This is part 1 of a 6 part document. This newsletter is never sent out unsolicited. UNSUBSCRIBE instructions can be found at http://www.visalaw.com/subscribe2.html. The complete newsletter will also be posted shortly at http://www.visalaw.com/bulletin/ if you do not receive each part. Siskind's Immigration Bulletin December 1998 E-mail subscribers as of December 28, 1998: 19,096 persons (50 states/107 countries) Published by Greg Siskind, partner at the Immigration Law Offices of Siskind, Susser, Haas & Devine, Attorneys at Law; telephone: 800-748-3819, 901-737-3194 or 615-345-0225; facsimile: 901-737-3837 or 615-843-0424, email: [EMAIL PROTECTED], WWW home page: http://www.visalaw.com. SSHD serves immigration clients throughout the world from its offices in the US, Canada and the People's Republic of China. To schedule a telephone or in-person consultation with the firm, go to http://www.visalaw.com/intake.html. To receive a free e-mail subscription to Siskind's Immigration Bulletin, fill out the form at http://www.visalaw.com/subscribe2.html or send an email message to mailto:[EMAIL PROTECTED] with the message in the body of the e-mail "subscribe your e-mail address". TO UNSUBSCRIBE GO TO http://www.visalaw.com/subscribe2.html. To subscribe to the free Siskind's Immigration Professional Newsletter, send e-mail to [EMAIL PROTECTED] and tell us your name, location, e-mail address, and the type of immigration occupation you are in (immigration lawyer, paralegal, foreign student advisor, journalist, Congressional staffer, etc.). _______________________________________________________________________ SPONSORED BY VISAJOBS.COM - THE BETTER WAY TO FIND A JOB IN AMERICA (http://www.visajobs.com) - All listing employers willing to undertake the visa application process for immigrants. ______________________________________________________________________ 1. MESSAGE FROM SISKIND, SUSSER, HAAS & DEVINE 2. LEGISLATIVE UPDATE - NEW ADVOCACY UPDATES CENTER 3. NATURALIZATION AND CITIZENSHIP UPDATE 4. IMMIGRATION AND THE INTERNET 5. IMMIGRATION AND NATURALIZATION SERVICE ISSUES GUIDELINES FOR CHILD ASYLUM SEEKERS 6. ELDERLY IMMIGRANTS SUE INS OVER CITIZENSHIP PROCESSING 7. BORDER AND DEPORTATION NEWS 8. NEW FEATURE: HEARD ON THE STREET 9. INS ISSUES PROPOSED SUSPENSION OF DEPORTATION RULE IN NACARA CASES 10. GOVERNMENT PROCESSING TIMES 11. STATE DEPARTMENT VISA BULLETIN FOR JANUARY 1999 12. NEWS BYTES 13. POLL QUESTIONS AMERICANS' ATTITUDES TOWARD IMMIGRANTS 14. IMMIGRATION AND NATURALIZATION SERVICE RELEASING DETAINED NATIONALS OF HURRICANE-BATTERED COUNTRIES 15. IMMIGRATION AND NATURALIZATION SERVICE RELEASES RULE ON EXEMPTION FROM NEW $500 FEE IN H-1B CASES 16. GUEST COLUMN: INS RULE ON NEW H-1B FEE MISREADS THE STATUTE 17. IMMIGRATION COMMITTEE CHAIR REVISES HISTORY OF H-1B BILL 18. VISA SPOTLIGHT: EB-1 MULTINATIONAL EXECUTIVES AND MANAGERS 19. NIGERIAN WOMAN'S ASYLUM CASE TO TEST NEW US LAW IMPLEMENTING U.N. TORTURE TREATY 20. IMMIGRANT DETENTION CENTER GUARDS FIRED AFTER ESCAPES 21. SEVERAL IMMIGRANT SMUGGLING OPERATIONS BROKEN UP BY OFFICIALS 22. ANOTHER HUNGER STRIKE AT IMMIGRATION DETENTION CENTER 23. FLORIDA, FEDERAL GOVERNMENT REACH DEAL ON CRIMINAL ALIENS 24. INS AND LABOR DEPARTMENT REACH DEAL TO CRACK DOWN ON EMPLOYERS OF UNDOCUMENTED WORKERS 25. NATIONAL LABOR RELATIONS BOARD ISSUES MEMORANDUM ON REMEDIES FOR UNDOCUMENTED ALIENS 26. AMNESTY LITIGANTS PROTEST IN NEVADA 27. US CONSIDERS LETTING HUNGARIAN MAFIA INFORMANTS INTO WITNESS PROTECTION PROGRAM 28. PUERTO RICAN BALLOT RAISES QUESTIONS REGARDING NATURE OR CITIZENSHIP RIGHTS 29. TEXAS DEATH PENALTY CASE RAISES QUESTIONS CONCERNING RIGHTS OF FOREIGN NATIONALS IN THE UNITED STATES 30. VISITING MEXICAN FOREIGN MINISTER CRITICIZED US BORDER POLICY 31. NON-PROFIT CORNER - THE EMMA LAZARUS FUND 32. CUBA AND US REVIEWING IMMIGRATION AGREEMENTS 33. IMMIGRATION AND NATURALIZATION SERVICE AND CITY OF MIAMI OPEN FIRST JOB PLACEMENT CENTER FOR RELEASED IMMIGRANTS 34. NEWS FROM THE COURTS 35. CHINESE INVESTOR SUES INS IN IMMIGRANT INVESTOR CASE 36. CALIFORNIA PRESSES IMMIGRATION AND NATURALIZATION SERVICE FOR CLARIFICATION ON WHETHER IMMIGRANT CHILDREN CAN TAKE PART IN HEALTH PROGRAM 37. USIA STUDY SHOWS NUMBER OF FOREIGN STUDENTS IN THE US ON THE INCREASE 38. IMMIGRATION AND NATURALIZATION SERVICE TO ISSUE HAITIAN ADJUSTMENT REGULATIONS SOON 39. NEW STATE DEPARTMENT MEMORANDA DISCUSSES GREEN CARD LOTTERY PROCESSING ISSUES 40. ALL INVESTOR AND TRADER CASES TO BE FILED AT THE INS TEXAS AND CALIFORNIA SERVICE CENTERS 41. IMMIGRATION AND NATURALIZATION PROPOSES RULE TO SIMPLIFY AGRICULTURAL WORKER PROGRAM 42. IMMIGRATION AND NATURALIZATION SERVICE BREAKS UP DOCUMENT FRAUD RING IN INDIA 43. NEW PLAN INTRODUCED TO IMPROVE RELATIONS BETWEEN CONGRESSIONAL OFFICES AND INS 44. NEW VENEZUELAN LEADER BARRED FROM ENTERING THE U.S. 45. UN DECLARATION THAT SERVES AS BASIS FOR AMERICAN ASYLUM POLICY CELEBRATES 50TH ANNIVERSARY 46. CONSULAR FOCUS: STATE DEPARTMENT ANNOUNCES PLAN TO IMPROVE PROCESSING OF AFFIDAVITS OF SUPPORT 47. USIA RELEASES WAIVER DATES 48. INS ANNOUNCES CHANGE IN HOURS OF OPERATION OF FINGERPRINT SITES 49. US CONSULATES CLOSE TEMPORARILY IN THE WAKE OF STRIKES ON IRAQ 50. NEW IMMIGRATION AND NATURALIZATION RULE RENAMING GREEN CARDS ________________________________________________ 1. MESSAGE FROM SISKIND, SUSSER, HAAS & DEVINE As we wrap up 1998, we would just like to thank a number of people for all of their help in the publication of this newsletter. First, many thanks go to our very loyal readers. Every month, readers send us dozens of suggestions for stories as well as tips on important stories. Also, thanks are due to a number of other important people who've lent a hand including, but not limited to, Dan Kowalski, Sam Udani, Amy Ballentine, Elissa Pearlman and Steve Chu. We also have received assistance from a number of helpful folks at the INS, State Department and other government agencies. This publication has grown and improved over the last several years because many people really believe in it. And they have our sincere gratitude as we wish them - and you -a happy 1999. This month, we report on a number of important developments. Hurricane Mitch's devastating effects continue to have an impact on US immigration policy and in this issue we report on new measures designed to help nationals of affected countries. The INS enforcement folks have been busy and we report on several important busts. And immigrants are successfully challenging the Immigration and Naturalization Service in court. We report this month on several lawsuits dealing with important immigration issues. Plus we include this month all of our regular features including Visa Spotlight, Processing Times, Non-Profit Corner, Immigration and the Internet and more. As always, we remind readers that this publication is put out by Siskind, Susser, Haas & Devine, an immigration law firm, and we are available for telephone or in-person consultations to answer immigration questions and discuss our representing individuals and employers in immigration matters. If interested, please go to http://www.visalaw.com/intake.html. ________________________________________________ 2. LEGISLATIVE UPDATE - NEW ADVOCACY UPDATES CENTER 1998 will surely be remembered as one of the most dramatic years in American political history. It began with the stunning revelation that President Clinton had an illicit affair with a White House intern and that he may have lied under oath to cover up the relationship. After Independent Counsel Kenneth Starr delivered a graphic report to Congress recommending the President be removed from office, the House of Representatives decided to proceed. The American public indicated their disdain for the whole process and voted against Republicans en masse during the November Congressional elections. Republicans expected to win a number of seats as a result of the Clinton scandal and instead barely held on to a majority. Most political commentators pronounced the impeachment process dead. Indeed, the major Republican defeat led to the resignation of House Speaker Newt Gingrich. Instead, Republicans regrouped and forged ahead with impeachment. On the eve of the impeachment vote, President Clinton surprised the Congress and took the country to war against Iraq. At first, it was not clear whether impeachment proceedings would be delayed while the attack on Iraq continued. At the same time, House speaker-elect Bob Livingston admitted that he had a number of extramarital affairs as well. Livingston confessed after the truth was uncovered by pornographic magazine publisher Larry Flynt who offered $1 million to anyone who could prove they had an affair with a member of Congress. The House of Representatives delayed the impeachment proceedings by only a day. On the second day of the impeachment debate, First Lady Hilary Clinton went to the Capitol Building to rally her party. And then Bob Livingston took the floor and challenged President Clinton to resign. When he was resoundingly hissed by Democrats, he then stunned the chamber and said he would set the example for Clinton by resigning himself. The Republicans quickly announced that Illinois Rep. Dennis Hastert would instead be replacing Gingrich. In the end, efforts by Democrats to introduce a censure resolution to condemn the President's actions as an alternative to removal were thwarted and President Clinton became only the second President in the history of the country to be impeached. The two approved articles of impeachment passed almost entirely on party lines. Now the Senate may put the President on trial and 1999 will no doubt see a continuation of this tumultuous episode in the country's history. So what does this mean for immigration legislation in the new Congress? Some pundits believe that leadership shakeups in the Republican House will leave a power vacuum and committee chairmen will have more power. This could mean trouble since the nativist Immigration Subcommittee Chairman Lamar Smith would have more leeway to push an anti-immigration agenda. On the other hand, as we reported last month, immigrant voters made a big difference in a number of races and Republicans are growing more concerned about being perceived as anti-immigration. That, plus having Spencer Abraham, the Senate's open-minded Immigration Subcommittee Chairman may mean anti-immigration sentiment in the Congress is less pervasive. And what about Dennis Hastert? Is he pro-immigrant or restrictionist. If his career is an indicator, he is likely to be more restrictionist. In 1996, he voted to end immigration for parents of US citizens as well as the other adult relatives. He also has a consistent record of supporting legislation to cut overall immigration numbers. And he voted to kill Section 245i of the Immigration and Nationality Act. On the other hand, he supported legislation to raise the H-1B visa limit earlier this year and previously supported bills to continue the nurse visa program and to create a new agricultural worker program. The battle between the Republicans and the President also could mean that the legislative process is paralyzed and very few immigration bills - either pro or anti-immigration - are passed. This could be because the Senate is tied up in an impeachment trial and unable to move bills forward. The animosity between the President and Congressional Republican leaders could also mean that the President's legislative agenda goes nowhere and Republican bills are vetoed regularly. In any case, the cooperation needed to pass immigration legislation is unlikely to be present in the 106th Congress. If legislation can move forward, the most likely bills to reach the President's desk relate to the reorganization of the INS, the creation of new restrictions making naturalization tougher and a possible revival of Section 245i of the Immigration and Nationality Act. While we are waiting for the next Congress, Siskind, Susser, Haas & Devine is preparing to launch an important new service for readers interested in the movement of immigration legislation in Congress. Earlier this year, SSHD created its H-1B Emergency Update page to provide daily coverage of the advancement of legislation to raise the H-1B visa cap. The page proved to be extremely popular - our web site's traffic actually doubled for several months as a direct result of that effort. In response to numerous requests from readers, we have decided to expand that coverage and establish a permanent advocacy center on our web site. That page will include information on contacting members of Congress, a list of all of the major immigration bills pending in Congress with brief summaries of the legislation and links to the actual bills. And for the most important issues, we will provide coverage similar to this year's H-1B debate. We hope our new Advocacy Center will be a useful resource for our readers both to stay informed on important immigration matters and to make their voices heard with the decision makers. ________________________________________________ 3. NATURALIZATION AND CITIZENSHIP UPDATE - The Immigration and Naturalization Service has issued comments on the progress of its ongoing naturalization redesign process. The INS, in cooperation with the Department of Justice and the mega-accounting firm PricewaterhouseCoopers (PwC) began implementation of its naturalization "re-engineering" process in October 1997. The INS comments relate to expectations for the second year of the re-engineering process. The INS notes that it is pleased with reaction it has received to its proposed new N-400 naturalization application. The new form is based on input from over 130 field employees, community-based organization representatives and naturalization applicants themselves. The new form is intended to be user-friendly and the INS expects to see a decrease in the number of incomplete applications returned to applicants and the amount of time that INS employees spend correcting mistakes. The new form will also focus on having a better set of instructions. The INS expects the new form to be ready for use by next summer. The INS is trying to address the problem of naturalization cases being continued late in the application process because the file lacks all of the necessary documents. The INS has recently tested a file review program where files are reviewed for completeness earlier in the process and applicants are given 60 days to mail documents to the Service Centers. The program led to a 50% decrease in the number of cases continued as a result of missing documents. - More than 9,000 new citizens were sworn in at two mass ceremonies in Los Angeles last month. According to the Immigration and Naturalization Service, more than 125 countries were represented. - Arturo Sandoval, a famed Cuban jazz trumpet player, was sworn in as a US citizen after a three year battle with the INS over Sandoval's previous membership in the Cuban Communist Party. Sandoval has won three Grammy Awards and has been in the US since he defected at the US Embassy in Rome in 1990. The INS originally invoked a statute denying citizenship to persons who were members of the communist party within 10 years of applying for citizenship. Sandoval claims he only applied for communist party membership a few months in advance or defecting so as not to draw the suspicion of Cuban authorities. - On December 17, as the full Congress began the impeachment debate, and the US and Great Britain began a military strike against Iraq, 360 people, from 76 countries became American citizens in Baltimore, MD. ________________________________________________ 4. IMMIGRATION AND THE INTERNET The Selective Service, the federal agency in charge of administering the military draft registration system in this country, has established a web site (http://www.sss.gov) that allows individuals to register for the draft online. Male permanent residents as well as citizens born after 1959 may be required to register for US military service. Failure to register can result in criminal penalties even though there is no draft. Unfortunately, many permanent residents are unaware of this legal obligation or mistakenly believe it does not apply to them. The American Immigration Law Foundation has created a new public service web site (http://www.notable-immigrants.org) to honor immigrants who have benefited America. The site includes photos and biographies of immigrants who have made a significant contribution to America, the Congressman who submitted them for consideration and the individual attorneys who have interviewed the immigrants. ________________________________________________ 5. IMMIGRATION AND NATURALIZATION SERVICE ISSUES GUIDELINES FOR CHILD ASYLUM SEEKERS The Immigration and Naturalization Service has released guidelines to enable its officials to more effectively evaluate the asylum claims of children. According to the INS, the new guidelines make the US only the second country in the world to adopt special procedures for considering the unique needs of young asylum seekers. The new guidelines were released to coincide with the 50th anniversary of the adoption of the Universal Declaration of Human Rights by the General Assembly of the United Nations. INS Commissioner Doris Meissner stated that "The new guidelines not only reflect the Administration's continued international leadership in humanitarian issues, they also demonstrate that INS is taking concrete action to further the protection needs of refugee children." The guidelines start with the basic premise that children may experience persecution differently than adults and are not in the same position to offer testimony as clearly as adults do. The INS recognizes that children can suffer unique forms of persecution. Abusive child labor practices, trafficking in children, rape, forced prostitution and the forcible military conscription are some examples. And the failure of a state to protect its children can affect a claim. The INS emphasizes that the standards for asylum have not changed, but the procedures have been. The goal is to provide a "comfortable, secure" environment for the child asylum seeker. To achieve this goal, all Asylum Officers will get special training to reinforce their awareness of children's and cultural issues. The INS Resource Information Center (RIC) has also been instructed to issue information on the condition of children in various countries to Asylum Officers. The creation of new guidelines for children are partially credited to the success of INS guidelines for asylum claims by women which were released in 1995. ________________________________________________ 6. ELDERLY IMMIGRANTS SUE INS OVER CITIZENSHIP PROCESSING A suit against the INS filed by seven elderly immigrants has moved closer to a jury trial following the judge's denial of the INS's motion to dismiss. The parties to the suit are all immigrants in Florida who have been denied citizenship because they are unable to learn English due to certified physical or mental disabilities. The suit is based on a federal law that exempts those with medically certified disabilities from the English and civics tests normally required for citizenship. If the judge certifies the suit as a class action, which may happen in January, the trial could benefit all disabled elderly immigrants in Florida who have been denied citizenship. The INS has declined to comment on the suit and cited the agency's policy of not commenting on pending cases.
SISKIND'S IMMIGRATION BULLETIN - 12/98 (1/6) - Articles 1-6
Gregory Siskind, Attorney at Law Tue, 29 Dec 1998 20:49:56 -0500
