Immigration Practice guides
readers through all aspects of immigration law in one volume, complete
with over 3,000 footnote citations to the wide range of statutes,
regulations, court and administrative cases, policy memos, operations
instructions, agency interpretive letters, and internet sites that a
lawyer needs for complete understanding of a particular problem. No
other source merges the practical with commentary and analysis so
helpfully.
The
book explains in understandable language and meaningful and dependable
detail the substantive issues and the practical procedures a lawyer
needs to handle a specific immigration matter, complete with checklists
of forms, supporting evidence, and other strategies needed for
application/petition packages. The book has unparalleled coherence,
integration and consistency.
*
Liberally cross references to other sections in the book where related
topics are discussed (because so many topics are interrelated).
* Line-by-line instructions on how to complete the most commonly used forms to avoid embarrassing mistakes.
*
Lists the contents of packages to file with government agencies: forms
and fees, detailed support letters, and other supporting evidence.
*
Explanations of potentially applicable visa options organized
according to the attributes of the foreign national (and the employer),
rather than classifications in alphabetical order, so that
practitioners can make sense of options in light of the client in the
office.
*
Comparisons and charts of attributes and procedures of such topics as
nonimmigrant visa classifications, procedures to permanent residence,
and standards of "extreme" hardship.
*
Citations throughout the book, and collection in the extensive CD-ROM
Appendix, to primary source materials and the most useful Internet site
URLs with explanation of the increasingly helpful free databases and
tools available through each one.
• Internet Links: Constantly increased and
updated links to government web sites containing current contact
information, forms, primary law sources of all types, case status
information, and processing and substantive guides--all referenced by
pinpoint citations in the text. See Chapter 5 explaining sources of law,
Appendix C and D-1 showing web links, and the CD-ROM in the back cover
providing one-click access! Readers are strongly encouraged to review
and use the CD-ROM and to consider saving Appendix C, D-1, and E-1 into
their hard drives or saving the links to their internet browser
"favorites" or "bookmarks" for ready reference all the time.
• Upgraded removal-related treatment: significant improvements to Chapters 10, 11, and 16 by attorney who has worked for immigration courts several years.
• Supreme Court decisions: effects of limited
marijuana distribution offense as aggravated felony (§ 10-6(b)(1)(vi));
tax offenses as aggravated felonies (§ 10-6(b)(1)(vi)); rejection of
"comparable grounds rule" for 212(c) eligibility (§ 10-6(b)(1)(vii));
modified categorical approach applies only to divisible statutes (§
10-6(b)(2)(i)); non-retroactivity of Padilla decision (§
10-6(b)(2)(vi)); rejection of the "statutory counterpart rule" for §
212(c) waivers (§ 11-5(f)); invalidation of the Defense of Marriage Act §
14-7(a)(2)(i)); non-imputation to child of firm resettlement of parents
(§ 16-4(c)).
• Lower federal court decisions: concerning
such issues as: recognizing a beneficiary to have standing to challenge a
USCIS petition denial (§ 2-2(a)(1)(I)); reviewability of good moral
character determinations and other (§ 2-2(a)(1)(I)); court order of
USCIS to speed up FOIA certain responses (§ 4-2); CBP FOIA process (§
4-2); DOL case disclosure data (§ 4-5); need to exhaust remedies under
DHS TRIP to challenge inclusion on watch list (§ 10-3); CIMT crime
determinations (§ 10-6(b)(1)(iii)); effect of a single firearm sale (§
10-6(b)(1)(vi)); 212(h) waiver eligibility in regard to post-entry
adjustment but not as to stand alone request (§ 10-6(b)(3));
interference with police helicopter using laser light as CIMT (§
10-6(c)); whether post-entry adjustment is an admission for § 212(h)
waivers (§ 10-6(b)(3)); whether there is an involuntariness or duress
exception to the terrorism support bar (§ 10-6(c)); enforcement of I-864
financial support obligations (§ 10-6(d)(2)); mandatory bond hearing
after six months of detention
(§ 11-3(f)); ICE detainers found to lack authority (§ 11-3(g));
representation in immigration court at government expense for aliens
with serious mental disabilities (§ 11-4(g)); stop-time and petty
offense exceptions relating to cancellation of removal (§ 11-5(f));
revelation of the BIA's erroneous reliance for decades on nonexistent
provisions of Mexican Constitution affecting legitimation issues (§
12-3(d)(3)); rejection of BIA's rule against nunc pro tunc adoption
orders (§ 14-7(b)(3)); invalidation of FSBPT efforts to restrict
applicants from certain countries to sit for physical therapy exams (§
15-2(c)(2)); use of impeachment evidence only to terminate asylum
(16-2(b)); asylum claims of German homeschoolers, and mixed motive cases
(§ 16-4(a)(3)); social group asylum claims (§ 16-4(a)(3)); expansive
implications of inconsistencies in testimony (§ 16-4(a)(4));
"particularly serious crimes" barring asylum claims (§ 16-4(c)); special
asylum procedures for unaccompanied children (§ 16-4(c)); adjustment
eligibility of alien who entered without inspection and then obtained
TPS (§ 16-7(a)(6)); eligibility of after-acquired spouse under Cuban
Adjustment Act (§ 16-7(e)); preempted state law provisions aimed at
aliens, employers, and landlords (§ 19-4(l)(3)).
• BIA decisions on such issues as: what
constitutes a drug trafficking crime (§ 10-6)(b)(1)(iv); implications of
child pornography conviction (§ 10-6(b)(1)(vi)); possession of
ammunition by a convicted felon (§ 10-6(b)(1)(vi)); availability of
"stand-alone" § 212(h) waiver without adjustment application (§
10-6(b)(3)); service of NTA on a minor (§ 11-3(b)); service of NTA and
other safeguards for aliens with serious mental conditions (§ 11-4(g));
approval of administrative closure of removal cases (§ 11-5(d));
termination of asylum, then removal and relief in proceedings
(§16-2(b)); relocation issues in asylum claims (§ 16-4(a)(3)).
• Regulations, government policy memorandums, other decisions, and government web site enhancements concerning such matters as:
differing government renderings of single name for certain persons (§
1-6(a)(3)); USCIS refusal to accept stamped signatures for attorneys on
G-28 (§1-6(a)(3)); USCIS use of bar codes for forms, and danger of
making marginal notes on forms (§1-6(a)(3)); USCIS use of
customer-completed "e-Request Service" inquiries (§ 2-2(a)(1)(F));
movement of all visa processing to the electronic CEAC system (§
2-3(a)); replacement of the CBP Inspectors Field Manual with the
Officer's Reference Tool and the beginning effort to replace the USCIS
Adjudicators Field Manual with the online Policy Manual (§ 5-4);
replacement of the paper I-94 card for air and sea entries with an
"automated" online I-94 record (§ 7-4(b) and other sections); new
section on "Other Redress for Adverse Results (on visas and admissions, §
7-4(c)(14)); the radical implications of Matter of Arrabally and
Yerrabelly concerning the effects of departure under advance parole (§§
8-7(d)(2)(i) and 10-6(f)); modernization of the immigrant visa process
(§ 8-8); new "Provisional Unlawful Presence Waivers" within the U.S.
using Form I-601A (§ 10-6(f)); exception to false claim to U.S.
citizenship inadmissibility if claim made before individual was age 18
(§ 10-6(g)); EOIR Online representative registration system (§ 11-3(e));
ICE Parental Interests Directive and ICE "eBOND" online bonding process
(§ 11-3(f)); ICE non-renewal of 287(f) agreements (§ 11-3(g)); Deferred
Action for Childhood Arrivals (§ 11-3(h)(3)); ICE recognition and
implementation of statute allowing post-removal challenges (§11-8(b));
new USCIS Policy Manual provisions on naturalization eligibility and
process, including residence, selective service, § 319(b) special rules,
and other issues, and new N-400 form and instructions (Chapter 12);
Government-side implementation of the Supreme Court's recognition of
same-sex marriage (various chapters); exceptional circumstances allowing
foreign-country filing of I-130 petitions where no USCIS office is
located (§ 14-5(a)); implications of a withdrawn I-140 (§ 15-1(h));
various policy developments concerning EB-5 investors (§ 15-2(f));
numerous BALCA cases and DOL positions affecting the PERM labor
certification process and the publication of data about applications (§
15-3); updated Affirmative Asylum Procedures Manual (§ 16-3(a)); USCIS
memo on "exceptional circumstances" for failure to appear at asylum
interview (§ 16-3(a)(1)(iii)); litigation settlement agreements to share
asylum officer interview notes in FOIA (§ 16-3(a)(2)), concerning
asylum applicant work authorization process and "Clock" (§ 16-3(c)), and
failure to appear at I-730 interview (§ 16-3(f)); bundling of related
L-1 petitions (§ 17-3(b)(4)(i)); presumed L-1 visa validity for maximum
reciprocity duration but sometimes more limited stays from CBP (§
17-3(b)(7)); filing I-129 petition for Canadian TN, and duration of
Mexican TN separate from visa validity (§ 17-4(c)(2)(ii)); H-1B and H-2A
flip-flopping administrative and congressional positions (§ 17-4(d) and
17-5(e)(1)); "B-1 in lieu of H" in effect but "under review" (§
18-3(1)(2)(B)); accreditation requirements for F-1 language training
programs (§ 18-4(d)(1)); cessation of CBP stamping of I-20 forms (§
18-4(d)(3)); use of electronic ELIS system for certain changes of status
(§ 18-4(d)(4)); new "cap gap" and STEM OPT extension policies (§
18-4(d)(9)(iii); possible need for separate waivers for different J
experiences subject to § 212(e) (§ 18-5(b)(2)(ix)); revisions to M-274
Handbook for Employers for I-9, USCIS "I-9 Central" web site, and IRS
tightening of ITIN application process (§ 19-4(b)); ICE policies about
auditing electronically generated I-9 forms (§ 19-4(h)); OCAHO
reductions of ICE I-9 fines on employers (§ 19-4(j)); ICE definition of
"technical and procedural" errors subject to correction under good faith
rules (§ 19-4(j)); USCIS revision of E-Verify MOU and new notice to
workers about TNC resolution, expansion of E-Verify "photo tool," and
"lock out" of suspect SSNs from E-Verify (§ 19-4(l)(1)).