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Immigration Daily
Arthur L. Zabenko, Esq., Legal Editor
Nina Manchanda, Esq., Assistant Legal Editor
Marc Ellis, Esq., Chat Transcripts Editor
December 26, 2000
Editor's Comments of the Day
Federal Register News of the Day
Cases of the Day
INS News of the Day
DOS News of the Day
ILW.COM Featured Article of the Day
Immigration News of the Day
ILW.COM Highlights of the Day
ILW.COM Chats and Discussions of the Day
Classifieds of the Day
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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

The omnibus spending bill signed into law by President Clinton includes a limited restoration of 245(i). Under 245(i) a person who is eligible for an immigrant visa and for whom a visa is currently available can apply for adjustment in the US instead of having to apply at a consulate abroad if he is the beneficiary of a petition for an immigrant visa or application for labor certification filed before April 30, 2001, and physically present in the US on December 21, 2000, the date the President signed the bill. This is vital for those who entered without inspection or have overstayed a period of admission because if they leave the US they may be subject to a 3 or 10 year bar.

Section 245(i) is an opportunity for people who might not otherwise be able live legally in the US to adjust status. Unfortunately, it is also an opportunity for unscrupulous people who prey on aliens with limited English and who are unfamiliar with US immigration laws. While 245(i) will benefit many it does not help everyone. Since an advance in the registry date and extension of NACARA to cover more Central Americans were discussed there is bound to be confusion fueled by hope. The provision which allows the INS to charge a $1000 fee for premium processing make the situation worse because it reinforces in people's minds that all will be forgiven if they just pay enough money. The best protection against immigration scams is education.

ILW.COM wishes you a safe and joyous holiday season.

Federal Register News of the Day

Final Rule on Immigrant Religious Workers
This final rule extends until September 30, 2003, the Department of State's existing regulation regarding the validity of an immigrant visa issued to an alien worker coming to the US to perform work in a religious occupation.

Comment Request for Nonimmigrant Fiance(e) Visa Application
The Bureau of Consular Affairs has allowed an additional sixty-days for public comments on Form DS-2052 (formerly OF-156K), for Nonimmigrant Fiance(e) Visa Applications.

Comment Request for Application for Immigrant Visa and Alien Registration Visa Application
The Bureau of Consular Affairs is accepting public comments on Form DS-2083 (Formerly OF-230), Application for Immigrant Visa and Alien Registration, for an additional sixty-days.

Comment Request for Application to Determine Returning Resident Status
The Bureau of Consular Affairs has allowed an additional 60 days for public comments on Form DSP-117, Application to Determine Returning Resident Status.

Comment Request for Nonimmigrant Treaty Trader/Investor Application
The Department of State is allowing an additional sixty days for public comments on Form DS-2051 (formerly OF-156E), the Nonimmigrant Treaty Trader/Investor Application

Cases of the Day

Court Finds No Equitable Estoppel or Exceptional Circumstances
In Rojas-Reynoso v. INS, No.00-1611, (1st Cir. Dec. 21, 2000), the court upheld the Immigration Judge's ("IJ's") and the Board of Immigration Appeals's ("BIA's") denial of the Petitioner's motion to reopen deportation proceedings. The court found that the Petitioner did not establish an equitable estoppel claim to excuse his failure to depart by his scheduled date of voluntary departure nor did his alleged excuse for failure to timely depart constitute the "exceptional circumstances."

Notice of Hearing Regarding Proposed Settlement of Class Action in Walters v. Reno
All non-citizens who waived or failed to request a hearing under the document fraud provisions of the Immigration and Nationality Act, after being served with the charging and notice forms currently used by the INS are notified that a hearing has been scheduled for February 22, 2001 at 8:30 a.m. before the Honorable John C. Coughenour, District Court Judge, at the United States Courthouse, 1010 Fifth Avenue, Seattle, Washington 98104, for consideration of a proposed settlement of the claims which have been brought on your behalf in this action. (Courtesy of Linton Joaquin who also provided a version espanol).

INS News of the Day

President Clinton Comments on Immigration Measures
In a White House Press release President Clinton comments on the immigraiton provisions in H.R. 4577, the Consolidated Appropriations bill.

DOS News of the Day

US - EC Program of Cooperation in Higher Education and Vocational Education and Training
As part of the US - EU summit Secretary of State Madeleine Albright signed the US - EC "Program of Cooperation in Higher Education and Vocational Education and Training" which renews for five years a program of cooperation by US and EU institutions of higher education and vocational education and training and it bolsters the Department of State's US - EC Fulbright exchange program.

ILW.COM Featured Article of the Day

INS Mistreatment of Legal Residents Prompts Lawsuit
Carl R. Baldwin writes about abuses of expedited removal inlcuding a case brought by the American Civil Liberties Union.

Immigration News of the Day

Deportation of Father Leaves Fort Worth Family Struggling
The Star-Telegram reports on an organization, the Goodfellow Fund, which will be helping out a family for Christmas since the children's father was deported earlier this year.

Chinese Gangs Using Canada to Enter US
The National Post reports that Canada has become a gateway for Chinese criminal schemes, such as credit-card fraud, heroin trafficking, illegal migration and software piracy, directed at the United States.

ILW.COM Highlights of the Day

Why did large number of Chinese first immigrate to United States?

ILW.COM Chats and Discussions of the Day

Chat with Bob Beer
Attorny Bob Beer will answer questions on all aspects of immigration law on Tuesday, December 26, 2000, at 9:00 p.m. Eastern (New York) time. Questions will be accepted starting 15 minutes before the beginning of the chat.

Classifieds of the Day

ILW.COM carries classified ads for immigration related positions. $100 for single insertion, $250 for five consecutive insertions, payable in advance. Contact us for details. We will also carry for no charge announcements such as immigration related events. We reserve the right to refuse any ad and to make minor editorial and formatting changes. Send to

HELP WANTED: Madison WI office needs someone to complete labor certification including RIR and H-1B paperwork. Work can be performed anywhere in the US. Full or part time. Contact Sardar Durrani at 608 255-9891 or 608 287-1110, or e-mail to

Fragomen, Del Rey, Bernsen & Loewy is the largest law firm in the country practicing exclusively in the area of immigration and nationality law. In order meet the demands of our growing business, the firm is actively recruiting for experienced paralegals. The ideal candidate has business immigration experience or a human resources background dealing with immigration issues. Must have excellent verbal and written communication skills and be able to perform multiple tasks in a fast-paced environment. The firm offers superior salaries and exceptional growth opportunities. Please submit cover letter and resume to Anne-Rose van den Bossche, Esq., Fragomen, Del Rey, Bernsen, & Loewy, 515 Madison Ave, New York, NY 10022; fax 212-223-8757; email

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