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Immigration Daily October 1, 2003
Previous Issues
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Editor's Comments

2002 Immigration Statistics Highlights

The Office of Immigration Statistics of the Department of Homeland Security released the complete 2002 Yearbook of Immigration Statistics, the first edition of the Yearbook published under the auspices of the DHS. The 253 pps. report, chock-full of interesting statistics, can be found below. The highlights are as follows:

  • Legal immigration in 2002 (1,063,732) was lower than in 2001 (1,064,318).
  • Thirty-eight percent of all immigrants were born in North America (21 percent in Mexico) and 32 percent were born in Asia.
  • Sixty-five percent of all immigrants intended to reside in six states: California, New York, Florida, Texas, Illinois, and New Jersey.
  • Nearly one of five immigrants intended to reside in New York City or Los Angeles.
  • Refugee arrivals dropped in 2002 by 61 percent to 26,787 from 68,925 in 2001.
  • INS Asylum Officers approved 36 percent of asylum cases adjudicated in 2002.
  • Total nonimmigrant admissions in 2002 (27.9 million) decreased by 15 percent from 2001 (32.8 million). Nearly half were from four countries - the United Kingdom (15.4 percent), Mexico (15.0), Japan (13.1), and Germany (5.0).
  • The largest proportion of H-1B petition workers approved (197,537) was born in India (33 percent); the second largest proportion was born in the People's Republic of China (10 percent).
  • The INS naturalized 573,708 persons in fiscal year 2002; forty-one percent were born in Asian countries, followed by 30 percent from North American countries.
  • California was the intended residence of 26 percent of persons naturalizing, followed by New York with 16 percent.
  • The number of deportable aliens located during 2002 declined 23 percent to 1.1 million.
  • The number of expedited removals declined almost 51 percent; other types of formal removal increased 6 percent.
  • Nearly 71,000 criminal aliens were removed; Mexico lead all countries of nationality with nearly 56,000 (79 percent).


ILW.COM Focus

Curriculum For "Immigration For The Spirit, Body, And Soul: Entertainers/Artists/ Athletes, Chefs/Cooks, Religious Workers"

The curriculum for "Immigration For The Spirit, Body, And Soul: Entertainers/Artists/ Athletes, Chefs/Cooks, Religious Workers" is as follows:

FIRST Phone Session on August 27:    Entertainers, Artists and Athletes

1. The Non-Immigrant Categories

  • O-1 Individuals of Extraordinary Ability
    • Meeting the evidence tests to show one is "extraordinary"
    • Dealing with peer group consultations
    • Special standards for motion picture and television productions
    • Dual intent issues
  • P Visas for Performing Athletes and Entertainers
    • When to file a P-1 case instead of an O-1
    • Special rules for circus performers
    • Dual intent and consultation issues
    • P-2 visas for performers using exchange programs
    • P-3 visas for culturally unique performer
  • Q-1 visas for Cultural Exchange Visitors
  • Other potential NIV categories for artists and entertainers

2. Immigrant Visas

  • EB-1 Extraordinary Ability in the Arts and Athletics
  • EB-2 National Interest Cases
  • EB-2 Schedule A, Group II Cases for Exceptional Ability Applicants
  • Other potential IV categories for artists and entertainers

SECOND Phone Session on September 15:    Hospitality Workers

1. Non-Immigrant Options for Chefs, Cooks and other hospitality workers

  • B-1 visas for domestic employees
  • E-2 visas for owners, executives, managers and specialized employees of foreign-owned hotels and restaurants
  • H-1B visas for management level chefs and hospitality management employees
  • H-2B visas for temporary and seasonal employees
  • J-1 trainees
  • L-1 intracompany transfers
  • O-1s for outstanding chefs and distinguished managers
  • TN visas for hotel managers
  • H-3 trainees

2. Green Card Options for Chefs, Cooks and other hospitality workers

  • EB-1 Multinational Managers
  • EB-1 Extraordinary Ability chefs and manager
  • Labor Certifications for "foreign specialty" cooks and chef and hospitality management employees

THIRD Phone Session on October 9:    Religious Workers

1. R-1 Nonimmigrant Religious Workers

  • Key requirements
  • What is a religious denomination?
  • What types of religious workers qualify?
  • The 501(c)(3) requirement
  • Experience requirements
  • The application process
  • Dual intent issues
  • Pay requirements

2. EB-4 Immigrant Visas for Religious Workers

  • Key requirements
  • How does the EB-4 category differ from the R-1 visa?
  • Can volunteers qualify?
  • What types of religious workers qualify?
  • How can a church show it has the ability to pay?
  • The application process
  • Sunset provisions

3. Other possible strategies

The deadline to register is Thursday, September 11th. For more info, including detailed curriculum, speaker bios, and registration information, please see: http://www.ilw.com/seminars/august2003.shtm. For the fax version, please see: http://www.ilw.com/seminars/august2003.pdf


Featured Article

Mismanagement Of A Bad Policy Leaves Asylees In No Man's Land
Walter A. Ewing of AILF writes "It has become abundantly clear that the annual cap on the number of asylees who may receive lawful permanent residence is seriously undermining the original intent of Congress as expressed in the asylum provisions of the Refugee Act of 1980 and the Immigration Act of 1990."


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

DHS Releases 2002 Yearbook Of Immigration Statistics
The 2002 Yearbook of Immigration Statistics presents information on migrants who apply for different legal statuses, immigration law enforcement activities, and the size of the resident unauthorized alien population.

OIA Releases Affirmative Asylum Procedures Manual
The Asylum Division of the Office of International Affairs released its affirmative asylum procedures manual (163 pps.).

DOS And DHS Reach Agreement On Visa Oversight Rule
The Department of State and the Department of Homeland Security announced that under this agreement, the DOS will continue to manage the visa process and the foreign policy of the US. DHS will establish and review visa policy, and ensure that homeland security requirements are fully reflected in the visa process.

EOIR Says Coercive Population Control Policies Asylees Eligible For Full Asylum Benefits
The Executive Office for Immigration Review of the Department of Justice announced that notices have been sent to those individuals in the US with conditional grants of asylum based on resistance to a coercive population control program who now are fully eligible for all asylum benefits. See here for the press release and fact sheet.

BCIS Resumes I-600 Processing In Guatemala
The Bureau of Citizenship and Immigration Services announced that BCIS-Guatemala resumed processing applications for adoption and emigration of orphans.

Senate Hearing Testimony On Visa Issuance
The Senate Committee of the Judiciary held a hearing on visa issuance and received testimony from DHS Under Secretary Hutchinson.

BALCA Says Lack Of Altruism Is Not Lawful, Job Related Reason For Rejection Of US Worker
In the Matter of DC Sports, No. 2003-INA-195 (BALCA, Sep. 3, 2003), the Board of Alien Labor Certification Appeals said that a US applicant's failure to be motivated by altruism in his quest for the job was not a lawful, job-related reason for rejecting him.

BCIS Defends Contractor-Operated Call Center
GovExec.com reports "The Bureau of Citizenship and Immigration Services on Monday defended its expanded use of a national call center, staffed mostly by contract employees, to answer questions about immigration benefits and applications."

Ghanian Boy Sent Unaccompanied To US May Be Deported
The Philadelphia Inquirer reports "A federal appeals court panel yesterday affirmed that immigration officials may deport a 13-year-old Ghanian boy whose father put him unaccompanied on a flight to New York three years ago."


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Letters to the Editor

Dear Editor:
As an immigration attorney, I have had the privilege of helping many immigrants become American citizens. Based on my experience, it appears that Mr. Schwarzenegger may have committed fraud and a serious violation of the law in the process of obtaining his citizenship. The Oath of Allegiance one takes immediately prior to becoming a naturalized US citizen contains the following language: "I hereby declare, on oath, that I absolutely and entirely renounce and abjure all allegiance and fidelity to any foreign prince, potentate, state, or sovereignty, of whom or which I have heretofore been a subject or citizen; ...that I take this obligation freely, without any mental reservation or purpose of evasion, so help me God." It appears that Mr. Schwarzenegger actively took steps to retain his Austrian nationality at the same time that he took an oath forswearing any allegiance to his native country, thus apparently committing fraud when he became a naturalized US citizen. As recently reported (San Francisco Chronicle, "Schwarzenegger possesses rare dual citizenship", August 18), the former governor of Mr. Schwarzenegger's home province in Austria stated that it was Mr. Schwarzenegger's "express wish at the time to be allowed to keep his Austrian citizenship". The governor further acknowledged the he had helped Mr. Schwarzeneggar to retain Austrian citizenship at the request of Mr. Schwarzeneggar, thus becoming a "dual national", a status rarely allowed in Austria. An applicant for naturalization is required to establish that "it is his or her intention, in good faith, to assume and discharge the obligations of the oath of allegiance..." The importance of this legal requirement is underscored by the fact there are several Supreme Court denaturalization cases which involve lack of appropriate "state of mind" at the taking of the oath of allegiance. The Supreme Court has stated that an applicant's conscious withholding of the allegiance promised in the oath is tantamount to fraud. While dual nationality is recognized in the US under some circumstances, lying on a naturallization application is a crime.

Kip Evan Steinberg, Law Offices of Kip Evan Steinberg
San Rafael, CA

Dear Editor:
I just finished reading Mr. Alan Lee's article entitled, "The Next Amnesty? Can You Prepare For It?" on ILW.COM. As always, the flaw in every immigration bill is the fact that they pander only to illegal aliens, and not those who are only temporarily legal. To be very specific, my son, now 21 years old, has been living in the US legally for 20 years. He is still legal, since his I-94 (as a dependent E-2 recipient) expires in April 2004. But because of the length of time he has spent in the US and because I was denied when I applied for an E-13 immigrant visa (although I have retained my E-2 visa) because the INS claimed that my business was too small, having only $400,000 in net equity at the time of my application, we already know that my son will be denied when he applies for an adjustment of status to F-1 before his I-94 expires next year, because the past will show "immigrant intent". So if H.R. 2899 passes while my son is legal, then he is not covered, and gets left out in the dust to fend for himself as an illegal alien, when all he has done is to obey the law for the last 20 years. Do you see the utter stupidity of the people who draft these immigration bills? I have been an investor and have provided jobs to Americans for over 20 years, and yet my family is not welcome as permanent residents in this country. My son, a senior at U.C. Berkeley majoring in Math and minoring in Computer Science, has always been a 4.0 student until now, when his GPA finally dropped to 3.8 as a result of his worries over his legal status. Consequently, I just this week managed to convince my son for us to give up the fight, and to move to Canada with us early month, where he has been accepted for late enrollment into Canada's top university, after explaining to the admission officials how unreasonable the US government, and US Immigration are. This is a perfect example of how America's failure to act fast, and act correctly, continues to result in America's loss and in the gain of another country. I do not discount the possibility that someday in the distant future (and maybe in the very near future), great grandchildren of members of Congress will be looking to immigrate to Australia, Canada, Norway, or some other country, simply because their great grandparents did not do what was right.

M.M.


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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