[ALBSA-Info] IMMIGRATION UPDATE (March 2000) (fwd)

[Spaho]

---------- Forwarded message ----------

I hope you will find this information useful. 

Irma 

From: Carl at shusterman.com

Subject: SHUSTERMAN'S IMMIGRATION UPDATE (March 2000)

Volume Five, Number Three

Published by the Law Offices of Carl Shusterman, One Wilshire Building,
624 So. Grand Avenue, Suite 1608, Los Angeles, California, 90017.
Phone: (213) 623-4592

To subscribe to SHUSTERMAN'S IMMIGRATION UPDATE, go to
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For back issues of SHUSTERMAN'S IMMIGRATION UPDATE, see
http://shusterman.com/toc-siu.html

Disclaimer:  This newsletter is not intended to establish an
attorney-client relationship. All information contained in this newsletter
is generalized.  Any reliance on information contained herein is taken at
your own risk.

*****************************************************************
Subscribers to SHUSTERMAN'S IMMIGRATION UPDATE: 30,957

CONTENTS:

Guest Contributor: This month, Topic #8 was written by Maurice Belanger,
Senior Policy Analyst for the National Immigration Forum. Based in
Washington, D.C., and established in 1982, the Forum has distinguished
itself as one of the nation's foremost authorities on immigration. The
Forum defends legal immigration, fights anti-immigrant prejudice and
preserves the American tradition of diversity.  For more information about
the National Immigration Forum, see http://immigrationforum.org


* NEWS FLASHES

1. April 2000 State Department Visa Bulletin: EB Numbers Regress
2. Latest Immigration Service Processing Times
3. H-1B Update: The Good, The Bad and The Just Plain Devious
4. Amnesty 2000: AFL-CIO Labor Federation Backs New Amnesty
5. Derivative Citizenship: Using The Law To Perform "Miracles"
6. Immigration Trivia Quiz: Immigrant Achievement Awards
7. Chat Schedule and Online Transcripts
8. Budget: Administration Proposes Building on Past Initiatives
9. Web Site: Executive Office For Immigration Review (EOIR)
10. Answers to the Trivia Quiz: "Lennon Read A Book Of Marx"
* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * *

NEWS FLASHES:

* Congressional Hearing into INS Delays: See

	http://shusterman.com/lofgren-pr.html

* Family Unity: Attorneys and their clients who are experiencing long
delays in having I-817 Family Unity case processed can now take action.  See

	http://shusterman.com/817.html

* Haitians: The last day that the INS must RECEIVE form I-485 under the
Haitian Refugee Immigrant Fairness Act (HRIFA) is March 31, 2000. Remember
that I-485's under HRIFA must be filed at the Nebraska Service Center.  For
more information, see

	http://www.shusterman.com/toc-asyl.html

and scroll down to "INS Issues Reminder to Haitians Eligible for HRIFA
Benefits".

* INS's National Customer Service Center (NCSC): Have a question about INS
services and procedures?  INS now offers the following 24 hours a day, 7
days a week toll free telephone number: 1(800) 375-5283.  If you want to
talk to a live person, be sure you call during regular business hours.  INS
advises that the best times to call are Tuesday through Friday.  The agency
cautions that "at this time, NSCS is unable to answer questions about the
status of a specific case."  For more information, see

	http://shusterman.com/ins.html

and scroll down to "Homepage of INS's National Customer Service Center
(NCSC)".

* Involuntary Servitude - Many of us have read stories about immigrants who
are lured to the United States by false promises and end up as virtual
slave laborers.  If you know of a case of forced labor or exploitation,
please report it to the Justice Department by using their new toll-free
hotline: 1(888)428-7581.
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EMDS IT Careers in the USA is open to both foreign nationals and US
citizens. International candidates attending the event will be able to take
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presentations, participate in round table discussions, establish
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*********************************************************

* NACARA: Remember that the last day that the INS must RECEIVE your form
I-485 under section 202 of the Nicaraguan Adjustment and Central American
Relief Act (NACARA) is March 31, 2000. Remember that I-485's under NACARA
must be filed at the Texas Service Center.  For more information, see

	http://www.shusterman.com/toc-1997.html

and scroll down to "Application Deadline Approaches For Nicaraguans and
Cubans Eligible To Apply for NACARA Benefits".

* Secret Evidence: How would you feel if the government charged you with
being deportable, but informed you that for national security reasons, the
evidence against you would be kept secret?  Read Georgetown Law Professor
David Cole's testimony before the House Immigration Subcommittee regarding
secret evidence and H.R. 2121, a bill which would bar the use of secret
evidence in immigration proceedings at

	http://shusterman.com/toc-leg.html

under the "'Fix the '96' Law Campaign".

* State Department Country Reports - The State Department has issued the
1999 edition of its Country Reports.  This report is extremely valuable in
the preparation of Requests for Asylum.  The report is now online.  See

	http://shusterman.com/toc-asyl.html

and scroll down to "1999 State Department Country Reports on Human Rights
Practices(2-25-00)" under "U.S. State Department".  While you are in the
vicinity, check out some of our recently-updated "Asylum and Human Rights
Links".
***********************************************

1. April 2000 State Department Visa Bulletin: EB Numbers Regress

On March 10, 2000, we posted the April 2000 Visa Bulletin,  before the
State Department posted the dates on their web site.

Mad's copy was not completely legible because of damage caused by raw eggs
which were thrown at her during her recent European trip, but here's what
we know now...

For the Family categories, the priority dates continue to creep forward at
a snail's pace.  Worldwide numbers move forward from one to five weeks.
India 4th advances one week while the Philippine 4th (brothers and sisters
of  U.S. citizens) is still lingering back in 1979, a wait of over 20 years!

The Employment categories have all been Current (with the exception of the
unskilled worker category which advances three months to June 1, 1994)
since August 1, 1999 due to the INS's failure to approve applications for
adjustment of status in significant numbers.

However, starting April 1, 2000, the EB2 and EB3 categories for persons
born in India will backlog to January 1, 1999 and January 1, 1997,
respectively.  Though we won't obtain the numbers for mainland China until
Monday at the earliest, expect the EB numbers for China to regress
significantly.  According to the State Department's Charles Oppenheim, the
regressions came about because the INS started approving I-485's in mass
quantities during the past few weeks.

The April Visa Numbers (partial listing) can be found at

	http://shusterman.com/vb.html

For an explanation of what the categories, dates and symbols listed below
mean, see

           http://shusterman.com/family.html

and

           http://shusterman.com/employmt.html

For the State Department's official version, complete with information
about the movement of family, employment and lottery numbers, wait a couple
of days and then see

           http://travel.state.gov/visa_bulletin.html


2. Latest Immigration Service Processing Times

Most immigration applications and petitions must be submitted to one of the
following INS Regional Service Centers: (1) Laguna Niguel, California; (2)
Lincoln, Nebraska; (3) Mesquite, Texas; and (4) St. Albans, Vermont.

Our web site contains the waiting times of each center and enumerates each
state served by the center and any foreign offices within the center's
jurisdiction.

The service centers periodically issue lists of their processing times for
various types of applications.  Our web site contains the latest list
issued by each service center.

Warning: Processing times may appear faster on the official lists than they
are in reality.

To see how fast (or slow) your service center is processing a particular
type of petition or application, see

           http://shusterman.com/toc-sc.html


Processing times at INS District Offices may be accessed at

           http://shusterman.com/aos.html

See

           http://shusterman.com/labortimes.html

to check the latest processing times of your Department of Labor Regional
Office and your State Employment Service Agency.

We list Consular Post Processing Times at

		 http://shusterman.com/dostimes.html

And J Waiver Processing Times at

		 http://shusterman.com/jwvr-times.html
		


3. H-1B Update: The Good, The Bad and The Just Plain Devious

During the past month, so many events relating to H-1Bs occurred that we
could literally fill our entire newsletter discussing them.  Suffice to say
that most can be found at

	http://shusterman.com/toc-h1b.html

The events can be roughly divided into the following three categories -

The Good: On March 9, the Senate Judiciary Committee okayed S.2045 by a
vote of 16-2.  This bill would raise the H-1B cap to 195,000 annually for
the next three years, eliminate discriminatory per country quotas, allow
certain persons in H-1B status to extend their stay beyond the usual six
years, etc.

The complete text of S.2045 (prior to the March 9th mark-up is available at

	http://shusterman.com/s2045.html

A summary of the amendments to S.2045 which were introduced at the mark-up
may be found at

	http://shusterman.com/s2045mu.html

For a FAQ concerning S.2045, see

	http://shusterman.com/h1b-faq.html

Since H-1B numbers will not last longer than another week or two,  it is
necessary for supporters of S.2045 to e-mail their senators and
representatives during the Senate recess (now until March 20).  Otherwise,
there will be no new H-1Bs approved until October 1, 2000, dealing a
crippling blow to our economy.

Sample letters and lists of e-mail addresses of Members of Congress may be
found at

	http://shusterman.com/s2045ltr.html

and

	http://shusterman.com/hr2698ltr.html

If you support raising the H-1B cap, you are in good company.  Both
Vice-President Gore and Governor Bush have endorsed raising the cap.  Fed
Chairman Alan Greenspan says that it is necessary to raise the H-1B cap to
insure continued economic growth.

White House spokesman Jake Siewert also expressed support for the concept
of raising the cap: "We are ready to support a reasonable increase in the
number of H-1B visas as long as it reflects a balanced approach that
protects and prepares the U.S. work force."    However, what the White
House considers "reasonable" and "balanced" remains to be seen.  Mr.
Siewert's choice of words seem to mirror those of Rep. Lamar Smith (See
"The Oh-So-Ugly" below).



The Bad: The INS broke its long silence and announced that by February 15,
67,000 H-1B petitions subject to the cap had been approved, and that 44,000
H-1B petitions were pending.  However,
the agency has no idea how many of the 44,000 unadjudicated petitions are
subject to the cap.

Meanwhile, the KPMG audit of the alleged undercount of H-1B's from the last
fiscal year has yet to be completed.  Senator Abraham (R-MI) wrote a letter
to the INS Commissioner about the audit on February 25.  He detailed how
the entire counting methodology is seriously flawed.  His letter
demonstrates how the INS is actually overcounting the number of H-1Bs
subject to the cap. See

	http://shusterman.com/abraham300.html

Also, the INS (but not DOL) issued H-1B regulations on February 29.  See

	http://shusterman.com/h1breg00.html

As of March 30, a newly-revised form I-129W must be submitted with every
new H-1B petition.  You may download and print the new I-129W form
(assuming that the INS web site is operational) at

	http://shusterman.com/immforms.html



The Just Plain Devious

Trust Representative Lamar Smith (R-TX) to craft a bill to raise the H-1B
cap that is so devious and anti-immigrant that it is acceptable to few
outside the Beltway except the anti-immigrant fringe groups which adore
Rep. Smith.

When the S.2045 was first introduced by Senators Hatch (R-UT) and Abraham
(R-MI) and a bipartisan group of 20 senators, Rep. Smith actually seemed
ready to cooperate when he stated, "We are ready to support a reasonable
increase in the number of H-1B visas as long as it reflects a balanced
approach that protects and prepares the U.S. work force."

Then, on March 1, Rep. Smith and a few his colleagues introduced the
so-called "Technology Worker Temporary Relief Act" (H.R.3814), a bill that
is anything but "reasonable" and "balanced".  The bill would raise the H-1B
cap by 45,000, but only for this year, and only if and when the Labor
Department issues regulations to implement the 1998 H-1B law, and only for
large employers, and only if these employers take certain steps required by
Rep. Smith...

Under the Smith bill, the H-1B cap would fall starting on October 1, 2000,
the discriminatory per country quotas would remain, as would the six-year
maximum duration, etc., etc.

To us, the bill is a wolf-in-sheep's clothing, but please judge for
yourself.  Read the complete text of H.R. 3814 at

	http://shusterman.com/hr3814.html

and the section-by-section summary, with comments, at

	http://shusterman.com/hr3814sum.html

and Rep. Smith's press release concerning H.R.3814 at

	http://shusterman.com/smith-pr.html

Also, consider the reasoning of the American Immigration Lawyers
Association supporting S.2045 and opposing H.R.3814 at

	http://shusterman.com/s2045act.html

Will the bill that reaches the President's desk in April(?) look more like
S.2045 or H.R.3814?  It may depend on you! E-mail your Members of Congress
now.

Read our news ticker for regular updates.


4. Amnesty 2000: AFL-CIO Labor Federation Backs New Amnesty

On February 16, 2000, the AFL-CIO, the giant labor federation called for an
amnesty for undocumented workers, an end to employer sanctions and a
restoration of benefits that were taken away by the 1996 anti-immigrant
law.  The AFL-CIO's action did not come as a complete surprise.  As far
back as the October issue of SHUSTERMAN'S IMMIGRATION UPDATE, we reported
as follows:

"Si, Se Puede!: The AFL-CIO may do an about-face on immigration. On October
11 in Los Angeles, some of the labor federation's fastest growing and most
aggressive unions argued for an end to employer sanctions and for an
amnesty for undocumented workers. Dolores Huerta of the United Farm Workers
stated that ‘our position is that we should give undocumented workers
amnesty...'"
Still, I had to pinch myself when I picked up the Los Angeles Times the
other day and read about the unanimous approval that the AFL-CIO gave to a
resolution calling for a new amnesty for undocumented workers.  For too
many years, many labor unions looked upon immigrants as little more that
"cheap foreign labor", direct competition with union labor.  Rather than
try to organize foreign-born workers, they demanded their exclusion.  As
far back as the 1880's, union opposition to Chinese laborers working for
pennies an hour to build our railroads led to the infamous "Chinese
Exclusion Act".  Organized labor supported "Operation Wetback", the giant
round-up and deportation of thousands of Latinos, immigrants and U.S.
citizens alike, in the 1950's.  Labor union support for sanctions against
employers who hired undocumented workers helped pass the Immigration Reform
and Control Act of 1986.

Seen in this context, the ALF-CIO's call for a new amnesty and an end to
employer sanctions represents a 180-degree turnabout for organized labor.
The labor federation has learned the hard way that it is only possible to
organize workers who are legally present in the U.S.  This is because there
are some unscrupulous employers who are all too eager to exploit illegal
aliens.  When a union tries to organize them, the employer "suddenly
discovers" that it needs to fire these workers on the ground that they
would be violating the I-9 laws by keeping them on the payroll.

How likely is it that the AFL-CIO's resolution will result in legislation
during the current legislative session?  Not likely at all considering the
present makeup of the Congress.  Representative Lamar Smith (R-TX), the
Chairman of the House Subcommittee on Immigration, issued a terse press
release in response to the AFL-CIO's resolution entitled "Union Bosses Sell
Out Workers".

Other Congressional leaders were adamant that the AFL-CIO's proposals would
not see the light of day.  Even the Clinton Administration declined to
comment on the proposal.

However, Rep. Lucille Roybal-Allard (D-CA), the Chairwoman of the
Congressional Hispanic Caucus, said the caucus members would "look forward
to working with the AFL-CIO and the business community to reform our
immigration policy...we believe that these immigrants have made impressive
contributions to our work force and to our nation."

The AFL-CIO's press release, the text of their resolution, Rep. Smith's
response and much more may be found at

	http://shusterman.com/toc-amnesty.html


5. Derivative Citizenship: Using The Law To Perform "Miracles"

Back in the late 1970's, as an INS Citizenship Attorney, I used to
interview persons born abroad who claimed U.S. citizenship through their
parents.

Although the laws pertaining to this area of law were (and are)
sufficiently complex and obscure to make the whole exercise somewhat
interesting, I always had the feeling that my mastery of these laws, like
my knowledge of high school algebra, would be almost totally useless as a
private attorney.

Well, it ain't necessarily so!

During the past few years, a number of people, some of whom had read my
article about derivative citizenship at

	http://shusterman.com/acquisit.html

retained my services to help them establish U.S. citizenship, and free them
from the constraints of the immigration laws as they apply to "aliens".
Consider -

Example #1: After a half dozen other attorneys had turned them away, the
parents of a young man incarcerated for a criminal conviction in Nevada,
retained me to represent their son. I explained to them that because their
son had become a permanent resident of the U.S. as a child, and since both
parents had naturalized prior to his 18th birthday, their son had become a
U.S. citizen "by operation of law".  I'll never forget the Immigration
Judge words, spoken during the telephonic "removal" hearing, "Well Mr.
Shusterman, it seems that you have no defense and that your client is
subject to deportation."  I answered that unless the INS had been given the
authority to deport U.S. citizens, I thought that my client had a perfect
defense.  Two weeks later, the judge terminated the removal proceedings on
the ground that my client was a citizen of the U.S.

Example #2: A woman seeking to come to the U.S. called me from the Cayman
Islands.  After inquiring about her U.S. citizen father, I determined that
despite being born abroad, she was a citizen of the U.S.  She now holds a
U.S. passport.

Example #3: Of all the recent derivative citizenship cases that I have
handled recently, the one I'm proudest of involves a man born in Canada
named Brian Olsen.  Brian's wife was born in one of the former Soviet
Republics, and he needed to prove that he was a U.S. citizen in order to
obtain a green card for her so that they could both move to the U.S.

Like the young man in Nevada and the woman in the Cayman Islands, I was
able to prove that Brian was a U.S. citizen without ever meeting him in
person.  Brian had tried on his own to obtain a Certificate of Citizenship
from the INS in Montana.  He was told that he was not a citizen, and that
it was a waste of his time to even apply!  The problem was that neither
Brian, his parents, nor his grandparents were born in the U.S.

However, Brian is not the kind of person who takes "no" for an answer,
especially when he thinks he's right.  I went back five generations to
before the Civil War to prove Brian was a U.S. citizen before obtaining a
U.S. Passport for him.  Explore the laws of derivative citizenship by
reading Brian's story at

	http://shusterman.com/olsen.html

By the way, I have completely changed my opinion about the value of my
knowledge of the obscure laws of derivation and acquisition.  (However, I
still don't know what the value of algebra is ;-)


6. Immigration Trivia Quiz: Immigrant Achievement Awards

It is March again, and I am flying out to Washington, D.C. for the annual
Immigrant Achievement Awards.  Immigrants who have made significant
achievements in the United States will be honored at a special ceremony.

The winner of this month's trivia quiz will be the first person (other than
an immigration attorney) who sends an e-mail message to
carl.shusterman at gte.net answering each of the questions posed at

	http://shusterman.com/honorees.html

The prize is a free legal consultation during the month of March.


7. Chat Schedule and Online Transcripts: Amnesty Chat

We now have over a dozen chat transcripts online.  Among the topics covered
are how to obtain a temporary working visa, permanent residence and U.S.
citizenship, new laws pertaining to nurses and physicians, how to complete
immigration forms, special problems encountered by computer professionals
and by persons born in India and China, the outlook for the Visa Bulletin,
and an I-9 primer for HR managers and employees.

This coming Monday, on March 13th at 6pm PST (9pm EST), we will have a chat
entitled

	"H-1B's: What Happens When The Cap Is Reached?"

Our most recent chats were:

* New Amnesty? Reaction to Labor's Proposal (March 6)
* Nurses: H-1C's, TN's and Permanent Residence (February 21)
* Raising the H-1B Cap (February 14)

If you have an idea for a chat topic, please send me an e-mail message at
carl at shusterman.com and we (My chat sponsors at About.com and
CareerPath.com and I will take it under consideration).

For a list of upcoming chats and transcripts of past chats, see

	http://shusterman.com/toc-chat.html



8. Budget: Administration Proposes Building on Past Initiatives


by Maurice Belanger, National Immigration Forum


In the President's budget, submitted in February, are several
immigration-related initiatives that build on those begun in recent years.
Some were proposed last year, but were rejected.

English and Civics.  $75 million is proposed to fund programs that provide
English language instruction linked to civics and life skills.  (A
knowledge of English and an understanding of the history and government of
the U.S. are prerequisites for naturalization, for the most part.)  Last
year, Congress allocated approximately $25 million for this program.
Non-profit
community organizations have been eligible for grants under this program,
as well as state educational agencies, institutions of higher learning, and
local educational agencies.

Improving INS Services.  First the good news.  The Administration proposes
$127.3 million for an Immigration Services Capital Investment
Account(ISCIA).  The INS will use this money to fund infrastructure
improvements, system upgrades, and to reduce the various backlogs in
immigration services. This new dedicated account is separate from the
Examinations Fee Account(EFA)--the account that is funded by fees collected
from immigrants applying
for benefits.  Up to now, new infrastructure and system upgrades have been
paid for out of the EFA, which has been unable to pay for both the upgrades
and the adjudications of ever-increasing applications for immigration
benefits.

The bad news?  A lot of dominoes have to fall before this funding comes
through.  $34.8 million of the proposed ISCIA comes from direct
appropriations.  The remainder, $92.5 million, assumes two things: that
there is a restoration of 245(I), and that there is a new "Premium Service
Fee" of $1,000 for business-related applications which will guarantee a
15-day turnaround time.  All proposals require separate legislation.

245(I), to refresh your memory, is a section of the immigration law which
allowed the adjustment of status of persons otherwise eligible for an
immigrant visa but here illegally, after payment of a $1,000 penalty fee.
It is this penalty fee that the administration is counting on for the
ISCIA. After a hard-fought battle, Congress eliminated Section 245(I) three
years ago, for all but those who had petitions pending as of January 14,
1998, and it is unclear that it is ready to fight the battle again.  Any
attempt to restore 245(I) would likely be fought to the death by House
Immigration Subcommittee Chair Lamar Smith (R-TX), who saw the provision as
a loophole for other enforcement provisions in the law.  On the other hand,
new voices are entering the immigration debate, including businesses that
are very
interested in stabilizing their workforce.  Section 245(I) has also been
attractive to appropriators in Congress, who see the $1,000 penalty fee as
an important revenue generator.

The $1,000 premium fee for business applications is contemplated to be used
in part for the special processing of these applications.  Leftover funds
would be used to fund the ISCIA.  The premium for business applications
does not exactly have immigrant advocates jumping up and down.  There is some
skepticism that the fee would actually go to reducing family immigration
and naturalization backlogs.  In a meeting with advocates in February, the
INS could not say how funds collected from this fee would translate into
reducing other backlogs.

Restoration of Benefits.  The Administration again proposes to restore
public safety net benefits eliminated by the 1996 welfare reform law.  The
benefits restoration would amount to $2.5 billion over the next five years,
and include the following:

* SSI and Medicaid eligibility would be restored to legal immigrants who
entered the U.S. after the enactment of the welfare law (8/22/96), who have
been in the U.S. for five years, and who become disabled after entry ($1.2
billion).

* Food Stamp eligibility would be restored to legal immigrants who were in
the country on or before 8/22/96 and subsequently reach age 65 ($135
million).  Adult legal immigrants who entered the U.S. on or before
8/22/96, and who are living in households with Food Stamp-eligible
children, would also have eligibility restored ($430 million).

* States  would be given the option of providing Medicaid or the State
Child Health Insurance Program (SCHIP) for legal immigrant children and
pregnant women regardless of their date of entry ($687 million).  Adult
legal immigrant parents of children covered by SCHIP or Medicaid would also
be covered in a proposed family coverage program ($513 million).

Congress has had hearings on many aspects of the budget, but it is too
early to guess the fate of any of these proposals.  The final decisions on
budget matters generally aren't made until just before Congress adjourns
(if not before the end of the Fiscal Year at the end of September).  This
year, Congress anticipates adjourning in early October.


9.  Web Site: Executive Office For Immigration Review (EOIR)

The EOIR is a Justice Department agency which includes the Immigration
Courts, the Board of Immigration Appeals (BIA) and the Office of the Chief
Administrative Hearing Officer (OCAHO) and various other subagencies.

We link to the EOIR homepage at

	http://shusterman.com/toc-dpt.html#5

Recently, we have noticed that the EOIR website has been updated to include
the following new sections:

* Special Report - Evaluation of the EOIR-Funded Rights Presentation Pilot
Project

* Q & As on the New Streamlining Procedures at the BIA

* BIA: Practice Manual and Questions and Answers


Of the three new additions, the "BIA Practice Manual and Questions and
Answers" is far and away the most helpful to immigrants in removal,
deportation and exclusion proceedings and their representatives. It
consists of the following three sections:

(A) Practice Manual: Guides attorneys and representatives on practice
before the BIA.

The Practice Manual is a 148-page document which contains 13 chapters on
the following subjects: (1) The BIA; (2) Appearances before the BIA; (3)
Filing with the BIA; (4) Appeals of Immigration Judge Decisions; (5)
Motions before the BIA; (6) Stays and Expedite Requests; (7) Bond; (8) Oral
Argument; (9) Visa Petitions; (10) Fines; (11) Forms; (12) Freedom of
Information Act; and (13) Other Information.  The Practice Manual also
contains the following eight appendices: (A) Mailing Addresses; (B)
Directory; (C) Organizational Chart; (D) Deadlines;(F) Forms; (G) Sample
Proof of Service and (H) Sample Certificate of Translation.

(B) Q & A's On Proceedings: Answers questions often asked by people with
cases before the BIA.

The Questions and Answers on Proceedings Before the Board is a 57-page
document which contains the following five chapters: (1) General Questions;
(2) Appeals Procedures; (3) Motions Procedures; (4) After An Appeal or
Motion Is Filed; and (5) Helpful Information including a Glossary, Sample
Cover Page and Directory of Important Phone Numbers.


(C) Q & A's On Oral Argument: Guides attorney and representatives through
the oral argument process.

The Questions and Answers on Oral Argument is a 10-page document containing
31 questions and answers.


All three of the above documents are in PDF format, were scanned into the
website, and were last updated on November 1, 1999.

Although these documents are extremely useful to attorneys and to the
general public, the BIA-Immigration Courts section of the EOIR website
leaves much to be desired.  Here are a few ideas for what needs to be done:

* Forms: The EOIR website does not allow persons to download BIA forms.  To
do so, one must visit a private website.  See

	http://shusterman.com/ctforms.html

When the INS placed their forms online last year, over one million forms
were downloaded within the first two months.  This is clearly a service
which the public desires.

* Court Listings: The EOIR publishes a nationwide list of Immigration
Courts, Court Administrators, Judges, Addresses and Phone Numbers.
Although it never seems to be current, it is still useful.  We post it at

	http://shusterman.com/toc-dpt.html#8

Why doesn't EOIR?

* Local Operating Procedures: A number of local immigration courts have
published their own operating procedures.  They often include such
important items as filing procedures, motions to change venue, withdrawal
or substitution of representation and continuances.  We post local
operating procedures at 15 locations around the U.S., from Arlington,
Virginia to San Francisco, California at

	http://shusterman.com/toc-dpt.html#8

We understand that the Immigration Court in Seattle, Washington has
recently proposed new operating procedures.

Shouldn't all existing and proposed operating procedures be listed on
EOIR's website?  Actually, the existing operating procedures are listed on
the EOIR web site, but are buried so deeply that it is easier to find the
Lost Continent of Atlantis than the local operating rules.

* Precedent Decisions: During the last half of the 20th Century, the BIA,
the Attorney General and the INS have published over 3,400 precedent
decisions.  These decisions are vitally important in determining the rights
of aliens under U.S. immigration laws.
The EOIR website has done a good job in posting new decisions since October
1996.  However, what about pre-October 1996 decisions?  The INS website
posts many, but not all, precedent decisions rendered between 1953 and
1998. See

	http://shusterman.com/toc-dpt.html#6

We hope that the EOIR will soon post a complete database of precedent
decisions, and indicate which have been reversed,
and which are still in force.


10. Answers to the Trivia Quiz: "Lennon Read A Book Of Marx"

While the song "American Pie" alludes to many Rock and Roll legends, from
Buddy Holly to Mick Jagger, the only individual mentioned by name in the
song is John Lennon of the Beatles (and "...while Lennon read a book of
Marx...").  For the lyrics to "American Pie", see

	http://www.americanpie2000.com/americanpie/

The Board of Immigration Appeals ordered Lennon deported in Matter of
Lennon, 15 I&N Dec. 9 (BIA 1974) because he had been convicted of
possession of marijuana in Great Britain.  Lennon escaped deportation when
his attorney, Leon Wildes, succeeded in having Lennon's deportation order
overruled in the Federal Court of Appeals, Second Circuit, in Lennon v.
INS, 527 F.2d 187 (2nd Cir. 1975).  The reason for the reversal was that
the British law for possession of marijuana did not require as an element
of the crime that Lennon had knowledge that he had marijuana in his
possession.  Therefore, the conviction violated the standards of American
jurisprudence and could not be used as a basis for deportation.

Another immigration attorney, Careen Brett Shannon (with a little help from
a friend), has adapted the lyrics of a Lennon-McCartney song in a way that
may tickle the funny bones of some of our subscribers who work in the IT
industry.  See

	http://shusterman.com/usa.html


The INS wasn't the only federal agency to go after John Lennon.  The FBI
also got into the act.  A recent article in the Christian Science Monitor,
"FBI to Scholars: We Want to Hold Your Hand" recounts the difficulties
encountered by scholars who used the Freedom of Information Act (FOIA) to
try to get the FBI to turn over its files on the rock star.  Unlike the
deportation case, the FOIA case went all the way up to the U.S. Supreme
Court.  See

http://www.csmonitor.com/durable/2000/02/17/fp15s1-csm.shtml


But I digress.  Who is the winner of this month's trivia quiz?  The
envelope, please...The winner is Hari Naidu!

Here is his winning entry:

"The answers to this months quiz as best as I can tell are:

A. John Lennon

B. 9 October 1940, Liverpool, England

C. Julia, John Lennon/Plastic Ono Band

D. Please click on the link below for the answer to D

http://www.ins.usdoj.gov/cgi-bin/folioisa.dll/interim.nfo/query=lennon/doc/{
@5099}/words=4?

or alternatively the path from your website is:

Click on BIA on the Alphabetical site index on the left.

Click on Decisions of the Board of Immigration Appeals under the heading
"Board of Immigration Appeals"

Click on Query

Search "Lennon"

Clicking on the hotlink above is easier!!

warmest regards,
hari"
*************************************************
When asked for further information, Hari replied:

"Thanx and it sure is nice to win something for a change!

Since I am a fan of the Beatles and loved `American Pie`, I knew instantly
that the person you were referring to had to be John Lennon. The answers to
B and C were relatively easy too since there are a multitude of sites
devoted to the Beatles. In this instance, the rollingstone.tunes.com
website had a pretty good biography of Lennon. The tough part as you know
was the answer
to D. I had to spend a good deal of time trying to get to the exact
decision of the BIA. Finally after some creative searches, I got to a
decision that mentioned the Lennon decision and since my wife was hollering
at me to go to bed, I decided that this would be my best effort answer and
sent off the e-mail.

About myself, I am a native of Malaysia and got my engineering degree at
the National University of Singapore. Came to the Bay Area three years ago
after being posted here by the Tokyo based company I work for. I am an
engineer in the optical networking field and am currently on an L1
temporary work visa.

Your website/newsletter is a tremendously useful resource which I use to
educate myself on immigration issues.

I have already filled in the consultation questionnaire on the website and
scheduled the appointment. Look forward to talking to you on Friday.

warmest regards,
hari"


Carl "How Come No One Said the 'White Album'?" Shusterman
March 11, 2000


P.S. - Next month, SHUSTERMAN'S IMMIGRATION UPDATE, in a desperate move to
attract new subscribers will premier its first annual swimsuit issue!