[Note: Thanks to the many attorneys and paralegals who have contacted me to be added to our new mailing list for attorneys. We expect to begin circulating the list soon and appreciate your patience. Those who still wish to be added to this free list in order to receive special mailings geared to immigration professionals can simply e-mail me the request and include name, title, firm name and address. And its always nice to get a little background information on your practice.]

Stephen Yale-Loehr, the well known author of Matthew Bender's Immigration Law and Procedure treatise is seeking information on ways to avoid, delay, or remedy the 3 and 10 year bars under INA Section 212(a)(9)(B) and (C). He has the following questions:

1. Does anyone have any experience filing INA 212(a)(9)(B)(v) waivers to remedy the new bars? Is it true that the waiver cannot be filed while the alien is still in the US? How long did it take a consular officer or the INS to decide these waiver application? How are they defining "extreme hardship" for purposes of the waiver?

2. Has anyone tried to file a 212(d)(3) waiver to remedy a 3/10 year bar proglem? If so, did it work? What were the circumstances? What factors did you cite as reasons for granting the waiver application?

3. Has anyone tried to file an application for advance permission to reenter to remedy a 3/10 year bar under INA Section 212(a)(9)?

4. For persons lawfully admitted or paroled into the US, the "unlawfully present" periods are tolled for up to 120 days during the pendency of a timely filed "nonfrivolous" application for a change of extension of status, providing the applications were not employed without authorization before the application was filed or while it was pending. Has anyone had any experience with how the INS is defining "nonfrivolous" applications in this context? Is it the same as for asylum applicants? What happens if the INS fails to decide the application within 120 days?

5. Normally, time spent in proceedings before an immigration judge or on appeal is not a period of authorized stay unless the alien appeals. An INS memo on states that if the admission period expired during the course of proceedings, unlawful presence begins to accrue "as of the date of the order." What does the INS mean by "order" here?

6. What if an adjustment of status applicant works after filing the adjustment application but before receiving work authorization? Does this constitute unlawful presence.

Anyone wishing to assist Mr. Yale can send him email at swy1@cornell.edu.

Pamela Goldberg (prg@maclaw.law.cuny.edu) , a law professor at CUNY School of Law in Flushing, New York and Karen Musalo (musalo@netcom.com) , Director of the International Human Rights/Migration Project in Santa Clara, California are working on a project to investigate claims for asylum in the US being raised by women from Afghanistan. If you have any such cases or know of any, they ask that you contact them.

The American-Arab Anti-Discrimination Committee is looking for individuals who qualified for the Persian Gulf Evacuee/Deferred Enforced Departure Program but who have not yet received permanent status. A private bill was introduced by Congressman Nick Rahall (D-WV) and a cut-off date will soon be applied. Anyone not included in the private bill must apply for another alternative for a permanent status. Contact the ADC Legal Department at 202-244-2990 or email them at ADC@ADC.org.

The American Civil Liberties Union is preparing an appeal in the Soriano case challenging the retroactivity of AEDPA's repeal of Section 212(c) relief for certain criminal aliens and the effect of the judicial review provisions of IIRAIRA on district court habeas jurisdiction. The ACLU is interested in contacting attorneys who have litigated or are currently litigating federal court cases raising the Soriano issue in the Tenth Circuit or a district court in the Tenth Circuit. They are especially interested in cases where the court dismissed for lack of jurisdiction a petition for review raising the Soriano issue. If you can help, call Cecilia Wang at 415-621-2493 ext. 16 or send e-mail to cwang@aclu.org.

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