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Immigration Daily October 2, 2003
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Editor's Comments


Thanks to our eagle-eyed readers for pointing out our link errors on two of the items that appeared in yesterday's Immigration Daily issue. The corrections have been made on our site. Unlike the three giants of immigration law publishing - West, Bender, and AILA - we are just a six-member team. Due to the pressure of daily production deadlines, we are not always able to produce a perfect Immigration Daily issue. In a sense, Immigration Daily is a community effort because we count on our readers to help us spot mistakes. Thanks to your help we can keep Immigration Daily content accurate.


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Featured Article

No College Degree, No H-1B - NOT! Substitutes For Formal Education
Alice Yardum-Hunter writes "Fret not those who never complete, or ever step foot in a US or overseas college, for BCIS regulations permit even those informally educated to be H-1B caliber."

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Immigration Law News

BCIS Introduces Revised N-600 And New N-600K Forms
The Bureau of Citizenship and Immigration Services revised Form N-600, Application for Certificate of Citizenship, and introduced a new form, Form N-600K, Application for Citizenship and Issuance of Certificate under Section 322. The new N-600K Form replaces Form N-643 and Form N-600/N-643 Supplement A, which have been withdrawn.

Additional Senate Hearing Testimony On Visa Issuance
The Senate Committee on the Judiciary Subcommittee on Immigration, Border Security and Citizenship held a hearing and received testimony from the following: Mr. John Brennan, Director of the Terrorist Threat Integration Center; Mr. Larry Mefford, Assistant Director Counterterrorism Division of the Federal Bureau of Investigation; Mr. William Parrish, Acting Assistant Secretary for Information Analysis, Department of Homeland Security. Sen. Chambliss (R-GA) provided member statements.

New EOIR Deputy Director Appointed
The Executive Office for Immigration Review (EOIR) announced that Kevin A. Ohlson has been appointed by the Attorney General as EOIR's Deputy Director, effective September 21, 2003.

DOJ Moves To Revoke US Citizenship Of Alleged Former Nazi Guard
The Department of Justice moved to to revoke the US citizenship of a Racine, Wisconsin resident for participating in acts of persecution against civilians, including a notorious massacre of some 7,000 Jewish prisoners in Nazi-occupied Poland.

8 USC 1226(e) Does Not Authorize Indefinite Detention Of Inadmissible Aliens
In Martinez-Vazquez v. INS, No. 03-35026 (9th Cir. Oct. 1, 2003), the court said that former 8 USC 1226(e) did not authorize the BCIS to detain inadmissible aliens indefinitely.

Forced Sterilization Omission From I-589 Application Supports BIA's Lack Of Credibility Determination
In Wong v. Ashcroft, No. 02-4375 (3rd Cir. Sep. 29, 2003), the court said that the Board of Immigration Appeals could rightly consider the omission of forced sterilization in Petitioner's I-589 application as evidence of lack of credibility.

BALCA Limits Joyful Manor
In the Matter of Norma Diamond, No. 2002-INA-122 (BALCA, Sep. 4, 2003), the Board of Alien Labor Certification Appeals said that "Employer evidently chose to limit its recruitment efforts to an undocumented series of phone calls. Limiting its effort in this manner made it susceptible to challenge for lack of adequate documentation." In this decision, the BALCA limited the Joyful Manor line of cases to compelling instances of unfairness under other circumstances.

Rep. Trancedo Opposes Guest Worker Visas provides the transcript of a recent interview with Rep. Tancredo (R-CO) about his opposition to unfettered immigration and guest-worker visas.

Immigration Is Hot Topic In California ReCall
The San Jose Mercury News reports "In a state without a racial or ethnic majority, immigration is a hot-button election topic that is inextricably linked with many other issues confronting Californians."

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Books - 8 CFR, Includes 2003 BCIS Changes
We are pleased to announce that the latest edition of the Immigration & Nationality Act (INA) is now available. This reference tool is invaluable while writing to the INS about a RFE or preparing a petition. Attorneys have been using the exhaustive topic indices in the 8 CFR Plus and The Whole ACT - INA (Annotated) to do just that for years. Whether you are a seasoned practitioner or a less experienced attorney entering the immigration law field, these books are a must-have. We are currently offering an Internet-only special price of $259 for our 4 book set (MSRP $299). For information on our various publications, see here. (A Supplement is provided Free of cost updating the 8 CFR Plus as of June 1, 2003. All BCIS related changes have been included in this Supplement as well as a complete index to ALL 8 CFR Sections updated as of June 1, 2003.)

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Letters to the Editor

Dear Editor:
Justin Randolph's letter of 9/25 misleadingly attempts to portray limited immigration advocates as a small, out of the mainstream group and that we should listen to the "regular folks in the middle". To the contrary, it is the excessive entry crowd that is the minority according to polls and it is only because of organized, vested interests including money that we have the present immigration problems. This is rapidly changing as many "regular folks" are experiencing the harmful effects of the entry invasion. You can't get much more regular or "in the middle" than the Eggle family whose son was killed by an illegal border crosser. Regular Americans Tom DeWeese and Phyllis Schlafly discuss their concerns with illegal immigration at: (and) Unless the real, middle America begins to be listened to, rather than the special interests, the future of America can be seen in the present turmoil of California. Here, illegal and excessive immigration affects virtually aspect of the people. California taxpayers spend up to $10 billion a year on education, health care, and other services for illegals. Sprawl and congestion is everywhere. Schools are bulging with students, and many don't speak English. Hospitals are going broke. Crime is rampant. Unemployment remains high, and illegal aliens are taking jobs away from American citizens, especially black Americans. Hundreds of thousands of native Californians are leaving the state because of the never-ending taxes to pay for the millions of very poor and uneducated people invading the state, and because the state they grew up in has become another country. Friction among the many cultures is growing with people predicting in letters to newspaper editors and on radio talk shows that a civil war may erupt. This is the future of continued, unlimited immigration unless the voices of truly, regular Americans are heard.

R. L. Ranger

Dear Editor:
I simply have to respond to Kip Evan Steinberg's letter to the Editor which accuses Arnold Schwarzenegger of committing "fraud and a serious violation of the law in the process of obtaining his citizenship" as well as violating his Oath of Allegiance to these US by taking steps to prevent his Austrian citizenship lapsing when he became and American. While I do not claim expertise in Austrian property law, we looked to it as a model when the former Czechoslovakia tried to de-socialize it's legal and property rights system (I worked at the Federal Finance Ministry in 1991). Until recently, my wife, a Czech citizen, was very concerned that she would lose all rights to inherit property should she become a US citizen. When the ministry explored scrapping this odious provision of then Czechoslovak, later Czech law, we were referred to the Austrian legal system, as an example of a respectable country that had similar legal impediments to the "expropriation of the national patrimony". Laws preventing foreigners from owning land are a powerful reason why many in the immigrant community retain dual citizenship, even though they have transferred their primary allegiance to this country. The US has traditionally not recognized the legitimacy of foreign citizenships, but has done nothing to stop them or to declare the incidents of foreign citizenships, like passports, invalid, because it has been the US' longstanding policy not to prevent Americans from owning property abroad. If dual citizenship were invalid per se, as Mr. Steinberg asserts, why is the Wilson Treaty between the US and Czechoslovakia one of the few that expressly prohibits dual citizenship and why was that provision expressly dropped in the successor treaty finally negotiated between the US and the Czech Republic during the Clinton Administration? The language of the citizenship Oath is important. "I hereby declare, on oath, that I absolutely and entirely renounce and abjure all allegiance and fidelity to any foreign prince..." Often the only reason immigrants keep their papers is to avoid having them rob us of our property or freedom to visit our relatives. There is nothing wrong or inherently unpatriotic about keeping a second set of papers when it is inferior to the American and was acquired prior to the acquisition of American citizenship. In fact, Canadian immigration authorities have expressly assured me and my family that my holding two passports has been addressed by the US Supreme Court and allowed, since I was a minor at the time of my naturalization. However, to set aside any concerns Mr. Steinberg may have, I suggest that he ask "Mr. Schwarzenegger" whether he would comply with the draft if war broke out between the US and Osterreich. For my part, I can assure Mr. Steinberg that I would help burn down Thames (now called Toronto), my birthplace, a second time if called upon to do so by appropriate American authorities if war broke out between us and the British Empire after a 189 year hiatus.

Name Not Provided

Dear Editor:
The link for news item b in today's Immigration Daily appears to be incorrect - it takes you to the coercive population memo, not the affirmative asylum document.

Helen L. Parsonage, Senior Paralegal at the Mackenzie Law Firm
Winston-Salem, NC

Editor's Note: The item has been corrected. Please see Editor's comments above.

Dear Editor:
Please note that there appears to be an error in today's Immigration Daily for the headline entitled, "OIA Releases Affirmative Asylum Procedures Manual". The header and the link associated with it are incorrect. The link pulls up the Press Release regarding the CPC cap and the most current date for full asylum benefits.

Name Not Provided

Editor's Note: The item has been corrected. Please see Editor's comments above.

Dear Editor:
Thank you for providing Immigration Daily. It appears that the link for the heading "BCIS Resumes I-600 Processing in Guatemala" is unrelated to the heading. Could you please check the link and provide me with the news release that relates to that heading? Thank you ILW.COM for your excellent service.

Jennifer Clay

Editor's Note: The item has been corrected. Please see Editor's comments above.

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Marc Ellis, Gary Endelman

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