Board of Immigration Appeals Practice Manual

Author: U. S. Department of Justice

Publisher: N.A

ISBN: 9781387132812

Category: Reference

Page: 216

View: 568

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1.1 Scope of the Practice Manual (a) Authority. - The Board of Immigration Appeals has the authority to prescribe rules governing proceedings before it. 8 C.F.R. 1003.1(d), (4). (b) Purpose. - This manual describes procedures, requirements, and recommendations for practice before the Board of Immigration Appeals. This manual is provided for the information and convenience of the general public and for parties that appear before the Board. (c) Disclaimer. - This manual does not carry the weight of law or regulation. This manual is not intended, nor should it be construed in any way, as legal advice, nor does it extend or limit the jurisdiction of the Board as established by law and regulation. (d) Revisions. - The Board reserves the right to amend, suspend, or revoke the text of this manual at its discretion. To obtain updates of this manual, see Chapter 14.2 (Updates to the Practice Manual).

What Every Lawyer Needs to Know about Immigration Law

Author: Jennifer A. Hermansky,Kate Kalmykov

Publisher: Amer Bar Assn

ISBN: 9781627225434

Category: Law

Page: 562

View: 6163

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Given the many ways in which immigration law can affect a single individual as well as as large corporation, most lawyers will encounter a client needing immigration law advice. Yet for the nonspecialist, immigration law can be daunting, particularly because it is governed by a complex mix of statutes, regulations, and federal and administrative court guidance as well as by adjudicatory policies from multiple administrative agencies. Thus, it is important for lawyers to understand how best to spot immigration issues for clients, and when to involve an immigration attorney for assistance with a client. This book was written by immigration law specialists who insights, guidance, and practice tips can offer help in understanding these issues. The book is meant to provide attorneys working in various areas of law with enough information to identify problematic immigration issues, counsel their clients accordingly and if the matter is advanced to know when to advise the client to consult with immigration counsel.It will also introduce attorneys to the myriad of agencies involved in the immigration process."

Approaching the Bench from Inside the Immigration Court

Author: William K. Zimmer

Publisher: AuthorHouse

ISBN: 1481729063

Category: Law

Page: 210

View: 2641

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This is a book about the immigration court seasoned with observations and some anecdotal humor. The book also serves as a practical guide for attorneys and laymen who are interested in immigration matters within the jurisdiction of the United States immigration courts. In addition, this book provides a historical overview of the evolution of immigration law in relation to the role of the Immigration Judge, including suggestions for improvements in the institutions that enforce and administer United States immigration law.

Understanding Immigration Law and Practice

Author: Ayodele Gansallo,Judith Bernstein-Baker

Publisher: Wolters Kluwer Law & Business

ISBN: 1454850388

Category: Law

Page: 738

View: 4135

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Understanding Immigration Law and Practice offers a thorough, accessible, and practical approach to understanding and putting to use U.S. laws and regulations to help protect refugees, bring needed workers to the U.S, and reunite families. Attuned to the sensitivity and responsibility necessary to ensuring just results in high stakes immigration cases, the authors provide readers with in-depth, information and freely offer their knowledge and insights into the complex legal issues faced by immigration clients, while proposing strategies for the professionals seeking to help them. Key Features: Authors with more than twenty-five years combined front-line experience. Compact, accessible coverage of complex fluctuating U.S. immigration law and regulations, including: Nonimmigrant visas, including B-1/B-2, H-1Bs, and visas for investment and trade. Immigration for humanitarian immigrants: asylum seekers, refugees, and SIJ, U, and T visa applicants. Permanent Labor Certification Program (PERM). Lawful permanent resident applications based on family relationships, employment, and investment, including adjustment of status and consular processing. Grounds of inadmissibility, deportation, and immigration court removal processes, including waivers. Naturalization and citizenship eligibility. Balanced coverage of statutory and procedural rules with practical insights to aid in problem solving. Numerous cases for discussion, with responses on the companion website to encourage student participation and retention. Frequent vivid examples and cases from real life to assist readers in translating legal rules and theory into practice. Tools for student success, including learning objectives, marginal notes on key terms, and many documents and illustrations from actual practice. A chapter on managing the immigration practice, including performing case assessment and interviewing.

Understanding Immigration Law and Practice

Author: Ayodele Gansallo,Judith Bernstein-Baker

Publisher: Wolters Kluwer Law & Business

ISBN: 1454880333

Category: Law

Page: 738

View: 7698

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Understanding Immigration Law and Practice offers a thorough, accessible, and practical approach to understanding and putting to use U.S. laws and regulations to help protect refugees, bring needed workers to the U.S, and reunite families. Attuned to the sensitivity and responsibility necessary to ensuring just results in high stakes immigration cases, the authors provide readers with in-depth, information and freely offer their knowledge and insights into the complex legal issues faced by immigration clients, while proposing strategies for the professionals seeking to help them. Key Features: Authors with more than twenty-five years combined front-line experience. Compact, accessible coverage of complex fluctuating U.S. immigration law and regulations, including: Nonimmigrant visas, including B-1/B-2, H-1Bs, and visas for investment and trade. Immigration for humanitarian immigrants: asylum seekers, refugees, and SIJ, U, and T visa applicants. Permanent Labor Certification Program (PERM). Lawful permanent resident applications based on family relationships, employment, and investment, including adjustment of status and consular processing. Grounds of inadmissibility, deportation, and immigration court removal processes, including waivers. Naturalization and citizenship eligibility. Balanced coverage of statutory and procedural rules with practical insights to aid in problem solving. Numerous cases for discussion, with responses on the companion website to encourage student participation and retention. Frequent vivid examples and cases from real life to assist readers in translating legal rules and theory into practice. Tools for student success, including learning objectives, marginal notes on key terms, and many documents and illustrations from actual practice. A chapter on managing the immigration practice, including performing case assessment and interviewing.

Immigration Law and Procedure in a Nutshell

Author: David S. Weissbrodt,Laura Danielson,Howard S. Myers (III)

Publisher: N.A

ISBN: 9781683288985

Category: Emigration and immigration law

Page: 760

View: 2082

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This compact, comprehensive title offers a thorough overview of the history, constitutional basis, statutory structure, regulatory provisions, administrative procedure, and ethical principles related to immigration law and practice. Updated to reflect developments since the 2016 Presidential election, it is valuable both as a teaching and a practice reference.

Immigration Practice - 15th Edition

Author: Robert C. Divine

Publisher: Juris Publishing, Inc.

ISBN: 1578233461

Category: Law

Page: 1758

View: 2226

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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)).

Immigration Law Handbook 2013

Author: Margaret Phelan,James Gillespie

Publisher: Oxford University Press

ISBN: 0199659702

Category: Law

Page: 1771

View: 1688

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Providing an invaluable reference for immigration practitioners, this book builds on the proven success of previous editions to offer the most up-to-date coverage of recent immigration legislation, selected and annotated by experts with a wealth of practical experience.

The Child Protection Practice Manual

Training practitioners how to safeguard children

Author: Gayle Hann,Caroline Fertleman

Publisher: Oxford University Press

ISBN: 019101740X

Category: Medical

Page: 304

View: 7415

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Around 85 children die each year in the UK due to abuse or neglect. A number of these deaths are later deemed preventable because the child involved was known to either social services or to a health professional. Cases such as those of Baby P and Victoria Climbie highlighted the failings of these organisations, ones set up to safeguard children. It is the responsibility of every health professional worldwide to identify and respond to child abuse and yet that very responsibility is both emotionally and strategically challenging. The Child Protection Practice Manual: Training practitioners how to safeguard children equips professionals with the ability to recognise a child at risk and the knowledge of how to work with a child already suffering abuse. Practical advice is offered on how to navigate the multi-disciplinary processes. Fictional case studies and exercises immerse the reader in scenarios. Building on this, the authors lead readers through learning points, recommendations, and legislation. With new definitions in child protection ranging from child sexual exploitation, gang violence, radicalisation and internet bullying through to female genital mutilation, witchcraft and spirit possession, honour based violence and forced marriage, this book will be a valuable resource for qualified paediatricians and those in training, as well as professionals who have contact with children such as GPs, nurses, health visitors, social workers, midwives, teachers, lawyers, and community workers.

Immigration Practice

Author: Robert C. Divine,R. Blake Chisam

Publisher: N.A

ISBN: 9781578232185

Category: Emigration and immigration law

Page: N.A

View: 4139

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Refugee Roulette

Disparities in Asylum Adjudication and Proposals for Reform

Author: Philip G. Schrag,Andrew I. Schoenholtz,Jaya Ramji-Nogales

Publisher: NYU Press

ISBN: 9780814741054

Category: Political Science

Page: 368

View: 6705

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Through the Refugee Act of 1980, the United States offers the prospect of safety to people who flee to America to escape rape, torture, and even death in their native countries. In order to be granted asylum, however, an applicant must prove to an asylum officer or immigration judge that she has a well-founded fear of persecution in her homeland. The chance of winning asylum should have little if anything to do with the personality of the official to whom a case is randomly assigned, but in a ground-breaking and shocking study, Jaya Ramji-Nogales, Andrew I. Schoenholtz, and Philip G. Schrag learned that life-or-death asylum decisions are too frequently influenced by random factors relating to the decision makers. In many cases, the most important moment in an asylum case is the instant in which a clerk randomly assigns the application to an adjudicator. The system, in its current state, is like a game of chance. Refugee Roulette is the first analysis of decisions at all four levels of the asylum adjudication process: the Department of Homeland Security, the immigration courts, the Board of Immigration Appeals, and the United States Courts of Appeals. The data reveal tremendous disparities in asylum approval rates, even when different adjudicators in the same office each considered large numbers of applications from nationals of the same country. After providing a thorough empirical analysis, the authors make recommendations for future reform. Original essays by eight scholars and policy makers then discuss the authors’ research and recommendations Contributors: Bruce Einhorn, Steven Legomsky, Audrey Macklin, M. Margaret McKeown, Allegra McLeod, Carrie Menkel-Meadow, Margaret Taylor, and Robert Thomas.

States Without Nations

Citizenship for Mortals

Author: Jacqueline Stevens

Publisher: Columbia University Press

ISBN: 0231148771

Category: Philosophy

Page: 364

View: 1030

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As citizens, we hold certain truths to be self-evident: that the rights to own land, marry, inherit property, and especially to assume birthright citizenship should be guaranteed by the state. The laws promoting these rights appear not only to preserve our liberty but to guarantee society remains just. Yet considering how much violence and inequality results from these legal mandates, Jacqueline Stevens asks whether we might be making the wrong assumptions. Would a world without such laws be more just? Arguing that the core laws of the nation-state are more about a fear of death than a desire for freedom, Jacqueline Stevens imagines a world in which birthright citizenship, family inheritance, state-sanctioned marriage, and private land ownership are eliminated. Would chaos be the result? Drawing on political theory and history and incorporating contemporary social and economic data, she brilliantly critiques our sentimental attachments to birthright citizenship, inheritance, and marriage and highlights their harmful outcomes, including war, global apartheid, destitution, family misery, and environmental damage. It might be hard to imagine countries without the rules of membership and ownership that have come to define them, but as Stevens shows, conjuring new ways of reconciling our laws with the condition of mortality reveals the flaws of our present institutions and inspires hope for moving beyond them.

Immigration Law for Paralegals

Author: Maria Isabel Casablanca,Gloria Roa Bodin

Publisher: N.A

ISBN: 9781611635140

Category: Emigration and immigration law

Page: 492

View: 4876

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Immigration Law for Paralegals is an indispensable and practical guide on U.S. immigration, citizenship and visa procedures for instructing and training students or anyone interested in a career as an immigration paralegal or legal assistant. This fourth edition updates and expands the third, including coverage of Provisional Unlawful Presence Waiver and DACA (Deferred Action for Childhood Arrivals). Contents of Immigration Law for Paralegals include: interviewing, gathering information, case management and document preparation techniques; analysis of temporary and permanent employment visas; analysis of family-based petitions, political asylum and naturalization; as well as samples of completed applications, a glossary of terms and useful appendices. Each visa category is set forth in a clear and concise manner, with real-life and hypothetical situations at the end of each chapter, allowing students to visualize actual problems and issues that arise when processing a case. Further, in responding to the hypothetical situations, students will look to the United States immigration statutes, rules and regulations and precedent and administrative policies to resolve issues. Additionally, each section contains a completed sample application, definition of legal terms, and exercises modeled after tasks paralegals may encounter on the job, including the preparation of relative petitions (Form I-130) and the adjustment of a status package (Forms I-485, G-325A, I-131, I-765, I-864A, and G-28). In keeping with the concise format of each chapter, excerpts from Federal, AAO, and BIA decisions will be cited or footnoted where relevant. The Glossary and Appendices include Immigration Law resources; USCIS Local, Regional and Service Center addresses; questions and answers for the naturalization exam; blank USCIS forms; Credential Evaluation sample request forms and a list of agencies; sample USCIS color photograph specifications, sample medical form (I-688); and IRS Individual Tax ID Number Request (SS-4). The fourth edition includes a CD with fillable PDF forms.