The INS regulations implementing the V visa provisions of the LIFE Act have finally been issued. The V visa allows spouses and children of permanent residents to reside and work in the US while waiting for adjustment if their petitions have been pending with the INS for more than three years. To be eligible for a V visa a person must be the spouse of unmarried child or a permanent resident and 1) be the beneficiary of an I-130 filed on or before December 21, 2000, and 2) have been waiting for at least three years because either a) the priority date have not yet become current, or b) the INS has not adjudicated the I-130 or I-485. Unmarried children under 21 of people who meet these requirements are also eligible. Applicants in the US need to send form I-539 (with filing fee), the information required by Supplement A to the I-539, and a medical examination form I-693 to U.S. Immigration and Naturalization Service, P.O. Box 7216, Chicago, IL 60680-7216. The State Department published in the Federal Register on April 16, 2001, an interim rule with information on how people outside the United States can apply for a V visa.
You Can Still Benefit!
Did you miss the first two seminars by Angelo Paparelli and Stephen Yale-Loehr on H-1B issues? You can still get taped copies of these two seminars if you sign up for the third seminar, which will be on October 3rd. To see the syllabus for the three-seminar series, please click here.
Tip of the Day
What is a List Serv?
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Currently ILW.COM offers list servs for Immigration Daily, Immigrant's Weekly, and Chat
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ILW.COM Featured Article of the Day
Let's Make A Deal: The Way To End Employer Sanctions and Make Everyone Like It
Gary Endelman writes that the time is ripe for labor, business and politicians to agree to an end to employer sanctions and the introduction of a replacement for the current labor certification system.
Congressional Testimony on "US-Mexico Migration Discussions: An Historic Opportunity"
Testimony on "US-Mexico Migration Discussions: An Historic Opportunity" presented to the Senate Committee on the Judiciary included statements from Mr. John Sweeney, Mr. Thomas Donohue, Mr. Raul Yzaguirre, Mr. Grover Norquist, Mr. Stephen Moore and Sen. Orrin Hatch.
INS Statistical Report for July 2001
The INS Monthly Statistical Report for July 2001 includes data on inspections, Southwest border apprehensions, immigration benefits, naturalization benefits, removals, investigations and asylum.
Spray-Painted Threats Based on Imputed Political Opinion
In Ventura v. INS, No. 99-71004 (9th Cir. Sept. 10, 2001), the court found that the murder of relatives and spray-painted threats constituted past persecution on account of imputed political opinion, and that the State Department Report failed to show changed country conditions sufficient to rebut the presumption of future persecution.
Colombian Organization Designated as Terrorist
The Department of State has designated the "United Self-Defense Forces of Colombia," also known as the "Autodefensas Unidas de Colombia," also known as the "AUC" as a terrorist organization pursuant to IIRIRA.
Immigration in the Press
INS Lacks Explanation for Giving Citizenship to Alleged Torturer
The South Florida Sun-Sentinel reports that Federal officials were unable to explain why US citizenship was granted in 1993 to Miami resident Eriberto Mederos at least a year after he had been publicly accused of torturing political prisoners in Cuba.
This Day in Immigration
From September 11, 2000
"Repeated References to "Illegal Alien" Entitle Defendant to New Trial
In US v. Cruz-Padilla, No. 99-3794 (8th Cir. Sept. 8, 2000), the court held that pervasive references to the Defendant's status and an illegal alien were prejudicial and thus Defendant was entitled to a new trial."
Letters to the Editor
Apparently, the Senate was listening when AILA and others commented that the new "preexisting relationship" requirements in some versions of the Section 245(i) Extension Act were nonsensical. So what did they do? On the family-based side, nothing. On the
employment-based side, they virtually eliminated eligibility. Talk about ludicrous.
Under the old requirement, the law would have benefited employers who hired undocumented aliens, but not employers who, in spite of their desire to hire, obeyed the law instead. Under the new requirement, only employers who filed for labor certifications
between 3/30/01 and 8/15/01 would be eligible. Unfortunately, it made no sense for an employer to file for an undocumented alien during the window, unless they were prepared to wait 10 years for the alien to be able to return to the U.S., or were
advised by a psychic consultant or Washington insider that the Senate was going to amend the 245(i) bill the way it did. If anything, the incentive brought about by the House version of the bill was to hire the alien as soon as possible, rather
than file for a labor certification as soon as possible - two actions that, while not strictly mutually exclusive, are mutually unadvisable.
As a result, the only effect on the employment side is to allow properly documented people (such as H-1B and L-1 visa holders) for whom labor certifications were incidentally filed during the 4.5 month window - the only group for whom it made sense to - to fall out of status at any time before their labor certification is approved. Instead of being an act of clemency towards undocumented aliens and their would-be sponsoring employers, the bill is a license if not altogether an invitation to break the law, directed at people who never have.
It seems clear that the intention of the anti-immigration forces in Congress is simply to kill the extension on the employment-based side. Since the bill is already restricted to people who were physically present in the U.S. on December 21, 2000, the potential pool of sponsorable aliens is already well defined. Any further restrictions can only be meant to reduce the number of visas that will be granted, whether the basis for not granting them is ethically appropriate or not. The latest version of this bill is completely upside down from an ethical standpoint, and the number of employment-based immigrant visas that are likely to be granted as a result is very close to zero.
Fortunately, there is still time to point these things out. The bill still has to go to conference, and both conference members and key Senators and Representatives will have a lot of influence on the shape of the final bill, as will the President thanks to his veto power and leadership on immigration matters. Let's hope this bad joke does not become law.
As a part of my practice, I do consular processing to get visas for my clients in Ciudad Juarez. Until last Friday, I had been using the main bridge to come back with my clients, and always found it with busy traffic as well as long wait time for visa processing. On average, I think I spent an hour and half per trip. By a suggestion from a taxi driver, I decided to try the Santa Fe Bridge. I immediately saw the difference in attitudes of the officers, and I am compelled to reveal the secret to all practitioners because the benefit of keeping the secret by myself heavily outweighs the praiseworthiness of the port. To get to the point, Ms. Isabel Mullens, the Port Director, has designed the visa processing procedure like an airport processing as it should be, and conducts the immigration processing matter as a business! My clients spent no more than 15 minutes to process their E-visas while she was explaining the changes she instituted. She never stopped assisting the other applicants even as she was explaining the procedures to me. What a difference she made. It was more than enough to make my day and it was very few moments that I felt I was in the right profession, that is helping others as she did for me and my clients.
Stephen H. Lee
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HELP WANTED: ATTORNEY
Attorney Wanted For PART TIME position (about 20hrs/week) with FLEXIBLE HOURS to work on business cases. Experience required with RIR's, H's, L's, E's, O's and I-140's. Good writing skills, organizational ability, computer literacy, legal and Internet research skills essential. Scientific or financial background a plus. Foreign language fluency desirable. Opportunity to convert to full time and include work on asylum, domestic violence, removal cases, and federal court litigation. Small office setting provides congenial, informal working environment with immediate case responsibility. Salary DOE with performance bonus. E-mail resume with applicable writing sample, salary requirement, and references to firstname.lastname@example.org or send via regular mail to Thomas E. Moseley, One Gateway Center-Suite 2600, Newark, New Jersey 07102 or FAX to 973-645-9493. For lengthy writing samples (5 or more pages) use e-mail or regular mail only.
HELP WANTED: CORPORATE IMMIGRATION PARALEGALS
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 to meet the demands of our growing business, the firm is actively recruiting for experienced paralegals in its ATLANTA, NEW YORK, NEW JERSEY,and CHICAGO offices. 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 or fax 212-750-1121 or email@example.com
Angelo Paparelli and Steve Yale-Loehr will conduct a teleconference and e-mail listserv series titled On the Cutting Edge: H-1B Practice and Strategy with Angelo Paparelli and Steve Yale-Loehr. The final teleconferences will take place Wednesday October 3, 2001, at 1:00-2:30 p.m. Eastern (New York) time. It is open to attorneys, employers, HR professionals and anyone else interested in the H-1B process and strategy. For more information or to register click here.
American Immigration Lawyers Association 2001 Fall CLE Conference "It's a Border Thing" September 14, 2001, La Mansion del Rio Hotel, San Antonio, Texas. Register before August 24, 2001, and save $$. Receive discounted hotel rates when you make hotel reservations by August 20, 2001. Visit the Conference section of www.AILA.org to obtain registration and hotel information. Don't Miss This Exciting Conference!
IMMIGRATION LAW SEMINAR
Saturday, October 13, 2001, 9:00 a.m. to 1:00 p.m. at Ramada Inn, Fairfield, NJ. A panel of experienced immigration lawyers and paralegals will explain how the administrative system operates and present the information you need to handle basic immigration matters. You’ll also hear directly from several agency representatives about the procedures you need to follow when dealing with these agencies. For details click here.
American Immigration Lawyers Association, Central Florida Chapter (AILA-CFC) will be holding its 15th Annual Advanced-Level Immigration Law Seminar on October 26-27 at the Renaissance Orlando Resort, Orlando, Florida. Discounted hotel rates are available from the resort. Point of contact for information/registration is Steve Zawacki, firstname.lastname@example.org or 407/831-6644.
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