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Immigration Daily December 2, 2003
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Editor's Comments

Special Registration Suspended

The DHS announced today that the National Security Entry/Exit Registration System (NSEERS) re-registration requirement that mandated aliens to re-register after 30-days and one year of continuous presence in the US will be suspended. However, in place of the previous requirement, the new rule will allow DHS, as a matter of discretion, to notify individual nonimmigrant aliens subject to NSEERS registration to appear for one or more additional continuing registration interviews. The official Federal Register announcement is expected tomorrow. For the press release and the fact sheet on NSEERS issued by the DHS, see below. The NSEERS program was created under the rubric of national security. Given that the NSEERS program has not resulted in even one alien being named as a national security threat, we see the suspension of Special Registration as a positive change in the right direction. We hope that our Executive Branch will find ways to enhance our economic security with increased legal immigration while concurrently enhancing our physical security by finding effective ways of going after Al Qaeda terrorists.


Registration Deadline Is Tuesday, December 2nd

Our December 4th seminar will focus on Info-tech immigration. The agenda is as follows:

  • Establishing Immigration Eligibility for Evolving and Never-Before IT Occupations
  • Helping Aliens with No Degrees and Degree-Mismatches Move into IT
  • Identifying Tips for the Smart-Set in this year's H-1B "Race for the Numbers"
  • Defending Against BICE and DOL/WHD Investigations in the IT Industry
  • Using H-1B and AOS Portability in the Ongoing IT Job-Hopping Escapades
  • Remaking Love Story: Seventh-Year Strategies and Beyond ("Love is Never Having to Say Goodbye")
  • Managing Expectations and Speeding-Up the Processing of Visa Applications and Visa Screening for Country-of-Concern Aliens and Workers with Technology-Alert-List Problems
The deadline to register for this session is Tuesday, December 2nd. For more info. see: (Fax version:

Featured Article

Criminal Law, Eternal Banishment, And Mandatory Detention
Brian Conry, Esq. explains the effect of criminal convictions on aliens after April 1, 1997.

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Immigration Law News

DHS Suspends NSEERS Program
The Department of Homeland Security suspended the National Security Entry/Exit Registration System (NSEERS) re-registration requirement that mandated aliens to re-register after 30-days and one year of continuous presence in the US. For the press release, see here. For the fact sheet, see here.

USCIS Offers Credit Card Payments, Adds Processing Date To Existing Case Status Service
The USCIS announced two new on-line customer service features: credit card payment options for electronically filed applications and the addition of processing date information to the existing case status service.

DHS Seeks Comments
The Immigration and Customs Enforcement sought comments on the nonimmigrant checkout letter, Form G-146; exemption from NSEERS registration requirements. The US Citizenship and Immigration Services sought comments on application to file declaration of intention, Form N-300; request for certification of military or naval service, Form N-426; application for replacement/initial nonimmigrant arrival-departure document, Form I-102.

DOL Seeks Comments On Domestic Agricultural In-Season Wage Report
The Employment and Training Administration of the Department of Labor sought comments on the Domestic Agricultural In-Season Wage Report, Form ETA-232 and Wage Survey Interview Record, Form ETA-232-A.

6th Circuit Sets Limitation Of Detention On Criminal Removable Aliens For "A Reasonable Period"
In Ly v. Hansen, No. 01-3016 (6th Cir. Nov. 26, 2003), in one of first impression for the 6th circuit, the court held that the INS may detain prima facie removal criminal aliens, without bond, for a reasonable period of time required to initiate and conclude removal proceedings promptly. When actual removal was not reasonably foreseeable, deportable aliens may not be indefinitely detained without a government showing of a "strong special justification", constituting more than a threat to the community, that overbalances the alien's liberty interest. The dissent noted that the court set a limitation of detention, but only by a reasonableness standard, without any numerical time limit. The court also noted "while it is true that a removal alien has no right to be in the country, it does not mean that he has no right to be at liberty."

3rd Circuit Reads IJ's Implicit Finding On Credibility And Determines That Remand Should Not Happen Merely In Absence Of Lack Of Explicit Finding
In Chen v. Attorney General, No. 02-4303 (3rd Cir. Nov. 25, 2003), the court said that it should not remand the case merely because the IJ failed to make explicit his lack of credibility finding. The court said that its reading of the record showed that the IJ made an implicit finding that the Petitioner lacked credibility in an asylum case involving a Chinese population control matter.

LULAC Litigation Settled
NBC reports "Undocumented workers who briefly left the United States between 1982-87 can apply for permanent residency under a legal settlement a Latino advocacy group reached with the immigration service."

Special Registration Program Ends
The Boston Globe reports "The Department of Homeland Security is ending a program begun after the Sept. 11 terror attacks that required tens of thousands of mostly Middle Eastern men and boys to register with the government while in the US."

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Help Wanted: Immigration Paralegal
Fragomen, Del Rey, Bernsen & Loewy (FDBL) seeks to hire an experienced paralegal for its Washington D.C. office. FDBL offers a career position requiring a wide range of skills in a fast-paced setting for the right candidate. Our ideal candidate has experience with all aspects of business immigration and will have the benefit of attorney supervision and guidance. Responsibilities include: preparation of all types of immigrant visa petitions, labor certifications (RIR and traditional), adjustment of status and consular processing applications, and preparation of all types of nonimmigrant visa petitions (particularly Hs, Ls, TNs, and Os). Paralegal will manage caseload with large degree of independence, communicate with clients regarding procedural and case processing issues, update and maintain client status reports, prepare bills, and serve as a team resource. FDBL offers a comprehensive compensation package. Fax your resume + cover letter to Allison Bettridge, Office Manager, at 202-371-2898. For additional information, please contact Ms. Bettridge at 202-223-5515. FDBL is an equal opportunity employer.

Immigration Law Books
The successful practice of immigration law depends on having immigration statutes and regulations readily available. Immigration attorneys need look no further than Patel's complete reference library for their primary resource needs. Patel's library consists of (4) books: The Whole ACT—INA (Annotated), 20/22/28 CFRPlus, 8 CFRPlus, and Patel's Citations of Administrative Decisions under Immigration and Nationality Laws. Each book contains a detailed topical index, is annotated and is updated annually to reflect the latest changes in regulations. These four books constitute an indispensable library of primary resource materials for any immigration practitioner. For more information or to purchase these books see here.

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Letters to the Editor

Dear Editor:
Ninfa Luna, Assistant Center Director for Documents of the CIS Texas Service Center, recently sent our State Bar of Texas Committee the following update to share with everyone who might be interested. The Texas Service Center, through a cooperative effort with the Nebraska Service Center, has moved the processing date of preference category I-130s to October 1, 1998 and the processing date of the immediate relative category I-130s to June 25, 2001. This concentrated effort is expected to continue. Preference categories include: U.S. citizen filing for unmarried son or daughter over 21 U.S. citizen filing for married son/daughter over 21 U.S. citizen filing for brother or sister Permanent resident filing for spouse or child under 21 Permanent resident filing for unmarried son/daughter over 21 Immediate relative categories include: U.S. citizen filing for spouse, parent or child under 21. Hopefully this new effort to adjudicate I-130 petitions will alleviate the significant backlogs for these important family based cases.

Paul Parsons, Chairman
State Bar of Texas Committee on Laws Relating to Immigration & Nationality

Dear Editor:
Our firm though your readers might be interested in this TPS suit which was filed in Alexandria, Virginia Federal District Court.

Maria fernanda Rincon

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Editorial Advisory Board
Marc Ellis, Gary Endelman

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