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Immigration Daily February 3, 2003
Previous Issues
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Editor's Comments

New Congressional Chairs For Immigration

ILW.COM has learned that Rep. Hostettler (R-IN) will Chair the House Immigration Subcommittee and that Sen. Chambliss (R-GA) will Chair the Senate Immigration Subcommittee. Both these Congressional Representatives are anti-245(i), a fact which surely is not good news for immigration attorneys. An additional complication is that Rep. Hostettler is also anti-H-1B, a fact which may prove important when the H-1B cap ratchets downward later this year. Pro-immigration bills may face somewhat of a greater struggle in the current Congress (2003-2004) as a consequence of the newly appointed Congressional Subcommittee Chairs. However, 245(i) has traditionally been an Appropriations matter, and not directly in the purview of the immigration sub-committees. Also, if President Bush, a Republican, asks for pro-immigration bills from Congress, his fellow Republicans may have a hard time opposing him, particularly in view of their holding the positions of Chairs of the Immigration Sub-Committees. Once the war-clouds in DC have dississipated (hopefully by Spring), it is entirely possible that the President may move in this direction. Immigration Daily will continue to chronicle events in DC for you.


ILW.COM Focus

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 ACT—INA (Annotated) to do just that for years. To read more, please click here.


Featured Article

The H-1B Series: Part 3 of 6 (Encore)
George N. Lester IV offers Part 3 of his comprehensive look of the H-1B program.


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Immigration Law News

DOS Seeks Comments On NonImmigrant Visa Application
The Department of State sought comments on Form DS-158, Contact Information and Work History for Nonimmigrant Visa Applicants, which includes all nonimmigrant visa applicants seeking to study in the US.

Interim Rule On Removal of Visa and Passport Waiver for Certain Permanent Residents of Canada and Bermuda
The Department of State and the INS promulgated interim final rules that allow certain permanent residents of Canada and Bermuda who share a common nationality with nationals of Canada or with British subjects in Bermuda to enter the US without a passport or visa. Aliens affected by this change will hereafter be required to present a passport and a visa when applying for entry into the US.

INS Communique
The November 2002 issue of the INS Communique is now available. The issue includes details of the Commissioner Awards Ceremony 2002 where INS Commissioner Ziglar handed out more than 60 awards along with a list of award recipients.

Undersecretary For Border And Transportation Security Hutchinson Sworn In
At a ceremony held Wednesday, January 29, 2003, at the INS headquarters, Asa Hutchinson was sworn in as the first Undersecretary for Border and Transportation Security in the Department of Homeland Security.

DOL Dismisses Alien's Appeal In LCA Matter, Says Paycheck Was Misdeposited
In the Matter of Badhwar v. Clarisoft Corporation, No. 2003-LCA-00005 (OALJ, Jan. 27, 2003), the Office of Administrative Law Judges dismissed alien's petition for a hearing and stated that assuming the truth of all facts alleged by alien in his pre-hearing submission, he failed to state a claim upon which relief could be granted, and also said that Employer's last paycheck to the alien had been misdeposited and was later paid to the alien.

No Abuse Of Discretion In Denial Of Asylum To Gambian
In Sanyang v. INS, No. 02-1660 (4th Cir. Jan. 30, 2003), the court said that the Board of Immigration Appeals correctly applied the law and did not abuse its discretion in summarily affirming the Immigration Judge's order denying a Gambian citizen's application for asylum.

Use Of Force Is An Element In Texas Intoxication Assault
In US v. Vargas-Duran, No. 02-20116 (5th Cir. Jan. 28, 2003), the court found that because the Texas crime of intoxication assault has as an element the use of force against the person of another, therefore the district court did not err in imposing the 16-level enhancement under Section 2L1.2(b)(1)(A)(ii)of the Sentencing Guidelines.

90,000 Documents Shredded To Reduce Backlog!
The New York Times reports on the reduction of the backlog at the INS Processing Center in Laguna Niguel, CA by the unauthorized destruction of documents including "American and foreign passports, applications for asylum, birth certificates and other documents supporting applications for citizenship, visas and work permits."

US Citizens May Soon Require Passports To Re-Enter Country After Trips To Canada, Mexico
The Democrat and Chronicle of Rochester, NY reports "American citizens returning from trips to Canada, Mexico and other parts of the Western Hemisphere would be required to present a valid U.S. passport before re-entering the country under a new policy being considered by federal officials."


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Classifieds

Web Technology For Immigration Attorneys
INS Experts is offering its technology to Immigration professionals and law firms interested in establishing a visible presence online. INS Experts possesses the technology to enable organizations to create Immigration modules integral with their unique look and feel. The cost of setting up this technology is minimal and the time required for implementation is a few months. Law firms can also utilize the INS Experts technology to prepare the INS applications through a unique and highly interactive web-based technology. Law firms can either offer this service directly to their clients through their internet/ intranet sites, or their internal staff can use the INS Experts site to prepare the applications. You can benefit from our technology, with no significant investment on your part. Law firms can break away from the traditional, paper oriented, and change resistant image of the immigration law industry. For further information, visit our website: http://www.insexperts.com or if you have any questions, please contact: Puneet S. Parmar, Director of Business Development, INS Experts Inc., 12280 Saratoga Sunnyvale Road, Suite 116, Saratoga, CA 95070, Phone: 408-517-4212, Fax: 408-446-0771, Email: Puneet.Parmar@insexperts.com.

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Letters to the Editor

Dear Editor:
Just a quick note to let you know that your Form I-131 is not fillable as stated in your download forms section. I'm not sure if it is a glitch in your system or just my computer. ILW.COM is a great resource for finding Immigration forms that are fillable when INS's isn't. Keep up the good work!

Tanya Calderone, Legal Secretary
Law Office of Adams & Lucero

Editor's Note: Thank you for being an eagle-eyed reader of Immigration Daily, and for pointing this out. We have made the necessary corrections.

Dear Editor:
In response to Angie's letter to the Editor, what is ignorant about Chucky's letter? Is it not true that immigration attorney's would see financial gain if 245(i) is reinstated? Is it not also true that illegal aliens (I know, I know, you don't like that term) will benefit from amnesty? There are none so intolerant than those who insist that everyone else tolerate their views. One can truly appreciate what immigrants have done for our country while still seeing the need to take a long, hard look at how many more people this country can take care of. A good example of this was clearly demonstrated by the article written by Jose Latour. Again, I appreciate ILW.COM's willingness to present both sides of this very complicated and emotional issue.

ll

Dear Editor:
Ali Alexander says our immigration policy is run by "ethnic political groups" (among others). Without agreeing with him, I wonder what is wrong with that, if it is true? And what does that mean anyway? We are all of some ethnicity or another. If arguments that lean against immigration are founded in part on the ethnic background of the intending immigrants then they are merely racist arguments and therefore flawed from the start. There are legitimate concerns that can be raised about control of immigration flows but ethnicity of the immigrants is not one of them.

Justin
Chicago, IL

Dear Editor:
Thank you, Mr. LaTour, for expressing the point so nicely. Many immigration advocates call upon our heritage as a "nation of immigrants" to justify the current high levels of immigration, particularly from Third World countries. What these same advocates ignore is that that history has expected, indeed, required immigrants to be self-supporting. As long as we ignore that aspect of our history, and continue to import large numbers of legal and illegal immigrants who do not have the skills or education necessary to succeed in modern society, we will have these exorbitant medical costs, and the rising costs of educating or training people who are not only illiterate in English, but in their own languages.

Ali Alexander

Dear Editor:
It costs $186 to file an I-485 but $160 to file for a child under 14. It probably takes longer to do a "name check". No mention of $50 for prints. INS feels that lawyers are "presumptuous". Get ready for RFEs to reduce the workload. Better than California Service Center's remedy of shredding.

N.A. Hyman

Dear Editor:
I would like to suggest that the INS move a little quicker with regard to petitions and \or immmigration forms filed. For example, the I-130 can take up to 3 years for approval or denial. This is absurd. Why should a family petition take so long while the family member is waiting in another country? Another example is the changes made in the scope and context of an immigration decision by a judge, such as having an original order of deportation re-instated, without the deportee being able to see a judge. I know this is illegal and unethical. It happened to me.

Name Not Supplied


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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