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Immigrant's Weekly August 20, 2001
Arthur L. Zabenko, Editor
Marc Ellis, Chat Transcripts Editor
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A Note from the Editors:

Without advance notice or ballyhoo the INS has published an interim rule implementing the K-3 and K-4 visa provisions of the LIFE Act. As the INS notes in the commentary the publication of the rule as an interim rule with post-promulgation comments is necessary because eligible aliens have already filed application with INS local offices using the wrong forms and not providing sufficient information for the INS to adjudicate the petitions. The INS will return these forms.

Only spouses of US citizens are eligible for K-3 visas and the unmarried children under 21 of the spouses eligible for K-4 visas. Under the interim rule the US citizen must have filed an I-130 for his/her spouse. An I-129F must then be completed except for section (B)(18) and (B)(19), filed with and approved by the INS. Applications for K-3/K-4 status should be sent to INS, P.O. Box 7218, Chicago, IL 60680-7218. When the I-129F is approved, the INS will notify the consulate specified in the petition. If the marriage took place abroad, the INS will notify a consulate in the country where the marriage took place. If the country does not have a visa issuing post, the visa must be issued at the consulate having jurisdiction to issue immigrant visas to nationals of that country. Aliens applying for K-3/K-4 visas are not exempt from the 3/10 year bar for unlawful presence in the US. After inspection K-3/K-4 nonimmigrants will be admitted for a period of two years. For an extension beyond two years a K-3/K-4 must file an I-539 with evidence an I-485 or immigrant visa has been applied for. They will not be able to change from K status to any other nonimmigrant status in the US. K-3/K-4 nonimmigrants are eligible for work authorization, but will need to file and I-765 along with evidence that they are pursuing the immigration process. Unlike K-1/K-2 nonimmigrants, the K-3/K-4 can travel outside the US and return without filing for advance parole. The rule is effective August 14, 2001, and any written comments must be received by October 15, 2001.

The INS has also published a news release about the regulations implementing the
K-3/K-4 visa.

"A Moveable Feast": New and Old Portability under AC21 105 (Part VII)
Angelo A. Paparelli and Janet J. Lee in the sixth of their articles on H-1Bs discuss revocation of the LCA.

DOL Promulgates Conversion Regulation to Expedite Labor Certification Applications
Cyrus D. Mehta writes about the Department of Labor's final rule allowing employers with pending "traditional" labor certification applications to convert them into "fast-track" reduction in recruitment (RIR) applications while preserving the earlier filing date.

Second Circuit DWI Decision Prompts Strong Dissent
Carl R. Baldwin writes about the recent second circuit decision in Dalton v. Ashcroft, No. 00-4123, (2nd Cir. July 20, 2001).

Debate Continues over Legalization Proposals
Greg Siskind and Amy Ballentine write about the ongoing discussion of the Administration's legalization proposal. .

The Making of a Melting Pot: Irish Immigration to America From 1700 to the early 1800s
The American Immigration Law Foundation writes that Irish immigration to America represented the first mass immigration to the US and set the stage for all future immigrating ethnic minorities; reflecting on their experiences brings insight to the challenges facing today's twentieth century immigrants.

ILW.COM Highlights

Immigration Information on ILW.COM

To make it easier for our site visitors to find the immigration information they need we have grouped it under four headings - Family, Employment, Visitors and General information. Each section includes INS and Attorney FAQs, relevant articles, the visa bulletin and INS processing times. The Family section includes information on adoption, sponsoring family and marrying abroad. In the Employment section professionals can find information about H-1Bs and labor certifications and employers can find information on petitioning the INS for their employees and how to complete properly the I-9 Employment Verification form. Travelers and tourists will find information on how to extend their B-2 visas and exchange programs. The General immigration section includes information for students and topics such as deportation, naturalization and immigration policy. ILW.COM is a platform for the exchange of information. The Immigration Information section offers information for all your immigration

Letter To The Editor

We invite you to write to the Editor at

Dear Editor,

In March of 2000, I married an illegal immigrant in the United States, whom I had been with for over a year. In April of 2000, I filed the I-130 petitioning for my spouse. We were notified in February of 2001, that he needed to go to Juarez, Mexico for his visa interview. That interview was April 17, 2001. He went and was then given a 10 year bar from the United States due to being in the United States longer than one year. Unfortunately, we knew nothing of the 245(i) bill, that was currently active in the United States. He didn't even need to go to Juarez, we could have paid the penalty of 1,000$ and he would still be here. I feel like someone with INS or the Visa center, or anyone who was processing our I 130 should have let us know that he did not have to go to Juarez for that interview. I have appealed the case, and it was denied. I had done all the paperwork exactly how I was instructed by INS, the Visa Center, and the American Consulate. I did not seek legal consultation because they were instructing me. Now, my husband is in Mexico for 10 years, we are expecting our first child in October. Help, what can I do to get my husband home to the United States?. He never broke the law, he just stayed longer than one year, and he was illegal, and went back to Mexico to the American Consulate in Juarez Mexico to get his Visa because that is what we were told to do. We would have even beat the April 20th 2001 deadline of the 245 (i). What should I be doing now? I need my husband home.

Crystal K. Williams Serrano

Dear Editor:

I'm a 19 year old and I have one problem. My parents came here in '89 and stayed longer than they were supposed to then tried to go to Barbados to get their documents and took me and my brother right along. The only thing is they didn't give us the documents so we all had to come up here after a year and a half away from this country and come back the "wrong" if you know what i mean.

What my parents are clamoring for is an amnesty, in the mean while I cant travel to China or do the things I'd like without proper documentation, you know. I was thinking is there a way I could go to court and get independence from them and state that I had no choice in my parents bad choices, I was too young to know of the risk and now I'm in a situation I don't want to be in. It seems every little chance there is it doesn't pertain to us and its harder for us because we came in the wrong way the second time.

I can't even speak to my parents about this 'cause they don't want to tell me anything but don't worry. But I am worried and I want more answers. If there is something I could do like filing for independence from parents, or marrying a US citizen please tell me.

I really need help. I'm in this position cause I'm their child. Thats not fair and I'd like to know what I can do to get my citizenship. Please help.

Thank you,

Immigrant Life

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To read more about the proposal, go to,0726-Siskind.shtm.

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This Week's Chat Schedule:
When Attorney
Mon., August 20
9:00 pm Eastern Time
Mira Mdivani
Wed., August 22
9:00 pm Eastern Time
Barry Lieber

ILW.COM carries classified ads for immigration related positions. $100 for single insertion, payable in advance. Contact us for details. We reserve the right to refuse any ad and to make minor editorial and formatting changes. Send to

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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. Copyright 2001 American Immigration LLC, ILW.COM. Correspondence to Letters may be edited and may be published and otherwise used in any medium.