions or illegal treatment.

Ali Alexander

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Editorial Advisory Board
Marc Ellis, Gary Endelman

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