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Immigration Daily May 9, 2003
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Editor's Comments

No Offense Taken

A letter to the Editor today says, in part "It appears that ILW.COM chose to ignore my letter attached below, and mentioned only the 3 ones that you published in today's Immigration Daily. If I said anything that offended you, I apologize. I will continue appreciating your effort in informing the public." We thank the writer for the kind words (apparently what happened in this case is that the original email never reached us). We would like to take this opportunity to clarify our current Letters to the editor policy.

Writers should not be concerned about offending us with their opinion. Yes, we do impose minimal standards in reviewing our Letters, i.e. - no barnyard language is permitted, we do ask that you stay on-topic on immigration, no copyright infringements is permitted, please refrain from ad hominems, etc. But beyond these basic standards, we do not police the substantive opinions that are expressed. Our correspondents can and do criticize us; critique the words or actions of government departments, Congressional representatives, or criticize the opinions of another Letter to the editor. Praise is of course welcome. Honest disagreement, expressed peacefully, is a good thing because it can help people of varying opinions understand a differing point of view a bit better. Immigrants are attracted to America because of its freedoms - both economic and political - and free speech is an integral part of this. In the 3+ years that we have been in publication, we have published about 90% of the Letters to the Editor we have received. We trust our readers will continue to share their views on immigration law related matters with other readers.


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Featured Article

The Interplay Between The H-1b And L Visa In Today's Economic Downturn
Cyrus D. Mehta writes "If there is a rebound in the economy, it is important for employers to have several visa options to bring the best and brightest from all over the world. This policy would doubtlessly enhance America's productivity and competitiveness, which in turn will create more jobs for US workers."

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Immigration Law News

New Visa Classification Created For 9/11 Victims
The Department of State sought issued an interim rule with request for comments creating a new visa classification "SP" for certain immigrant victims of the September 11, 2001 terrorist attack to file petitions for classification as special immigrants and sets forth the eligibility requirements for the issuance of an immigrant visa in that category, effective May 8, 2003.

Secretary Hutchinson Says Technology Will Be Used To Get Job Done
During a speech presented before the Economic Development Administration's Annual Conference, Secretary Hutchinson discussed several of the intitatives currently underway in the DHS relying on technology and information including SEVIS, online e-filing of immigration forms, VISIT system.

BCIS Concurs With General Counsel
A memorandum from the Acting Associate Director, Operations at the Bureau of Citizenship and Immigration Services to all BCIS regional directors concurs with the general counsel's position regarding the employment authorization and employment authorization documentation of aliens granted asylum.

INS's Negligent Mishandling Of Diversity Visa Application Does Not Trigger Equitable Estoppel
In Markowski v. Ashcroft, No. 02-2953 (3rd Cir. May. 7, 2003), the court in denying Petitioner's petition for review of the Board of Immigration Appeal's (BIA) order, said that "There is no question that the INS failed to process his initial adjustment of status application in a timely fashion, and failed to notify him of his eligibility for adjustment of status despite having his correct address on file throughout this matter. However, none of this conduct is sufficient to trigger equitable estoppel." The court said that the Petitioner had not provided any evidence of affirmative misconduct and in its conclusory paragraph said, "we suggest that personnel supervising and handling immigration matters take greater care in processing visa applications and other matters so that similiar unfortunate situations such as this do not arise."

No Abuse Of Discretion
In US v. Issa, No. 01-4142 (3rd Cir. May. 7, 2003), the court said that the district court did not abuse its discretion when it denied Defendant's motion to downward depart.

Questioning Conducted In Close Confines Of Bus Does Not Violate 4th Amendment
In US v. Angulo-Guerrero, No. 02-3486 (8th Cir. May. 8, 2003), the court said that inspection conducted in the close confines of a bus did not violate Defendant's 4th Amendment because "There was simply no evidence that passengers would be detained if they refused to answer the [INS special agent's] questions."

Citizenship For Noncitizen Active Military Personnel Legislation Is Passed
The Washington Times reports "The bill reduces from three years to one year the amount of service required in the armed forces before one can apply for citizenship under existing rules."

Scheme To Impersonate Dead Man For Citizenship Benefits Is Thwarted
The New York Times reports "A chinese immigrant was convicted yesterday of making false statements on passport and immigration forms in what prosecutors described as an elaborate scheme to impersonate a dead man."

Recent Landing Of 15 Cubans Sparks Debate About US Immigration Policy
The South Florida Sun-Sentinel reports "The landing of 15 Cubans in South Florida in the past two days has again brought up debate about U.S. immigration policy, which automatically allows illegal migrants from the communist nation to stay while those from other countries face many legal hurdles."

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Help Wanted: Government Relations Manager
Aiesec United States, Inc. is a non-profit organization that coordinates paid international internships for college-aged students in 85 member countries. The Government Relations manager position is based in New York, NY and will be responsible for issuing and maintaining all paperwork required to issue the J-1 training visa for incoming exchange participants. This position requires ensuring J-1 regulatory compliance for its central administrative office and 40 additional locations comprised of student volunteers for more than 1000 exchange visitors. Train volunteers on all aspects of J-1 compliance at national conferences. Maintain regular contact with the Department of State, related government agencies and lobbying organizations in Washington DC. Experience issuing the J-1 training visa + managing visa compliance is required. Bachelor's degree and a high level of organizational skills are essential. Experience as a J-1 Responsible Officer or Alternate Responsible Officer in a similar exchange program is preferred. Applicant must be a US citizen. E-mail resume and cover letter to

Help Wanted - Experienced Paralegal
The Boston office of Hale and Dorr LLP is seeking an experienced Immigration Paralegal. Principal duties will include the preparation of employment-related immigration filings including all non-immigrant employment petitions (e.g., E-1, E-2, H-1B, L-1, O-1 etc.), labor certification and permanent residency applications, foreign residency requirement waiver applications and J-1 practical training program applications. Candidates must have a bachelors degree, 6-10 years of related experience (large firm or boutique experience preferred) and advanced writing, research and technology skills (IRISPro desired). We offer a competitive salary and generous fringe benefits package. Send cover letter and resume to:

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Letters to the Editor

Dear Editor:
No one could fault ILW.COM for a rare technical error and the marvel is that Immigration Daily usually is without such. Of more concern to limited immigration advocates is the continual and deliberate portrayal of our clearly stated position of limited, selected and allocated entry as anti-immigration, seemingly for the purpose of "demonization". This type of editorializing and "grasping at straws", attempting to rationalize a dubious, contrived case for excessive immigration seems to be the thrust of the Billie Gray letter of May 8th who comments upon your editorial "leap in reasoning". He was not referring to your technical error, but to your philosophical one in concluding by supposition that the unclaimed SS funds can in large part be attributed to illegals. Even to the extent that this may be true, the callous position that these funds benefit US at their expense, only displays another of many deficiencies of the "pro" immigration position. Other numerous negatives of mass migration are likewise glossed over or ignored by the "pros", but cannot be by citizens who must bear the realities of the imposed burdens. These include social, financial, cultural, resource, destabilization, sovereignty, political, lifestyle, security and other costs. These advocates never mention the proclaimed separatist positions of many radical groups who have not assimilated and have no allegiance to America. Your recent mention of Hispanics contribution to the Special Operations forces in the Iraq war (with your taunt to limited advocates and their assumed "hostility") is another example. This scenario/contribution would not be precluded under more reasonable and limited immigration policies. The latter would eliminate many of the negative aspects of present excessive entry practices while preserving most of the positive ones. The immigration problems and controversies we face today cannot, for the most part, be attributed to our historically generous, but limited, policies but rather to those who take advantage of them beyond reason for their own purposes.

R. L. Ranger

Dear Editor:
I would just like to say that I really enjoy Marian Smith's historical perspectives on various aspects of immigration law: the one on the naturalization of women and more recently the series on naturalization, citizenship and the lack of uniformity with regard to race and nationality. I am trying to figure out, though, how the series runs. The last one I read was April 28 - part 2 of 8. Could you tell me with what frequency the subsequent parts will appear?


Editor's Note: Marian Smith's Race, Nationality, and Reality 8-part series is appearing for eight weeks in each Monday's edition of Immigration Daily, beginning April 21, 2003.

Dear Editor:
It appears that ILW.COM chose to ignore my letter attached below, and mentioned only the 3 ones that you published in today's Immigration Daily. If I said anything that offended you, I apologize. I will continue appreciating your effort in informing the public.

I agree with you that 250 billion dollars is alot of money. I also believe that is why the government keeps quiet about the millions of illegal immigrants. It is because that much money does not need to be counted with the ones to be paid back to the retired Americans, necessarily. They can use it to do whatever they feel like such as tax breaks, etc...

When you mentioned: " just to point out the enormity of the numbers. Lets see what a quarter trillion means - it means $250 million million " I noticed a possible typo. I would like to help with the math that 1/4 trillion is 1 trillion divided by 4 or 250 billion. In that case 250 billion is the equivalent to 250 million times a thousand or 250 thousand times a million. In case that you were trying to say 250 trillion dollars, in that case it would be right : 250 million X 1000 X 1000 = 250 million X 1 million or 250 million million = 250 trillion.


Editor's Note: Please see Editor's Comments above.

Dear Editor:
Here are the results of the Margaret W. Wong & Associates immigration survey which we had written to you about on April 10, 2003.

Margaret W. Wong

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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