A Note from the Editors:

Activity In Summertime

Ordinarily, summertime sees precious little happening in Congress, whether on immigration or otherwise. This summer appears to be different. Congress just passed into law the Administration's negotiated agreements with Singapore and Chile, both of which affect H visas, reducing by about 10% the total number of Hs available to other countries. With the cap set to reduce to just 65,000 in less than 2 months, the additional reduction due to the Chile/Singapore agreements may mean that the H cap may be hit just a few months after October. We understand that similar agreements may be in the works with Australia and Morocco, and the impact on the H visa certainly bears watching. On another front, there has been a flurry of activity on L visas on the Hill, with a hearing concluded in the last week of July. Further developments on the L visa, leading to various forms of restrictions on their use, may well be in the offing. Immigration Daily will continue to cover Hs, Ls, and all immigration-related developments on the Hill.

We welcome readers to share their opinion and ideas on this topic with us by writing to weeklyeditor@ilw.com.

Articles

Refugee Women At Risk: Part 2 of 4
Eleanor Acer et al. of the Lawyers Committee for Human Rights describe how recent US laws have undermined the ability of refugee women to obtain asylum.

Emailing Offensive Joke Mocking Immigrants Leads To Arkansas Official's Resignation
The Times Record of Fort Smith, Arkansas reports "A racially charged e-mail sent to his employees has forced the resignation of Fort Smith native W.R. "Bud" Harper, the state's Office of Emergency Management director."

Move To Restrict L Visa Gaining Momentum, But Unlikely To Totally Succeed
Cyrus D. Mehta writes ""Perhaps, instead of restricting visa categories, it would be preferable to broaden them to allow US corporations to hire workers in the US."

DOJ Suspends International In-Transit Program
The Department of Homeland Security and the Department of State suspended two programs that allow certain international air passengers to travel through the US for transit purposes without first obtaining a visa. The Transit Without Visa program (TWOV) and the International-to-International transit program (ITI) have been suspended, effective 11:00 a.m., Saturday August 2, 2003.

EOIR Announces Disciplinary Actions Against 6 Attorneys
The Executive Office for Immigration Review (EOIR) of the Department of Justice has taken disciplinary action against six attorneys after charging them with violations of the rules of professional conduct for immigration practitioners.

Mariners Experience Tougher Visa Rules Post 9/11
New York Newsday reports "[Phone] cards have become lifelines for foreign crew members on the ships, who are finding it difficult to navigate tough post-Sept. 11 immigration procedures to get visas for shore leave, according to maritime officials, clergy and lawyers."

DHS Issues Final Regulations On Non-Immigrant Health Care Workers
Gregory Siskind writes "The Department of Homeland Security has issued long-awaited final regulations governing health care workers on non-immigrant visas."

Testimony On Bill To Obliterate L Visa
The Senate Committee on the Judiciary Subcommittee on Immigration and Border Security held a hearing on "The L1 Visa and American Interests in the 21st Century Global Economy" and received testimony from the following individuals: Ms. Patricia Fluno, Former Siemens Technologies employee, Siemens; Mr. Michael Gildea, Executive Director, Professional Employees Section, AFL-CIO; Beth R. Verman, President, Systems Staffing Group, Inc. on behalf of National Association of Computer Consultant Businesses (NACCB); Daryl R. Buffenstein, Global Personnel Alliance; Austin Fragomen, Managing Partner, Fragomen, Del Rey, Bernsen & Loewy, PC; Stephen Yale-Loehr, Adjunct Professor of Law, Cornell Law School.

Immigration Judge Placed On Leave For Alleged Quip
The Boston Globe reports "A Boston immigration judge was placed on administrative leave yesterday after complaints that he made jokes about Tarzan to a woman who said she had been raped and tortured in her native Uganda."

Waivers Of Inadmissibility Or Removability: A Primer
Sandy Lipkin, Esq. writes "Since 9-11, lawyers are receiving more and more calls from various people who are having trouble entering the US due to various indiscretions from the past."

Accuser Of Celine Dion's Husband Faces Deportation
The Las Vegas Review-Journal reports A woman who was paid $2 million by Celine Dion's husband to keep quiet about sexual misconduct allegations faces removal proceedings before federal immigration officials who plan to deport Sung to her native Korea.

Guest Worker Policy Win-Win Proposition For Migrants And US
Rep. Jim Kolbe (R-AZ) writes "It is common for those who are depressed with the current economic climate to wax nostalgic about the 1990s. What fails to make it into these recollections is the crucial contribution that immigrants, both legal and illegal, made in this remarkable growth period."

BCIS Extends Liberia TPS Designation
The Bureau of Citizenship and Immigration Services announced a one year extension for nationals of Liberia, effective thru October 1, 2004. See this link for the press statment. See this link for the FAQs.

BCIS On Method Of Handling Customer Service Requests With Pending Applications
The Bureau of Citizenship and Immigration Services released an explanation of the method used by the Customer Service Line (National Customer Service Center) on its handling of service requests from customers with pending cases.

'99 Shoplifting Conviction Leads To Mother's Detention
The Boston Globe reports "Immigration officials said Borges was detained because of a recent US Supreme Court ruling that mandates the jailing of immigrants facing deportation because they have committed crimes. The ruling affects immigrants even if they have already served a sentence and are considered to pose no threat."

Tarzan Immigration Judge, Too Long On Bench
A Boston Globe op-ed writes "Immigrants in Boston are better off now that Immigration Judge Thomas Ragno has been placed on administrative leave."

How Do I Get A Duplicate Approval Notice For My Application Or Petition?
Read a detailed response from the BCIS on how to obtain a duplicate approval notice for your application.

ILW.COM Highlights

Processing Times Updated

California, Missouri, Texas processing times were recently updated.

Letters to Editors

To write to Editors, send emails to weeklyeditor@ilw.com.

Dear Editor:
This is in response to the letter from the undocumented college-bound student. My husband has also recently discovered that he is undocumented after 32 years in this country. His parents brought him to this country at the age of two, and like you, he believed he was a citizen. We have now spent two years following up with the BCIS trying to get his paperwork in order. The uncertainty of our future has caused him both physical and mental suffering which requires him to take medications. I can understand that people want to immigrate to this country to live a better life, but what they don't realize is when they choose to bring their minor children along with them, they too will suffer. I see undocumented children suffering because they are unable to obtain medical insurance because of their undocumented status. These children end up falling through the cracks and are neglected by society and parents who cannot afford to obtain medical treatment for them. My husband, as a child, almost lost his life because his parents were afraid to take him to the hospital when his appendix burst. A friend of the family saw his condition and rushed him to the emergency room just in time. These young children will grow up feeling neglected and may also have problems with anger and frustration. What can be done to help these innocent victims of illegal immigration? The Mexican government has been educating the Mexican people on the dangers of illegal immigration. I also think they need to address the problems they will face once they arrive with minor children. How will the children adjust to our education system? How will parents provide food, clothing, shelter, child care and medical needs for their children? Providing the bare necessities for children can be very expensive. To the unnamed person that wrote the letter to the Editor, I wish you the best and hope that you are able to complete your education. I truly believe that the educated immigrants in this country need to stand up and help those who are unable to help themselves, the children.

PMR

Dear Editor:
I'm an undocumented immigrant who came here when I was 12 under a visitor visa with my sister. My parents passed away so she became my legal guardian. I knew about my status and everytime I'd asked her about filing for my green card she'd say it'll take too long or it was too expensive. As I became an adult I had to leave home because it became too complicated and I felt like she didn't help me out. I now have two born U.S citizen children, I'm still undocumented, and now been living with a U.S citizen boyfriend for over 5 years but he won't marry me. I'm very frustrated because I feel like I have to rely on other people to take care of me and I'm living a dead-end life. I sometimes want to go back to where I came from but fear and not knowing a place I haven't been back for 13 years keeps from going. My boyfriend also won't let me take the kids and I know very well the penalty of taking US citizens out of the country so right now I'm stuck and don't know what to do. Is there any advice you have for me? Any advice will greatly appreciated.

Stuck

Dear Editor:
What universe is Congress legislating for? I've made a cursory reading of [Border Security and Immigration Reform Act of 2003] bill. It commands that the host country provide health care, (but the US does not have a health care system of its own). It states that permanent residence can be gained through a sponsoring employer, but that the beneficiary must be in their home country to receive permanent residence - gutting the employer-employee relationship. I see vast profits for notarios and consulting firms who will not be retrained by practicing law outside the US to resolve the inevitable delays manufactured by a non-cooperative Department of State. The bill also has time limits and limited time periods, both fraught with a slamming door of opportunity and the penalization of those who are waiting an unconscionable time for the decision-makers like State, BCIS, or DOL. A new non-time limited 245(i), without a stay time; a workable and timely unskilled H visa workers program, and a NAFTA like categorization of the whole free trade zone with biometric border-crossing cards would be much more sensible in terms of the real world.

GMM

Immigrant Life

Immigration Weekly Exclusive

Higher Education of Undocumented Immigrants: The Student Adjustment Act:
All Parts Compiled
Lillian Kim presents a discussion on the higher education debate of undocumented immigrants (Parts 1-4, including endnotes).

Have an article or a story that you'd like to share with us? Send your story or article that you feel would be of interest to immigrants 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.

When	Attorney
Monday, Aug 11 7:00 pm Eastern Time	David Cook, Esq.
Wednesday, Aug 13 7:00 pm Eastern Time	Barry Lieber, Esq.
Friday, Aug 15 7:00 pm Eastern Time	Arthur Zabenko, Esq.

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