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Immigration Daily

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Immigration Daily April 24, 2003
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The readers of Immigration Daily form a community, which albeit online, is a real community of a shared interest in 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, non-profit institutions, and others. Within this community, ideas can be exchanged, debated, and shared. We encourage you to continue to participate in this community forum by submitting letters to the Editor, and your articles, and sharing Immigration Daily with others.


Registration Deadline Is Thursday, April 24th!

Labor Certification is a half-broken system today, with RIRs working for some combinations of occupations/Regions and not for other combinations. Prevailing Wages, the "oxygen of the labor certification system," continue to raise problems for even the most seasoned practitioners. Labor cert strategy today requires constructing the proper 750A form and the appropriate recruitment, while keeping in view DOL's ever-changing standards as they interplay with INS practices on "or equivalent," a minefield where certified cases meet their doom at the I-140 stage. Looming over all else is the shadow of PERM, which is always just coming but never quite arriving. This is the background for ILW.COM's new seminar "Labor"-Intensive Immigration Practice: Advanced DOL Strategies on the Eve of PERM." Led by Angelo Paparelli, the telephonic seminar series features distinguished practitioners Steven Clark, Allen Kaye, Edward Litwin and Joel Stewart (other speakers to be announced). For more info on this phone seminar series, including detailed curriculum, speaker bios, and registration information, please see: For the fax version, please see: The registration deadline is Thursday, April 24th.

Featured Article

Power Play? Attorney General Gives Immigration Enforcement to FBI
Maurice Belanger of the National Immigration Forum writes "Until recently, enforcement of civil immigration laws was left to trained officers of the INS."

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:

Immigration Law News

DHHS Updates Poverty Guidelines
The Department of Health And Human Services updated its poverty guidelines, which is used to determine how much sponsors of immigrants must earn in order to meet the affivadit of support eligibility requirements.

10th Circuit Explores "In Furtherance" In Connection With 8 USC §1324
In US v. Hernandez, No. 02-2072 (10th Cir. Apr. 22, 2003), the court said that the district court erred in concluding that the defendant was not transporting [certain aliens] "in furtherance" of a violation of 8 USC §1324.

Conviction Under NYPL 125.15 Is Not A Crime Of Violence
In Jobson v. Ashcroft, No. 02-4019 (2nd Cir. Apr. 22, 2003), the court said that it agreed with Petitioner that the Board of Immigration Appeals (BIA) erred in holding that he was deportable as an alien convicted of an aggravated felony, since Petitioner's conviction under New York Penal Law 125.15 was not a crime of violence within the meaning of section 18 USC 16(b).

Connecticut 3rd Degree Intentional Assault Is Not a Crime Of Violence
In Chrzanoski v. Ashcroft, No. 02-2531 (2nd Cir. Apr. 22, 2003), the court said that "Because the INS premised its authority to order Petitioner removed on its determination that intentional assault in the third degree [under Connecticut Law] was a crime of violence under [18 USC] 16(a), it committed legal error, and the petition for a writ of habeas corpus should have been granted."

Deal On Housing Immigration Detainees May Soon Close
The York Daily Record of York, PA reports "York County Prison in Springettsbury Township began regularly housing prisoners for the U.S. Immigration and Naturalization Service now a part of the Department of Homeland Security in the mid-1990s. Over the years, the countys rate for a housing a prisoner has gradually risen to $60."

Special Registration INS Detainee Who Lied To His Boss About His Whereabouts Has Happy Ending
The Orange County Register reports "An Iranian national who lives in Anaheim Hills, was taken into custody by the Immigration and Naturalization Service for a decade-old visa violation. The two-day detention he had expected turned into a 2 1/2-month ordeal. When his boss didn't hear from him 2 1/2 months, he hired someone else to do his job...

Attorney listings on ILW.COM are searched 200,000 times/year! Each attorney listed is searched an average of once each day! Just one new client will pay for the entire year's fee! Click here for more info:


Credential Evaluation And Translation Service
American Evaluation and Translation Service, Inc. (AETS) is the industry leader in foreign credential evaluations and translations. AETS provides the most competitive rates in the industry - $50 educational evaluations and $200 work experience evaluations completed by PhD university professors, who have the authority to grant college level credit for work experience and/or training. AETS offers a variety of turn-around times, including same-day educational and work experience evaluations. For a complete list of their prices and turn-around times, please see: Additionally, AETS provides expert translations in over 75 languages, with translators that are specialists in over 80 fields. For a copy of the application for credential evaluation and translation services, please contact AETS at (786) 276-8190, visit the website at, or send AETS an email:

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Letters to the Editor

None today.

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 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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