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A Note from the Editors:
Why The Law Should Be Broken
The very existence of the Family-Based "2A" quota cruelly breaks-up nuclear
families. The spouses and young children (under 21) of permanent residents
are heartlessly separated due to the very concept of this quota. The
spouses and children of US citizens are treated completely differently -
these are subject to no quota. What moral basis exists to treat nuclear
families differently? Is the bond between a husband and wife, or between
parent and child, any different when seen in US citizens or green card
holders? It would be better to not give someone a green card at all, then
to force him/her to live away from his/her near and dear ones.
Anti-immigrationists are united in insisting on the sacredness of the rule
of the law in the field of immigration. They insist that those who break
immigration laws are, by that very fact, not worthy of becoming Americans.
Insofar as this applies to those callously separated by the barbarism of
the FB-2A quota, we say - Phooey. It would be more than understandable if
the spouse and young children of a green-card holder overstayed their visas
and became "illegal", or even entered illegally - it would be an entirely
moral thing to do. Those who believe that spouses should live apart, or
that young children should spend years away from their father or mother,
just because a wicked Congress made an arbitrary law, have a warped view of
human nature. If they truly believed that the majesty of the law should be
upheld, they should support the abolishing of the FB-2A quota, since this
inhuman quota undermines any respect for immigration law. As to the point
about the worthiness of law-breakers to become Americans, the
anti-immigrationists would be on sounder ground arguing that those who
choose to *follow* the law and agree to live apart from their spouse and
young children, are not worthy of being Americans.
The pro-immigrationists are largely complicit in this immorality. Advocates
on the Hill are preparing for a major H-1B battle later this year. If the
choice is between the FB-2A concept, or the H visa, we say abolish the H.
We yield to no one in valuing the immense contribution of immigration to
the American economy. But no amount of money is worth condoning the
abomination which is the separation of nuclear families.
Pro-immigrationists can find no worthier cause than in insisting on not
fair, but simply human treatment for the spouses and young children of
green card holders.
Ultimately, the fault - and the choice - is with Congress. Every American
who represents their constituents in Congress needs to ask himself or
herself - is their any basis to giving an alien a green card, and tell
him/her - leave your spouse and young children behind for years? Is this
American? Is this even human? The ball is in Congress's court.
Articles
Race, Nationality, and Reality: INS Administration of Racial Provisions in US Immigration and Nationality Law Since 1898, Part 7 of 8
Marian L. Smith writes "The evidence that INS administrators were dissatisfied with the agency's racial classification systems, shown by the revision of naturalization forms and elimination of Hebrew from the List of Races or Peoples, makes another INS decision of the time appear even more curious."
A Legal Guide For Detainees: Actions Brought Against INS Or Other Law Enforcement Officials For Personal Injury Or Property Damage or Loss: Finale
The Commission on Immigration Practice, Policy, and Pro Bono of the American Bar Association offers a detailed guide (105 pps.) at how to bring actions against INS for personal injury or property damage. This is a compilation of the (3) articles in the series that originally appeared in each Monday's issue beginning in the May 12, 2003 issue of Immigration Daily.
Your Law Firm: A Vehicle for Entrepreneurial Success
Warren Coughlin writes "To get the most from this overview, I invite you to think of your firm as a business that provides legal services and of yourself as the owner of this business, rather than as a professional working in a practice."
E-filing At The BCIS
Gregory Siskind writes a firsthand account describing his firm's efiling experience, including screen shots.
Federal Court Indicts Two In Marriage Fraud Scheme
New York Newsday reports "Two California men are accused of running an immigration scam by arranging fraudulent marriages in Cambodia."
Sen. Lieberman Wants To See Guest Worker Program Accompanied By A Legalization Program
The Tucson Citizen reports "The grandson of immigrants, Sen. Lieberman (D-CT) said he wants to see a guest-worker program accompanied by "a legalization program" for some who have been working illegally inside the US. Shying from the term "amnesty," Lieberman said he supports giving legal status to some illegal workers, but with strict monitoring to prevent fraud."
Disquieting Eighth Circuit Decision on Removal to Somalia
Carl R. Baldwin writes "In Jama v. INS, No. 02-2324 (8th Cir. May 27, 2003) the court approved the removal to Somalia of a man born there, even though the country has no functioning central government that could agree to accept him."
Crossing The Conrad Border: Customary Federal Practice Or Ethical Quicksand For Business Immigration Practitioners?
David Nachman, Esq. writes "While the legal requirements to obtain a Conrad waiver appear to be well-defined, prudent business immigration attorneys must reconcile the ethical issues that inherently arise in connection with the pursuit of a Conrad waiver in foreign jurisdictions."
Security Checks Delay Resettlement Of 20,000 Refugees
The New York Times reports "More than 20,000 refugees approved for resettlement in the US remain stranded in desolate camps in Africa, Asia and the Middle East as officials here continue to struggle to reduce the backlog of required security clearances, State Department officials say."
BCIS Disallows Filing Of Waiver Of The Joint Filing Requirement Prior To Final Termination Of Marriage
Cyrus D. Mehta writes "The new Bureau of Citizenship and Immigration Services (BCIS) within the Department of Homeland Security (DHS) has been issuing several memos to its various personnel advising them to interpret provisions of the Immigration and Nationality Act more restrictively."
How can I apply for benefits under NACARA?
Read the BCIS interim rule for Guatemalans, Salvadorans, former soviet bloc nationals
and their qualified family members.
ILW.COM Highlights
New Seminar
ILW.COM is pleased to announce a new seminar series "Creme de la Creme: Extraordinary, Outstanding, Multinational and Exceptional"
For more info on this phone seminar series, including detailed curriculum, speaker bios, and registration information, please see: http://www.ilw.com/seminars/june2003.shtm. For the fax version, please see: http://www.ilw.com/seminars/june2003.pdf.
Letters to Editors
To write to Editors, send emails to weeklyeditor@ilw.com.
Dear Editor:
The letter from Irit Perla is so sad. Her husband and she had no choice as to where they were born or raised. We all know what their burning desire is today for themselves and their baby. Now, where is the baby going to be raised? I assume the baby was born here in the USA so is a citizen, right? What does our government want them to do: cut the baby in half? The Muslim part go with the husband to live in Egypt and the Jewish half go with the mother to live in Israel. This whole situation is nuts! Maybe this would work: The husband and wife split up, each marry a US citizen... then in a few years divorce and re-marry each other.
Bob Todd
San Jacinto, CA
Dear Editor:
The California Service Center Processing Time report shows that they are processing I-130 applications as of those received on 12/16/2002. I sent in my application in October 2002. Last month, when the processing date was listed as a mid-November date, I sent them a certified letter requesting status from them. They signed for the certified letter -- but never responded. What should I do?
Name not provided
Editor's Note: Try posting your question on our discussion board or join one of our live chats moderated by an immigration attorney.
Immigrant Life
What Is an Apartment
An apartment is a room or set of rooms used as a residence. It can be referred to as a studio (one room), a one-bedroom unit, or a two- to three-bedroom suite. Apartment units are usually grouped together in an apartment building, and these buildings can be grouped together in an apartment complex.
Many apartment homes are available fully-furnished. More commonly, however, units are semi-furnished with kitchen and laundry appliances. Depending on the location and architecture, apartments can have heating and air-conditioning, hot and cold water, fireplaces, patios, carpets, blinds, walk-in closets, and cable television connections.
Continued.
Have a story that you'd like to share with us? Send your story as an immigrant to weeklyeditor@ilw.com.
This week's chat schedule
ILW.COM announces that as of May 2nd, all chats will be held at 7:00 pm Eastern Time.
Classifieds
For information on advertising in the classifieds please click here.
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. Correspondence to weeklyeditor@ilw.com. Letters may be edited and may be published and otherwise used in any medium.
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