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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
October 25, 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

ILW.COM has launched the Immigrant Life section. Immigrant Life is a spot in cyberspace for immigrants to meet, to find information, to take a quiz and to read about other immigrants. Explore the page and see what it has to offer. Whatever the country of origin and whatever the new home country, immigrants share certain things. All have some reason for becoming an immigrant. All leave behind something. All face challenges in a new country. Write and let others know your immigrant experience. Send your story to

Federal Register News of the Day

Request for Proposals for Fulbright Student Program
The Office of Academic Programs of the Department of State's Bureau of Educational and Cultural Affairs announces an open competition for one or more assistance awards. Organizations may submit proposals to provide administrative and program services for the J-1 Fulbright Student Program in Fiscal Year 2002 by February 1, 2001.

Cases of the Day

Asylum for Conscientious Objector to Serving as POW Guard
In Martirosyan v. INS, No. 98-70979 (9th Cir. Oct. 23, 2000), the court disagreed with the Immigration Judge and Board of Immigration Appeals and found that there was substantial evidence to support Petitioner's claim that he had a well-founded fear of persecution based on his conscientious objection to serving in the army where he would be forced to engage in inhuman treatment of prisoners of war.

Congressional News of the Day

Senate Passes Mother Teresa Religious Workers Act
A message from the Senate announced the passage and requested the concurrence of the House of Representatives for S. 2406, the "Mother Teresa Religious Workers Act," which would provide permanent authority for entry into the US of certain religious workers

American Competitiveness in the Twenty-first Century Act Becomes Public Law
S. 2045, the "American Competitiveness in the Twenty-first Century Act of 2000," and H.R. 5362, which increase the amount of fees charged to employers who are petitioners for the employment of H-1B non-immigrant workers, were signed into law on October 17, 2000 and have become public laws.

Sen. Grams Added as Cosponsor of INS Reform and Border Security Act
At the request of Sen. Abraham, Sen. Grams from Minnesota was added as a cosponsor of S. 1563, the "INS Reform and Border Security Act of 1999," which would establish the Immigration Affairs Agency within the Department of Justice.

Work of the 106th Congress
Sen. Lott read into the Congressional Record a report of the list of things that have passed in the Senate to counter the assertion that the Senate has not been doing serious work and pointed out the passage of the H-1B visa bill by the Senate.

Immigration News of the Day

Judges Accused of Ignoring Sentencing Rules
Lawmakers are questioning the growing trend of judges ignoring federal sentencing guidelines in favor of more lenient sentences. The Justice Department said the overload of illegal immigration cases in the Southwest is a major factor.

Colombians Seek Extended Stay in US
The Miami Herald reports that thousands of Colombians living illegally in the United States, mostly in South Florida, may be closer to persuading the Clinton administration to legalize their immigration status since their plea for "temporary protected status" was recently endorsed by their own government in a letter from Colombian Foreign Minister Guillermo Fernndez de Soto to US Secretary of State Madeleine Albright.

ILW Highlights of the Day

Which Were the Years of Greatest Influx of Immigrants to the United States?
Take a quiz at Immigrant Life - the Global Meeting Place.

ILW.COM Chats and Discussions of the Day

Chat About Canadian Immigration Law
Attorney Catherine Kerr will answer questions about Canadian immigration law on Wednesday, November 1, 2000, at 9:00 p.m. Eastern (New York) time. Questions will be accepted beginning 15 minutes before the start of the chat.

Letters to the Editor

Dear Editor:

The New York District of the INS has stepped up its use of a certain sadistic practice at naturalization ceremonies. All candidates for swearing-in come to the ceremony with a form asking whether or not, since the interview, they have remarried, traveled, committed a crime, become a Communist, practiced polygamy, etc. "Yes" "No" boxes are checked off. The signed form is handed in just before the ceremony. The New York District officers have taken it upon themselves to ask the questions orally. If a candidate stumbles on the questions (which is not unusual if the questions are asked verbatim and rapidly) or just freezes up, more questions follow. If the DAO decides that the candidate does not speak adequate English, the candidate is sent home. This is followed by an INS motion to reopen and an instruction to come back for another test. The only basis for reopening under the law is the receipt of "derogatory" information. The New York District has taken the position that an indicated inability to speak English at the ceremony is "derogatory" information. Most of my clients are Chinese and many (if not most) of the rejects at the ceremony are Chinese. I believe that this second English test at the ceremony violates the INS law and regs and local case law. What should be a glorious and proud day becomes a day of disappointment and humiliation. I am wondering if your readers have experienced this sadistic practice in other districts.

John L. Moncrief
Immigration Lawyer

Dear Editor:

Do you know of any sample appeal briefs appealing the denial of an Application for Waiver of Grounds of Excludability? Thank you

Donald L. Schlemmer, Esq.

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