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Immigration Daily

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Immigration Daily
Arthur L. Zabenko, Esq., Legal Editor
Nina Manchanda, Esq., Assistant Legal Editor
Marc Ellis, Esq., Chat Transcripts Editor
September 27, 2000
Editor's Comments of the Day
Federal Register News of the Day
Cases of the Day
Congressional News of the Day
Immigration News of the Day
ILW.COM Highlights of the Day
ILW.COM Chats and Discussions of the Day
Letters to the Editor
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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. Correspondence to Letters may be edited and may be published and otherwise used in any medium.

Editor's Comments of the Day

We apologize that due to an inadvertent technical malfunction some subscribers may have received more than one e-mail of the September 26, 2000, issue of Immigration Daily.

R. Blake Chisam was kind enough to forward to ILW.COM an Immigration Judge's decision in a case he argued successfully. At his request we have redacted the name and A number of the respondent. We encourage others to forward to us copies of decisions from Immigration Judges, the Board of Immigration Appeals or correspondence from the INS. Sharing this information can help all of us learn which arguments are successful with the INS and which are not. Send via e-mail to or FAX to 212 563-4438.

ILW.COM has been monitoring the floor debate in the Senate on the H-1B bill and the Latino and Immigration Fairness Act. As of this writing it is unclear when the Senate will take a vote on the matter and whether it will be the "clean" H-1B bill desired by the Republicans or a bill incorporating the measure to extend NACARA and advance the registry date that the Democrats want. IWL.COM will continue to provide complete coverage in the Congressional News of the Day section of Immigration Daily.

Federal Register News of the Day

Fingerprinting Certain Applicants for a Replacement Permanent Resident Card
The INS has issued a rule that amends regulations to clarify that only a person who is applying for a replacement Permanent Resident Card because he or she has reached the age of 14 years is required to be fingerprinted. This change was necessary to correct an error in the regulations and is effective September 26, 2000.

Corrections to National Interest Waivers for Second Preference Employment-Based Immigrant Physicians
The INS has issued several corrections to the "National Interest Waivers for Second Preference Employment-Based Immigrant Physicians Serving in Medically Underserved Areas or at Department of Veterans Affairs Facilities" rule which was previously published in the Federal Register on Wednesday, September 6, 2000.

Correction to Habitual Residence in the Territories and Possessions of the US
The INS corrects the "Habitual Residence in the Territories and Possessions of the US" rule published on Tuesday, September 19, 2000.

Cases of the Day

Court Grants Withholding for Armenian Christian from Iran
In Bandari v. INS, No. 98-71189 (9th Cir. Sept. 26, 2000), the court disagreed with the Board of Immigration Appeals and found that the Immigration Judge had based her adverse credibility determination on impermissible grounds. The court then found that the Petitioner's beating by police for being an Armenian Christian who embraced a Muslim girl in Iran was on account of his religion and not merely breaking the law against public displays of affection. Based on this the Petitioner was eligible for asylum and entitled to withholding of deportation.

[You will need Acrobat to read this file]
Vacated Conviction Not a Conviction for Immigration
The Board of Immigration Appeals in In re Rodriguez-Ruiz, No. A74-726-833 (BIA Sept. 22, 2000), found that a conviction that been vacated did not constitute a conviction for immigration purposes.

Immigration Judge Grants Withholding for Mentally Disabled Man from China
In a recent decision an Immigration Judge found that the mentally disabled Respondent would face discrimination and disparate treatment so severe it would amount to persecution if he were returned to China, and so granted withholding of deportation.

Congressional News of the Day

Sen. Reid Discusses Immigration Bills
Sen. Reid speaks in favor of the S. 2045, the H-1B visa legislation, S. 2912, the "Latino and Immigration Fairness Act," which extends the provisions of NACARA to Salvadorans, Guatemalans, Hondurans, and Haitians and advances the date for registry, and S. 2407, the "Date of Registry Act of 2000."

[You will need Acrobat to read this file]
GAO Report on H-1B Foreign Workers
The General Accounting Office has released its 66 page report titled "H-1B Foreign Workers: Better Controls Needed to Help Employers and Protect Workers." The report contains statistics on the jobs filled and the characteristics of H-1B workers, and recommendations for improvements to the program. (Long Download)

Hmong Veterans' Naturalization Act Amendments of 2000
The House passed H.R. 5234 which amends the "Hmong Veterans' Naturalization Act of 2000" to extend the applicability of that Act to some former spouses of deceased Hmong veterans.

Serious Human Rights Abusers Accountability Act of 2000 Referred to Committee on the Judiciary
H.R. 5285, the "Serious Human Rights Abusers Accountability Act of 2000," a bill that would prevent human rights abusers from being eligible for admission into the US, was referred to the House Committee on the Judiciary.

Markup of the Secret Evidence Repeal Act of 1999
H.R. 2121, the "Secret Evidence Repeal Act of 1999," was amended and passed by the House Committee on the Judiciary and will now proceed to full House.

Serbia Democratization Act of 2000
Rep. Gilman moved to pass H.R. 1064, "Serbia Democratization Act of 2000", to authorize a program to promote the development of democracy in Serbia and Montenegro. This legislation includes the prohibition of entry into the US for certain aliens under section 212(f) of the Immigration and Nationality Act. (relevant text highlighted)

Markup of S. 302, "For the Relief of Kerantha Poole-Christian"
On September 26, 2000, the House Committee on the Judiciary is scheduled to markup S. 302, a private bill "For the Relief of Kerantha Poole-Christian."

Markup of H.R. 5266 "For the Relief of Saeed Rezai."
The House Committee on the Judiciary is scheduled to markup H.R 5266, a private bill "For the Relief of Saeed Rezai" on September 26, 2000.

Rep. Pastor Honors Julian Claudio Nabozny
Rep. Pastor of Arizona highlighted the beneficent acts of one of his constituents, Julian Claudio Nabozny. Mr. Nabozny has initiated and sponsored a program to educate the community on immigration laws and related government services and through the program, over 1,200 individuals received free consultations with attorneys and qualified volunteers, as well as assistance through a handout developed to address common concerns and needs.

Immigration News of the Day

Immigrant Children in Detention Facilities Need Legal Assistance; ABA President Calls for Even More Volunteers reports that after touring a detention center for immigrant children in Chicago, the American Bar Association President called upon the nation's lawyers to help meet the legal needs of indigent immigrants and refugees entering the country. More than 90 percent of detainees lack legal representation and even though many lawyers across the country are providing free legal services, more are desperately needed to keep pace with the growing number of immigrants being detained.

Americans Remain Split on Immigration, but Significantly More positive than in Mid-1990's
According to a new Gallup poll, a majority of Americans continue to think that the present level of immigration in this country should be either kept as is or increased, a marked change from attitudes in the mid-1990s when almost two-thirds of Americans thought immigration should be decreased. Attitudes about other immigration issues are mostly positive, but there is a mixed opinion on whether the net impact of immigration is positive or negative for American workers and the US economy.

ILW.COM Highlights of the Day

Discuss Immigration Issues With Your Friends in the Chat Room
Our public chat room is open every day from 5:00 to 8.30 p.m. Eastern (New York) time for your use. Send out an e-mail to your friends and coworkers inviting them for a chat.

ILW.COM Chats and Discussions of the Day

Special Chats!
On Wednesday, October 18, 2000, at 9:00 p.m. Eastern (New York) time Linda Dodd-Major, Acting Director of DOJ/INS Office of Business Liaison, will answer questions on employment-based immigration. Canadian immigration attorney Catherine Kerr will answer questions on Wednesday, November 1, 2000, at 9:00 p.m. Eastern (New York) time. Mark your calendars now.

Letters to the Editor

Dear Editor:
It's been my experience that the most of ports of entry do not have authority to process and such notations do not have any meaning in the law. I once asked the same question to the Director of DFW. He stated that he did not know why examiners were doing that. I think you don't have to be concerned with "SII" for the same reason. But, I think the examiner was probably right because your client should not have used B-2 unless s/he is going back to her/his country. Anyhow, INS has a policy to allow AOS for a B-2 who is married to a USC if the person's violation is only her/his visa classification.

Stephen Lee

Dear Editor:
What is the INS offense for an alien, married to a US citizen to innocently cross the Mexico (for diabetes supplies) or Canadian border (see Niagara Falls) for a day trip? There appears to be a massive amount of this type of traffic in aliens and citizens without requiring real US citizenship proof on returning. There needs to be a simple day fee pass issued by INS before leaving the US. Hey, they could even make money out of it! Doris are you there...??


Dear Editor:
I am attorney in New York that is assisting families facing deportation issues. All of my work is pro bono. One of our church members has asked me if they can sponsor a minister for the church. He currently resides in the US having been officially trained as a minister and is originally from Trinidad; currently he is in the US as a visitor. Can he be helped?


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