Kurzban`s 13th Index - American Immigration Lawyers Association

Transcription

Job Name:
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Time:
❏ OK to proceed
❏ Make corrections and proceed
❏ Make corrections and show another proof
Signed: ___________________ Date: ______
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SUBJECT MATTER INDEX
Alphabetization is word-by-word (e.g., “L Visas” precedes “Labor Certification”)
3- and 10-year bars, see Unlawful presence
42 USC §1983, see Litigation
§212(c), see INA §212(c)
§245(i), see Adjustment of status
§245(k), see Adjustment of status
A
A visas (diplomats)
see also Diplomats
adjustment of status, 1039
cancellation under INA §222(g), 767, 930
comparison of diplomatic visas, 928
consular interview, waiver of, 761–62
criteria, 929–30
deferred action, 930
family members, 930
employment, 930
inadmissibility, 106–7, 929
loss of LPR status, 930
overstays, 767, 930
procedures, 929
unlawful presence, 110
AAO review, 1308–10, 1335–36, 1615, 1618
appeal process, 1309–10
petitioner, not beneficiary, can appeal, 1310
reopen, motions to, 1309
untimely appeal treated as motion, 1309, 1335–36
abandonment
of application for relief, see Relief from removal
child abandonment
as CIMT, 94
as deportation ground, 244–46
of residency, see Lawful permanent residents
ABC litigation, see American Baptist Church (ABC)
litigation
abortion
assault with intent to commit abortion
inadmissibility for, 91
forced abortion, see Forced abortion/sterilization
absconders
criminal charges, 298
procedure to arrest, 345–48, 522–24
absentia hearings, see in absentia hearings
absolute immunity, see Litigation
abuse, see Child abuse; Spousal abuse; VAWA petitioners
abuse of discretion
detention, 171
extreme hardship, 1256–57, 1460–61
failure to exercise discretion, 1460
inconsistent decisions as, 1458–60
motion to reopen, 734–35, 1333–34, 1461–62
standard of review, 1457–67
academic students, see F visas
accessory after the fact
aggravated felony, 214, 222–24
crime of moral turpitude, 84, 87, 93, 101, 260
accompanying
defined, 1005
derivative status, 1013
accredited representatives, 427, 436–37, 464
acquiescence
to circuit court decisions, 1282–83
by government officials (persecution), 608–10, 638
Adam Walsh Child Protection and Safety Act, see
Child abuse
ADIS (Arrival and Departure Information System),
see Travel
adjustment of status, 1035–61
see also specific types of petitions and visas, specific
nationalities, etc.
§245(i), 10, 14, 1048–54
approvable when filed, defined, 1050–52
grandfathering, 1050–52
labor certification, 1048, 1050–51
reinstatement of removal order, 1053–54
removal proceedings, 1052–53
spouses, 1048, 1050–52
§245(k), 10, 1054–56
abandonment, 1045
admission, adjustment of status not an, 41, 62, 1045–
46
advance parole, see Advance parole
affidavits of support, see Affidavits of support
aged-out children, see Aged-out children
agreement by ICE counsel, see Prosecutorial discretion
Alien Registration Receipt Card (I-551), 965, 1063–64
arriving aliens, see Arriving aliens
asylees, see Asylees and refugees
concurrent filing, 973, 1024, 1098, 1100
conditional residents, 988–90, 1042, 1048, 1263
crewmembers, see Crewmembers
denial of adjustment, 988, 1037–44, 1060, 1205–6
denial of petition, 1028–29
differences with immigrant visa, 1031
diplomats/foreign officials, 928, 932, 1039
discretionary denial, 1044–45
employment as bar to, 1037–38, 1049, 1055
employment authorization, 1059–60
same document as advance parole, 1058
employment-based immigration, see Employmentbased immigration; specific visa types
entry, not an, 41, 62, 1045–46
fiancées, see K-1 and K-2 visas
1983
❏ OK to proceed
Signed: ___________________ Date: ______
adjustment of status, cont’d
filing, 1024, 1036–37, 1056–57
ICE counsel agreement, see Prosecutorial discretion
ineligibility for, 1037–44, 1205–6, 1263
judicial review, see Judicial review
jurisdiction, 1056–57
lawful admission, 62
lawfully present as condition for, 1035–36
legislative history, 1035, 1048, 1054
nunc pro tunc permission to reapply for admission,
1268–69
orphans, see Adopted children
petition with DHS, 1024, 1056–57
prosecutorial discretion, see Prosecutorial discretion
readjustment in proceedings, 1266
reentry permit, 1062
refugees, see Asylees and refugees
remand, 1293–96
removal proceedings and AOS, 1046–48, 1263–66
continuances for adjustment, 401–3, 1264
deportability not bar to adjustment, 1044, 1046, 1265
inadmissible aliens, 1046–48
waiver of inadmissibility, 1265–68
joint motion to dismiss for AOS, 382
LPRs in removal proceedings, 1234, 1266
marriage while in proceedings, 990–93, 1039–41
motions to reopen, 1264, 1313–14
post-adjustment proceedings, 1061
reinstatement of removal, 1053–54
voluntary departure, effect of, 1265
rescheduling interview, 1045
rescission, 1060–61
revocation of petition, 1029–30, 1124–25
special immigrants, see Special immigrants
tax returns, 76, 1067–69
transferring adjustments, 1045
travel, 1057–59
unlawful presence
three/ten-year bar, 108–9, 1052, 1059
tolling of, 111
USA PATRIOT Act, 1019–21
VAWA, 972
venue, 1056–57
visa availability, 1036–37
regression of visa, 1036–37
visa waiver program, 786–87, 1042–43
withdrawal of relief, 1205–6
adjustment of status, cont’d
Administrative Appeals Office, see AAO review
administrative closure, 472–73
administrative errors, expedited processing of, 778
administrative notice, 654–55, 1198, 1306–8
Administrative Procedure Act (APA)
rulemaking vs. adjudication, 1511–12
administrative record
discovery outside the record, 1455–56
federal review, 1454–56, 1492
immigration court, 474
old/stale asylum record, 734
1984
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KURZBAN’S IMMIGRATION LAW SOURCEBOOK, 13TH ED.
administrative review, 1277 et seq. (Ch. 9)
see also Federal jurisdiction; Judicial review; specific
tribunals and substantive issues
Administrative Appeals Office, see AAO review
aggravated felons, 1277, 1334
asylum cases, see Asylees and refugees
BAR, see Board of Appellate Review
BIA, see BIA review
bonds, see Bonds
choice of law, 1449, 1489–91
claims processing rules, see Federal jurisdiction
conviction (finality), 254–55
deference to agency interpretation, 1471–82
Department of Homeland Security, 1296, 1308–9
departure during appeal, 1291–92
dilatory or frivolous appeal, 437, 1289
exchange visitors, see J visas
exhaustion, see Exhaustion of administrative remedies
expedited removal, 162–63
fugitive status, 1334
in absentia hearings, see in absentia hearings
judicial deportation, 7, 10, 502–3
labor certification, see BALCA review
LAU, see Legalization Appeals Unit
medical waiver, 70
OCAHO review, see Employer sanctions
order appealable to circuit court, 1482–85
petitioner (not beneficiary) as appellant, 1194, 1277
scheduling, 1194–98, 1283–88, 1308–9
summary removal order, 162–63
terrorist acts, 503
timeliness, 1194, 1196–97, 1283–88, 1308–9
unfair employment practices, 1310
wrongful deportation, 1448
admission
see also Inadmissibility grounds;
Removal proceedings—inadmissibility
adjustment of status not an admission, 41, 62, 1045–46
applicant for, 60–61
border inspection, 156–60
burden of proof, 65, 70, 90, 113, 124–25, 132–33, 164,
181–83
cancellation of visa, 165, 507
challenges to lookout system, 157–58
constitutional questions, 39–41, 46, 61, 166–68, 173–75
credible-fear determination, 161, 626–27
criminal admission, 456
controlled substance offense, 101–2
crime of moral turpitude, 81–82
criminal penalties, 268–94
deferred inspection, 164
departure, as precondition for, 61
derogatory information removed, 157–58
drug crimes, 101–2
entry and exit system, 771
entry not defining act, 59–60
error, correcting after entry, 773
EWI, 118–19
Fleuti doctrine (abandoned), 63–65
flexible definition, 63
inadmissible at entry, deportation ground, 186
judicial admission
counsel’s acts binding, 434–35
❏ OK to proceed
Signed: ___________________ Date: ______
lawful admission as defining concept, 59–60
lookout book, 156–57
of LPRs, see Lawful permanent residents
material misrepresentation, 121–25
medical inspection, 159
NSEERS, see NSEERS (special registration)
parole not an admission, 60
PORTPASS, 160
presumptions against, 759–60, 1014
primary inspection, 156
procedures for, 156–86, 759–74
reapplication nunc pro tunc waivers, 184, 774, 1268–69
removal proceedings regarding, 160–64, 180–86
representation, right to during inspection, 158, 164
revocation of petition, 1124–25
secondary inspection, 156–59, 765–66
security clearance, 764–65
technology alert list (TAL), 128, 764–65
territorial sea, 61–62
time of initial admission, 765–66, 773
visa not required, 780–88
waivers, see Waivers
wet-foot/dry-foot, see Cubans
withdrawal of application, 165
adopted children, 976–83
battered adopted child, 977
criteria, 976–83
customary adoption, 978
Hague Convention, 12, 980–83
list of Convention countries, Apdx O
homosexual adoption, 980
legal custody requirement, 976–77
legislation, 12
LPR provision for birth abroad not applicable, 978
naturalization, 1626, 1644
orphans, 979–83
adjustment limited, 979, 983, 1044
born out-of-wedlock, 979–80
Child Citizenship Act, 983
distinguished from adoption, 979–80
procedures, 979–81
U.S. citizenship upon entry, 983, 1625
petition for natural parents not permitted, 978
petition for natural siblings, 978
priority dates, see Priority dates
relation to natural family, 977–78
residency requirement, 976–77
siblings, adopting, 977–78
vaccination waiver, 67
advance parole, 60, 64–65, 112, 1057–59
admissibility challenged, 1059
employment authorization jointly issued, 1058
H/L visa holders not required to have, 861, 912, 1057
K-3/K-4 visa holders not required to have, 1057
legalization, 1605
revocation of, 1059
third-country processing, 1035
three- and ten-year bar, 112, 1059
Advance Passenger Information System (APIS), see
Travel
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aged-out children
advanced degrees, see EB-2 visas; Foreign degrees
advisory opinions (DOS), see Department of State
affidavits of support (I-864), 71–78
125% rule, 71–74, 77
asylees, 72
battered spouse/child, 72
binding contract, 76–78
criminal issues, 78
death of sponsor, 15, 74–75
designation of sponsor, 71–72
diversity immigrants, 72
divorce, effect on support obligations, 77–78
documentary requirements, 75–76
domicile requirement, 73
enforcement of affidavit, 76–78
household members, 72–73
income requirements, 73–74
joint sponsor, 73
legislation, 8, 15
National Visa Center processing, 1031–33
not required, 72
poverty guidelines, 74
procedures, 75
public benefits, 1071–73, Apdx F
refugees, 72
self-petitioners, 72
special immigrants, 72
sponsor, 71–72
substitute sponsor, 73–75
support claim, 77–78
tax returns, 75–76, 1067–69
affirmance without opinion (AWO), 1279–81
exhaustion of remedies, 1279, 1425
judicial review of, 1279–81
procedure, 1279
Afghanis
special immigrant status, faithful and valuable service,
28, 1104–5
special immigrant status, translators, 23, 1103
Age Discrimination in Employment Act (ADEA),
1590
aged-out children
§245(i), 1052
accompanying, 1005
asylum, 539, 627, 746, 752
battered children, 970, 1007–8
beneficiaries of 2nd pref. petitions, 1006–7, 1010–13
CSPA, see Child Status Protection Act
diversity, see Diversity immigrants
employment-based, 1008, 1011–13
following to join, 1005–6
immediate relatives, 1008–10
K-4 visas, 938–39, 1010
mandamus for, 1380
naturalization of parent, 1010–11
petition process, 1009–13
refugees, 539, 748–49
USA PATRIOT Act, 1010, 1020
1985
❏ OK to proceed
Signed: ___________________ Date: ______
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agents
agents
H-1B visas, 828, 854
immigration agents, see Immigration agents
O visas, 896
P visas, 899
aggravated felons, 195–240, 310–13, 500–501
§212(c) relief, 194–95, 1231–40
asylum, 585, 594–95
bond, 363–73
burden of proof, 218–19, 234–35
cancellation of removal, 1225–26, 1243–44
categorical approach, 227–35
Convention Against Torture, 637
Davis/Barrett test, 199–204
definition, 195–240
relevance of sentencing guidelines, 309–13
deportation grounds, 195–240
“described in” language in statutes, 225
detention, see Detention
divisible statutes, 227–31
effective dates, 237–40
felony required, 197–98, 202–3, 224–25
foreign convictions, 227
hearings, see Expedited removal; Removal proceedings—deportation; Removal proceedings—
inadmissibility; Summary removal
history, 6–8, 10, 195
hybrid crimes, 214, 219–20
imprisonment, term of, 235–37
involves in language, 226
modified categorical approach, 227–32
naturalization, bar to, 1632
offenses, 195–224
accessory after the fact, 214, 223–24
aiding and abetting, 219, 223–24
arson, 208, 211
attempts, 219, 222–23
bribery, 221
burglary, 209, 211–13
child abuse, 195–98, 209, 211–12
child pornography, 215
commercial bribery, 221
conspiracy, 223
counterfeiting, 221
disclosure of intelligence agent, 216
document fraud, 220
drug trafficking, 198–204
DUI with serious injury, 206, 208
explosives, 204–6
failure to appear in criminal court, 222
failure to appear to serve sentence, 221
firearms offenses, 204–6
forgery, 220–21
fraud/deceit, 216–20
proving loss, 218–19
fugitive status, 221
gambling (RICO), 215
hybrid crimes, 214, 219–20
income tax, 216–20
manslaughter (involuntary), 209, 212
money laundering, 204
murder, 198
national defense, 216
obstruction, 221–22
passport, falsely making/altering, 220
perjury, 221
prostitution, 215–16
ransom, 215
rape, 198, 210
recidivism as basis for drug trafficking, 203–4
reentry after deportation for aggravated felony, 220
RICO, 215
robbery, 210, 212
sexual abuse of a minor, 195–98, 210
slavery, 215–16
smuggling aliens, 220
stolen property, 212–15
subordination of perjury, 221–22
theft, 212–15
trafficking in persons, 215–16
Travel Act, 204
two possession convictions, 203–4
vehicles, trafficking in, 221
violent crimes, 206–12
ordinary meaning of term, 226–27
petty offense, 237
presumption of deportability, 467, 500
probation sentence, 235–36
re-sentencing, 236, 266
record of conviction, 232–34
reentry after removal, 268–70
“relating to” language, 226
relief, 1208–9, 1214–15
retroactive application, 237–40
sentence, defined, 235–37
sentencing guidelines, 301–13
definition for INA purposes, 309–13
state-law violations, 224–25
summary removal, 467, 500–501
voluntary departure, see Voluntary departure
withholding of deportation, 600–601
agricultural workers, see H-2A visas; Special agricultural workers (SAWs)
aiding and abetting
aggravated felonies, 219, 223–24
AIDS/HIV
no longer grounds for inadmissibility, 66
airlines
crewmembers, see Crewmembers
employees, employment authorization, 791
fines, 315–16, 943
private aircraft entering U.S., 772
suspension, 316
Alford plea, 257–58
Alien Registration Receipt Card (I-551), see Green
cards
Alien Tort Claims Act, see Litigation
All Writs Act, 265, 1341–42, 1497
American Baptist Church (ABC) litigation, 10, 621–
22, 1252–53
1986
❏ OK to proceed
Signed: ___________________ Date: ______
American Competitiveness in the 21st Century Act
(AC21), 12–13
see also substantive headings
American Indians in Canada, see North American
Indians
American Recovery and Reinvestment Act of 2009,
28
American Taiwan Institute, 1099
amnesty, see Legalization; Special agricultural workers
amnesty fraud, 298, 1608, 1618
apparent eligibility
asylum, 406–7, 645
IJ duty to inform of relief in removal proceeding, 406–
7
appeals, see Administrative Procedure Act; Administrative review; Federal jurisdiction; Judicial review;
specific tribunals and substantive issues
approval notice
obtaining duplicate (I-824), 761, 764, 1045
area control operation, 340
Armed Forces of the U.S., see Military service
arrests
abused persons
enforcement actions against VAWA petitioners, Ts, and
Us; arrests in domestic shelters, 347
Bail Reform Act, 362–63
citizens, arrest of persons claiming to be, 346–47
DHS, 345–48
FBI authorized, 348
INA §239(e) compliance, 347
National Guard, 348
state and local law enforcement, 42–46, 347–48
USA PATRIOT Act, 347
Arrival and Departure Information System (ADIS),
see Travel
arriving aliens
adjustment, 1046–47, 1058
bond, 162, 167
burden of proof, 65, 164, 467
IJ has no jurisdiction over bond, 166–67, 354
Art. III issues, see Federal jurisdiction
assisting inadmissible persons to enter, 293
asylees and refugees
see also Convention Against Torture; Withholding of
removal
abandonment of application, 447, 465, 614, 631–32
abortion, forced, see subhead: Coercive population
control (in this heading)
access to applicant, 643–44
activities in U.S. as grounds for, 719–20
numerical cap lifted, 752
removal, 753
spouse divorced from principal, 752
travel, 753
administrative notice of changed conditions, 654–55,
1306–8
administrative record (stale or old), 734
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asylees and refugees
admission of refugees, 624–26
affidavit of support not necessary, 72
affirmative applications (Asylum Office), 626–33
appeal of decision, 633, 635–36
consequences of applying before, 590, 627
credible fear and reasonable fear, see subhead: Credible- and reasonable-fear determinations (in this
heading)
criteria to decide asylum, 633–35
discretionary denial, 633–34
incomplete application, 683–84
interview process, 631–33
jurisdiction, 626–27, 633, 636
locations of offices, 631, Apdx E
multiple filings, 590
NIV status, 631, 767
prior applications, consequences of, 627, 683–87
procedure, 626–27, 631–33
referral to IJ, 633
reinterview before deportation, 636
retention of documents, 632
revocation, 635
third-party disclosure, 551–52, 631, 650
timeliness of filing, 493–94, 590–93
use of application against asylee, 627
withholding claim, 633
aged-out children, 112, 539, 627, 746, 749, 752
aggravated felons, 585, 594
alternate theory of claim, 707
apparent eligibility, 406–7, 645
appeals
to BIA, 633, 654–55, 732, 1277 et. seq. (Chap. 9)
see also BIA review
clearly erroneous standard of review, 678–79, 732,
1281–82
denial of refugee status; requests for review, 538
judicial review, 535, 594, 733–45, 1349–50, 1408–12,
1465, 1468–69
application process, see subheads: Affirmative asylum
and IJ hearing (in this heading). See also specific
topics in this heading
assailants not identified, 729
Asylum Offices, 631, Apdx E
background checks, 632, 649–50
bars to, 536–37, 585–95, 628–30, 633–35
BIA review, see subhead: Appeals (in this heading)
bilateral agreement as basis to deny, 589–90, 633–34
biometric identification, 632, 649–50
bonds, 169, 353–55, 646–47
border, 626–27, 632
bribery to avoid persecution, 728–29
Bring Them Home Alive Act, 539
burden of proof, 650–56
deportability, 462
disfavored groups, 583
disqualifying ground, 594, 603
firm resettlement, 588–89
frivolous application, 629
past persecution rebuttal, 573–74
pattern or practice, 582–83
testimony as sufficient, 656–57
Bureau of Democracy, Human Rights, and Labor (f/k/a
BHRHA), 640
1987
❏ OK to proceed
Signed: ___________________ Date: ______
asylees and refugees, cont’d
Canadian-U.S. agreement, 589–90
cancellation of visa, 507
changed circumstances, 590
changed political conditions
rebutting past persecution, 574–79
reopening, 1323–27
well founded fear not established, 651–52
child applicants, 476–77, 642–43
child’s persecution as basis for parent, 642–43
circumstantial evidence, 720
circumventing refugee procedures, 634
citizenship-stripping as persecution, 547
civil war as grounds for persecution, 548
CLASS check, 632
classified information, 729
clearly-erroneous standard of review, 678–79, 732, 735
clock (EAD), 647–49, Apdx D
coercive population control
as persecution, 20, 536, 720–26
confidentiality, 551–52, 631
congressional designation of refugees, 538
conscientious objection, 550–51
conscription as persecution, 547–48, 550–51, 720
consequences of filing, 627–31
Convention Against Torture (CAT), see Convention
Against Torture
corroboration of claims, 655–75
see also subhead: Documentary evidence
(in this heading)
judicial review, 1412
past persecution, 580
post–5/11/05 claims, 658
REAL ID Act, 658–62
when not required, 662
corruption, challenging as grounds for, 727–28
counsel, right to, 644
countrywide persecution, 576–78
court personnel as grounds for, 726–27
credibility, see Credibility determinations
credible- and reasonable-fear determinations, 161–62,
169, 461–62, 626–27, 635–36
confidentiality, 631
parole, 161–62, 166–67, 170–71, 646–47
reinterview before removal, 636
telephonic interviews, 635
crew members, 635, 641–42
criminal grounds for denial, 585, 594–95
cumulative effect of persecution, 552–53
custodial interrogation, 543
custodial release, 716
definitions
of asylee, 539
of refugee, 536
demeanor, 676–77, 679–80
denaturalization as persecution, 547
denial
discretionary, 595–96, 603–4, 633–34, 641
mandatory, 585–94, 633, 641
procedure, 626
reconsideration, 596
deportability, use of asylum application to prove, 627
derivative claims, 642, 710, 746, 749, 752
detention, 166–79, 353–55, 646–47
1988
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differences with withholding, 637–39
disclosure of application to third party, 551–52, 650
discrimination as persecution, 545–46
disfavored groups, 583
documentary evidence, 656–75
authentication of documents, 454–56, 666–67
country-condition reports (DOS), 632, 640, 654–55,
663, 668–74
documentation center, 627, 667
Internet documentation resources, Apdx H
NGO and other reports, 674–75
standard for credibility of documents, 664–65, 1301
domestic law, generally, 535
domestic violence, 716–17
DOS advisory opinions, 632, 640, 654–55, 668–74
drug informants, 609, 727
due process, violation to remove person to his death,
623–24
economic status
affluence, effect on finding of persecution, 729
deprived status as persecution, 546–47
effective dates, 604, 626
emergency flow refugees, 535, 537–38
employment authorization, see subhead: Work authorization (in this heading)
equal treatment in adjudicating claim, 641
evidence
see also subheads, in this heading, with specific types of
evidence
nature of proof, 653–56
testimonial evidence, 675–707
types of evidence, 707–29
exit visa laws, 551
expedited hearing, 160–63, 626–27, 635–36
expert testimony, 667–75
extortion
material support to terrorism waived, 133–35, 138, 147,
586, 602–3
as persecution, 719
extradition, 605–6, 623–24
extraordinary circumstances, 592–93
failure to appear, 631–32, 640
failure to identify assailants, 729
false statements
at airport, 634, 687–88
bar to good moral character, 631
criminal penalties, 627
family members
application, 626, 633, 746
persecution of, 642–43, 707–11, 723–25
of refugees, 539, 626, 707–10
fear of persecution, 581, 707–29
criminal conduct not negating fear, 715
defined, 536, 539–53
female genital mutilation, 718–19
firm resettlement, 586–89, 625
fraud on entry, as a basis for denial, 634, 682
frivolous applications, 628–30, 636–37, 640
gender-based persecution, 716–17
general-law application as persecution, 549
general political conditions, 548, 656
❏ OK to proceed
Signed: ___________________ Date: ______
Geneva Convention, 534–35
government inability to stop persecution, 553–55,
583–85
grant of, 641, 746–47
guerrillas, evidence of specific threats, 720
Handbook of High Commissioner, 533–34, 560–61
harassment distinguished from persecution, 544–45
hearing open, 640
hearsay evidence, 665–66, 671–72, 683
homosexuals, see subhead: Sexual orientation (in this
heading)
humanitarian asylum, 579–80
identity of applicant checked, 632
IIRIRA changes, 10
IJ hearing
proceedings, 636–42, 650–52
referral to IJ by AO, 633
imputed political opinion/motive, 557–58
imputed social group claim, 561
in absentia hearings, 631–32, 640
INA §222(g), 767
inadmissibility grounds, 625, 753
inconsistent treatment by government, 716
ineligibility
for asylum status, 585–95
for refugee status, 536–37, 624–25
informants, 535, 727
injury, permanent not required, 541–43
interdiction, 539–40
international law, 533–35
interrogation as persecution, 543
interview before AO, 627–33
Iraqis, 538
judicial review, see subhead: Appeals (in this heading)
legislation, see History of immigration laws; specific
legislation
mandatory grounds for denial, 585–94
marriage as persecution, 717, 719
master exhibit, 754
material misrepresentation, 628–31, 633–34, 691
material support to terrorist organization waived, 133–
35, 138, 147, 586, 602–3
medical treatment, failure to seek, 543, 729
membership in a particular social group, see subhead:
Social group (in this heading)
military service as persecution, 550–51
military use against applicant as persecution, 715–16
mixed-motive cases, 567–69
motive of persecutor, 555
multiple filing bar, 590
NACARA, see NACARA
nationality, lack of, 540, 547
newly discovered evidence, 730–32
nonimmigrant status, 631
normal flow refugees, 537
North Koreans, 538–39
Northern Mariana Islands, see Northern Mariana Islands (CNMI)
notice of rights, 645
notices of intent to deny, 633
Office of Refugee, Asylum and International Operations (RAIO), 175, 636, 640
“on account of” defined, 555, 567–72
one-year limitation on filing, 590–93, 642
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overseas refugees, 536–39
Palestinians, 540, 545
parent’s application based on child’s persecution, 642–43
parole, see Parole
particularly serious crime, 594–95, 598–600
passport as evidence of no persecution, 714–15
pattern or practice
as evidence of persecution, 653
showing not required, 552, 582–83
periodic persecution, 552
permanent and serious injury, not required, 541–44,
546–47, 552–53
persecution
see also subheads in this heading, with specific groups
being persecuted, specific acts of persecution,
specific situations, etc.
criminal conduct not affecting persecution, 715
cumulative effect of, 552–53
defined, 536, 539–53
detention, 543–44
emotional trauma, 544
forced medical examination, 543
harassment distinguished, 544–45
past persecution, 572–80
as basis for asylum, 572–80
as basis for withholding, 574, 597
corroboration, 580
rebutting, 574–79
social group, 561
periodic, 552
prosecution distinguished, 549–51
release after persecution, 716
remaining in or returning to country, effect on asylum
claim, 714
sexual assault, 716–17
similarly situated, treatment of, 729
single incident sufficient, 552
valid passport affecting asylum claim, 714–15
persecutors
ineligibility for asylum, 536–37
motives, 555
police officers, 726–27
political opinion defined, 555–59
post-traumatic stress disorder, 446–47, 689
previous applications for asylum, 590
previous grants of asylum, evidence of, 729
priority processing (P-1 to P-3), 538
prisoners, treatment as indicative of persecution, 720
private organizations, evidence by, 674–75
pro se litigants, 732
prosecution distinguished from persecution, 549–51
protective order, 729
public hearing, 640
punitive intent unnecessary, 551
quotas for refugees, 624
REAL ID Act, 567–68, 570, 580, 586, 658, 690–91,
745, 752
reasonable fear, see subhead: Credible-fear / reasonable-fear determinations (in this heading)
rebutting past persecution, 574–79
reconsideration of denial
before physical removal, 636
torture claim raised, 614
withholding granted, 596, 641
1989
❏ OK to proceed
Signed: ___________________ Date: ______
record on appeal, too stale, 734
Refugee Act of 1980, 5, 535
refugees, admission of, 624–26
priority in admitting refugees, 625
reinstatement of removal order, 633, 636, 641
released after persecution, 716
religious persecution, 711–14
relocation to avoid future persecution, 576–77, 583–85
remand by court, 1492–97
remand, motion to, 733, 1293–96
removal, expedited, 635–36
removal of refugees, 539
removal proceedings, referral to, 633
third country, 585
use of application to prove deportability, 627
reopen, motion to, see Reopen, motion to
rescheduling interview, 631–32
return to country of origin, 649, 714, 747
revocation, 635, 650–51, 747–48
for removal, 753
right to apply, 645–46
S visas, see S visas
safe haven, 589–90, 634, 663
sealed information, 729
security checks, 632, 649–50
security personnel, 726–27
serious nonpolitical crime, 585, 594, 601–2
sexual orientation, 717–18
similarly situated, disparate treatment by persecutors, 729
singled out, not standard, 653
social group
defined, 559–67
imputed claim, 561
past-persecution claim, 561
Southeast Asians, 538
spouse and children, see subhead: Family members (in
this heading)
standard of proof, 650–52
statelessness, 540, 547
sterilization, forced, see subhead: Coercive population
control (in this heading)
stowaways, 635, 641–42
termination of proceedings, 636
termination of status, 625, 635, 747–48, 753
terrorism as grounds for denial, 586
testimonial evidence, 675–707
third-country processing, 585, 633–34
threats without seizure, 720
translators, need for, 631–32
travel
to home country, effect on claim, 649, 714
right to, 649, 747, 753
U.N. Conventions
CAT, see Convention Against Torture
Relating to Status of Refugees, 533
U.N. High Commissioner Handbook, 533–34, 560–61
unable or unwilling to return
future persecution, 581, 584–85
past persecution, 572–74, 577–80
unaccompanied minors, see subhead: Child applicants
(in this heading)
union membership as grounds for, 714
unlawful presence, see Unlawful presence
1990
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vaccinations, exemption from requirement, 68
venue, 627, 645
visa cancellation, 507
visa waiver program, 354–55, 641–42
waivers, 145–55, 625, 753
well-founded fear, defined, 536, 581–85, 651–52
whistleblower as grounds for asylum, 727–28
withdrawal of application, 631
withholding of removal, see Withholding of removal
work authorization, 647–49, 746–47
athletes
see also O visas; P visas
amateurs, 24, 793, 897, 900
athletic organizations, 1160
B-1 admission, 790–91
employment authorization, special provision for, 1584
H-1B not applicable, 6
H-2B visas, 888
ice skaters, 24, 897
immigrants, 1077–80, 1123
labor certification, 1123, 1132, 1160, 1178, 1192
minor leaguers, 897, 900
professionals, 897–98
traded, 897, 902, 1160, 1192, 1584
attempt
crime of moral turpitude, 81–82, 89
drugs, 101
attenuation, 1443
attestation
see also Labor condition applications
D visa, 944
fast track H-1B, 867
H-1B, 823, 836–54
H-1C, 862
history, 6, 12
R visas, 925
special immigrant religious workers, 1098
attorney-client privilege
as basis to prevent search, 341
monitoring of attorney-client communications, 433
Attorney General review of BIA, 1282
attorneys
see also Counsel, right to
fees, see Attorneys’ fees
government counsel
obligation of, 435–36
remand decisions, 1496
malpractice, EB-5 cases, 1118–19
privileged communications, see Attorney-client privilege
sanctions
before BALCA, 1199
before BIA, 437–41, 851, 1289
before DHS, 440
in employer sanctions cases, 1571, 1602
in federal court, 440–41
in labor certification cases, 1199
in removal proceeding, 437–41
telephonic appearances and communications, see Telephonic and video technology
unauthorized practice of law, 436–37
❏ OK to proceed
Signed: ___________________ Date: ______
Job Name:
PDF Page:
Process Plan:
Date:
Time:
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attorneys’ fees
Bivens, 1548–49
civil rights acts, 1548–49
employer sanctions, 1545, 1548–49, 1581
Equal Access to Justice Act, 1536–48
administrative work, fees for, 1544
bad faith exception, 1537
calculating fees, 1546–48
client’s, not attorney’s, fees, 1540
cost of living, 1546
costs and expenses, 1548
deportation/exclusion hearings, 1544
eligibility, 1537–44
employer sanctions, 1545, 1581
exclusion, 1544
expert fees, 1545–46
federal litigation, fees for, 1544
hourly rate, 1546–48
interest, 1548
legislative history, 1536–37
naturalization petitions, 1544–45
position of U.S., 1540–44
prevailing party, 1538–40
pro bono counsel, 1537–38
pro se litigants, 1537–38
procedures for filing, 1545–46
remands, 1539
removal proceedings, 1544
special circumstances against award, 1544
special factors for award above $125/hour, 1546–48
standard of review, 1544, 1548
substantial justification of government, 1540–44
Federal Torts Claim Act, 1549
fees for fees, 1548
forfeiture, 293, 1543
Freedom of Information Act (FOIA), 1549
labor certification, see Labor certification
recovery of, 293, 851, 1536–49
trafficking victims, 18, 1528, 1549
au pair program, 808
BIA review
artists, 790
athletes, 791
business defined, 792
conferences, 790
domestic employment, 790, 793
employment authorization, 793, 1555
equipment installation, 791
exploring E-2 investment, 789
family members of B-1, 793
in lieu of H-1 or H-3, 790
in lieu of J-1, 790
medical student, 791
payment abroad, 792
religious workers, 790
truck drivers, 791
B-2 visas (visitors for pleasure), 789, 793–94
admissible as, 793
companion of H, L, E, 793
family of members of B-2, 793
language study, 794
nonspouse, accompanying partner, 793
back pay
remedy for aliens, 1586
Bahamians
no visa required, 784
BALCA review, 842, 1152, 1194–99, 1310, Apdx J
administrative/official notice, 1198
employer’s review only, 1194
remand, 1138, 1158
bankruptcy
no stay of employer sanctions case, 1569, 1576
battered persons, see Child abuse; Spousal abuse;
VAWA petitioners
beneficiaries
derivatives, see Derivative beneficiaries
substitution in petitions, 874, 890, 899, 1121, 1160
BIA review, 1277–1308
audiologist
see also Administrative review
inadmissible without certificate, 81
abeyance, pending collateral attack, 1289
acquiescence to court decisions, 1282–83
audita querela writ, 265
administrative notice, 654–55, 1306–8
audits
affirmance without opinion (AWO), see Affirmance
employer sanctions, 1506
without opinion
labor certification, 1152–55
appeal from DHS decision, 1296
Australian (E-3) special occupation visas, see E-3
appeal procedure, 1283–91
visas
Article III jurisdiction waived, 1286
authentication of documents, 454–56, 666–67
Attorney
General review, 1282
authority to regulate, see Federal authority to regulate;
attorney sanctions, 437–41, 851, 1571
Preemption; State and local government
beneficiary’s appeal, 1277
avoidance doctrine, 1505
boilerplate decisions, 1302–3
bond appeal, 355–56, 1278
AWO, see Affirmance without opinion
briefs, 1286–87
certified questions, 1282
B
clearly erroneous review, 732, 1256, 1281–82, 1297–
1300
B-1 visas (business visitors), 789–93
constitutional issues addressed, 1306
admissible as, 789–93
credibility findings, 1299–1301
airline employees, 791
documentary evidence, 663–66, 1301
1991
❏ OK to proceed
Signed: ___________________ Date: ______
BIA Review, cont’d
criticism of practices, 1290–91
de novo review, 1296–97
decision, notice of, 1289–90
delay in decision, 1291
departure during appeal, 1291–92
DHS decisions, not binding, 1305–6
disciplinary consequences of appeal, 437–41, 1289
en banc decision, 1281
entry of final order challenged, 1292–93
factfinding, restricted, 1298–99
factors considered in decision, 1296–1308
family-based petitions, 1277
Immigration Law Advisor, 1306
index decisions, 1306
interlocutory appeal, 1283
judicial review
of AWO, 1279–81
of BIA, not IJ, 1303–4
of IJ and BIA, 1304–5
motion practice, 1293–96
new evidence, 1298–99
nonbinding decisions, 1305–6
notice of appeal, 1283–86
filing with DHS/EOIR, 1283–84, 1296
notice of decision, 1289–90
oral argument, 1289
precedent and other decisions, 1305–6
procedure, 1278–83
reconsider, motion to, see Reconsideration, motions
record on appeal, 1454–56, 1492
reinstatement of BIA order, 1285, 1289–90
remands, see Remand, BIA
reopen, see Reopen, motion to
review of BIA or IJ decision, 1303–5, 1482–85
scope of review, 1296–1308
service officer appeal form, 1277, 1296
single member panel, 1278–79
standard of review
clearly erroneous, 732, 1256, 1281–82, 1297–1300
factors considered in BIA review, 1296–1308
stay, 1289, 1292
streamlining, see Affirmance without opinion
sua sponte reopening, 1321–23
summary dismissal, 1287–88
three-member panel, 1278, 1289
time to file
appeal, 1277, 1284–85
brief, 1286–87
transcripts, 1286–87, 1290–91, 1299, 1454–56, 1492
undue influence on BIA, 1283
untimely appeal, 1283–85, 1309
voluntary departure, reinstatement on appeal, 1220,
1292–93
waiver of appeal, 1285–86
waiver of issue not raised before IJ, 1302
withdrawal of appeal, 1290
BIA Review, cont’d
bilateral investment treaties, see E-2 visas
bill of attainder, 328
biometric identification, 156–58, 447–48, 761, 771–
73, 778, 786, 1063
asylum applicants, 448, 632, 649–50
1992
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Time:
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BioVisa program, 761
IDENT system, 156–58, 772
legislation requiring, 8, 14–15
machine-readable passports, see Passports
birth certificates, 1025–26
birth in U.S., see Naturalization and citizenship
Bivens actions, see Litigation
blood tests, 975, 1025–26
Board of Alien Labor Certification Appeals, see
BALCA review
Board of Appellate Review (BAR), 1653
Board of Immigration Appeals, see BIA review
boilerplate language
decisions based on, reversed, 679, 1302–3, 1456
bonds, 348–49, 351–59
see also Federal jurisdiction; Habeas corpus
administrative review, 162–63, 166–79, 351–59, 363–
75, 1385
aggravated felons, 353, 363–69, 646–47
arriving alien problem, 166–67, 169, 351, 354
asylum, 162, 354–55, 646–47
automatic stay of IJ bond, 167–68, 355–56, 365–66
BIA appeal, 355
breach, 351, 358–59
circuit court, grant of, 358, 1487
constitutional challenges, 363–71
Cubans, 175, 511–12
deportation, 351–59, 363–75
detainers, 359–62
exhaustion of remedies, 1423–24
expedited removal, 162, 166, 168–69
federal court, grant of, 167, 358, 1487
habeas corpus, 163, 1363–78
inherent authority to grant bail, 1368
health-related reason, 170, 372
IJ, no jurisdiction to determine, 166, 363–65
impartial adjudicator needed, 371–72
inadmissible, 162–63, 166–79
Joseph hearing, 365
juvenile, 162, 170, 176, 355
medical reason for release, 170, 372
procedure, 353–54
REAL ID Act, 358
redetermination, 353–54
removal
deportation, 166, 348–51, 363–73
inadmissible, 162, 166–79
supervised release (after 90 days’ detention), 352–54,
519–20
terrorist, 363–75
venue, 358, 1372
visa waiver, 354–55, 646
withholding of removal, 646–47
border procedures, 133–40
Brady rule, see Discovery
Brand X deference, see Deference to agency interpretation
❏ OK to proceed
Signed: ___________________ Date: ______
Job Name:
PDF Page:
Process Plan:
Date:
Time:
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briefing schedule
BIA, 1286–87
court of appeals, 9–10, 1484
bringing aliens to U.S., see Transporting/harboring
British subjects, see United Kingdom
British Virgin Islands
visa waiver, 784
broadcasters, see I visas; Special immigrants
brothers and sisters, see Siblings
see also Standard of proof
abandonment of residency, 1066
access to visa documents, 467
acquisition of citizenship, see Naturalization and citizenship
aggravated felons, 252–53, 460, 467–68, 501
arriving aliens, 65, 164, 467
clear and convincing standard, 465–70
conditional residents, 468, 989, 1116–17
crimes involving moral turpitude, 90
criminal conduct, 467–68, 1209
employment-based, 1014
entry, 59–63
EWI, 467
family petitions, 989, 991–93, 997, 1001, 1014, 1024
Fifth Amendment, 450
firm resettlement, see Asylees and refugees
Fleuti doctrine, 63–65, 1067
immigrant visa petitions, 1014, 1024, 1030, 1032,
1034
lenity, rule of, 469–70
LPRs, 63–65, 164, 168–69, 181–83, 1014
marriage (conditional residence), 468, 989
medical cases, 70
nonimmigrants, 759, 764
presumptions, 467
against admission, 759, 1014
relief, 468–69, 1207
removal, see Removal proceedings—deportation; Removal proceedings—inadmissibility
returning resident, 63–65, 164, 168–69, 181–82
unfair practices, see Unfair immigration-related employment practices
vacated conviction, 252–53, 460
Bureau of Prisons
change of security classification, 502
conditions of detention, 172, 177–79
detainers, 359–62
rules affecting detention, 177–79, 348–51
situs of detention, 349–50, Apdx I
business information
inadmissibility of person disclosing, 143
business necessity, 1172–75
caps
C
C visas (aliens in transit)
C-1, 773, 942
C-2 and C-3, 767, 773, 933, 942
Cambodians
adjustment of status, 13, 1018–19
refugee status, 538
Canadians
see also NAFTA; TN visas
entry without visa, 770–71, 780
INA §212(e) waiver, 780, 817
Indians, see North American Indians
three- and ten-year bar, 110, 780
cancellation of removal, 1223–63
see also Suspension of deportation
administrative review, 1256, 1277, 1297–98
aggravated felon, 267, 502, 1226, 1229–30
battered spouses and children, 1247–48
change to prior law, 1223, 1229, 1231–32, 1248–49
clearly erroneous standard of review, 1256, 1281–82,
1297–98
crewman, 1226, 1245
Cuban Refugee Adjustment Act, 1223
discretionary eligibility, 1240–42
Eastern Europeans, 1252–53, 1258–59
effective date, 1229, 1252
eligibility, 1223–24, 1231–32, 1242–45, 1248–49
form for waiver, 1228
Guatemalans, 622, 1252–56
INA §212(c), 1231–40
J visas, 1226, 1245–46
LPRs, 145, 1223–42
changes in current law, 1229–31
outstanding equities not needed, 1241
procedures, 1228
motions to reopen, 1230, 1255
non-LPRs, 1242–58
changes in current law, 1248–49
hardship criteria, 1249–52
procedures, 1252, 1262
numerical cap, 1248, 1252
rehabilitation, 1240, 1242
reopening, 1230, 1255
repapering, 392, 1262
residency, 1223–25
retroactive application of new law, 1228
Salvadorans, 622, 1252–56
St. Cyr regulations, 1234–35
stop-time rule, 1226–28
TPS, time not counted, 617
cancellation of visas
automatically under INA §222(g), 766–68
DHS cancellation, 165, 507
cap-exempt, see H-1B visas
caps, see Numerical limitations; specific visa types
(e.g., H-1B)
1993
❏ OK to proceed
Signed: ___________________ Date: ______
carrier liability
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Date:
Time:
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battered/abused children, see Child abuse; VAWA pecarrier liability
custodial responsibility, 315
titioners
fines, 315–17
born abroad
citizenship, 1621–22
categorical, modified categorical approaches
residency, 1067
aggravated felony cases, 227–35
court
dependents, see Special immigrant juveniles
crimes of moral turpitude, 85–88
de facto deportation, 331, 1271
Catholic Social Services, 1605, 1607, 1611, 1614, 1618 defined, 974–83
CBP, see Customs and Border Protection
deportation, generally, 475–77
legitimated children, 975–76
Centers for Disease Control & Prevention, 66–67,
69–70
pornography, 92, 197, 215, 304, 311, 525, 935–36,
change of status, 767, 774–76
1022
see also specific visa
reason to believe charge, 106
departure, effect of, 775, 797
recruitment of child soldiers, deportation for, 26, 143,
H-1B cap, 801–2, 826–27
190, 594, 601
physicians, 866
stepchildren, 939, 974, 978, 1626
three- and ten-year bar, 109–13
voluntary departure, 477
visa waiver program, 786
wedlock, born in- or out-of, 975, 979–80, 1241, 1622–
changed circumstances
23, 1626
asylum applications, see Asylees and refugees
Chile
chargeability, see Preference petitions
H-1B1 (fast track) visas, 867–68
Chevron deference, see Deference to agency interpreChina (PRC)
tation
adjustment, 615
Chinese Exclusion Act, 3, 1621
child abduction
Chinese Student Protection Act, 7, 615
grounds of inadmissibility, 128
deferred departure program, 615
child abuse
choice of law
Adam Walsh Act, 23, 522, 935–37, 1021–22
circuit appeal, 1489–91
as aggravated felony, 195–98, 206–12
as crime of moral turpitude, 92, 95–96
circus performers, 898, 900
as removal grounds, 206–12, 245–46
citizenship, see Naturalization and citizenship
sexual abuse of minors
civil proceedings for criminal purposes, 334
aggravated felony, 195–07
civil rights statutes, see Litigation
deportation ground for failure to register, 246
class actions, see Litigation
family petitions denied, 1021–22
CLASS lookout system, 156–58, 632, 762, 764–65,
history, 22–23
768, 1033–34
INA §212(c) unavailable, 1239–40
K-1 unavailable, 935–37
classified information
asylum/withholding, 729
K-3 unavailable, 939
removal (deportation), 463–64, 503
sentencing, 305, 311
removal (inadmissible), 417, 463–64
violence crime, 210, 212
VAWA, see VAWA petitioners
clear and convincing evidence standard
Child Citizenship Act, 13, 75, 127, 191–92, 983 1624–27 removal, 465–70
clear statement rule, 1414
child soldier recruiters, 26, 143, 190, 594, 601
Child Status Protection Act (CSPA), 16, 748, 970,
closed hearings
asylum, 640
1006, 1009–12, 1018
asylees and refugees, 539, 748
special interest cases, 418
diversity, 1011
employment-based, 1011
closed record, 465
immediate relative, 1010
closing argument, 321, 447, 473, 497
immigrants, 1009–12
coercive population control, see Forced abortion/
INA §245(i), 1052–53
sterilization
naturalization, 1010–11, 1624–27
USA PATRIOT Act, 1010
collateral attack
of criminal convictions, 192, 255, 284, 468, 1343, 1376
children
in EOIR hearings, 255
see also Juveniles; Minors; specific visa types
of deportation order
adopted, see Adopted children
in criminal proceedings, 276–84
adulterine, 974
in failure-to-depart proceeding, 298
aged-out, see Aged-out children
in subsequent deportation proceeding, 1271, 1306
asylum applicants, see Asylees and refugees
of foreign convictions, 259
1994
❏ OK to proceed
Signed: ___________________ Date: ______
in forfeiture proceedings, 292
in habeas proceedings, 1376, 1408
of summary exclusion order
in §275(a) (EWI) proceeding, 298
collateral estoppel, 385–86, 493, 507, 651, 988–89,
1601
see also Res judicata
Colombia insurgents
denial of visas to aiders/abettors, 144
committed to agency discretion doctrine, 1450–52
common law marriage, see Marriage and cohabitation
Commonwealth of Northern Mariana Islands
(CNMI), see Northern Mariana Islands
communicable diseases, see Contagious diseases
Job Name:
PDF Page:
Process Plan:
Date:
Time:
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Convention Against Torture (CAT)
benefits under INA, 41
deportable/removable aliens, 41–43
economic regulation, 36
enforcement, 34–36, 320–30
executive branch, 35–36, 1210–11
intermediate scrutiny, 34
limitations on federal powers, 34–42
lower level government officials, 36
physical location and constitutional rights, 37
rational basis test, 34
rights of noncitizens, 33–42
search and seizure, 332–44
statutory interpretation, 1505
strict scrutiny, 34
Taking Clause, 1522, 1529
Communist Party affiliation
consular processing
fees for visas, 763
immigrant visas, 1031–35
advisory opinions, 1035
COMPETE Act, 24, 897
denial of visa, 1034–35
conditional parole, see Parole
return of petition, 1034
conditional residence
adjustment, 983, 988, 1105
nonimmigrant visas, 761–66
burden of proof, 468, 989, 1114, 1116–17
advisory opinions, 763–66
investor, 1108, 1112–14, 1116
BioVisa program, 761
judicial review, 989–90, 1118–19
denial of visa, 763
marriage, 983–94
DHS involvement, 762
naturalization, 993–94, 1117
interviews, 761–62
removal grounds, 188, 988–89, 1116–17
Visa Interview Waiver Pilot Program, 762, 797
status retained while fighting removal, 988–89, 1115
return of petition, 769–70, 1034, 1125–26
conditions of confinement, challenging, see Detention
security issues, 764–65
stateside processing, 763
Condor Visa check, 764
waivers, 155, 1032
confidentiality
contagious diseases
amnesty, 465, 1608–9, 1616
see also AIDS/HIV
asylum, 551–52, 582, 631, 650
detention, 518
battered spouse (removal hearing), 971–72, 986
grounds of inadmissibility, 65–66
breach of as a basis for asylum, 551–52, 631
inspection, 159
legalization application, 1608–9
LIFE Act, 1612, 1616
contempt powers, IJ, 437
petitions, decisions on, 1027
continuances
removal hearing, 948, 956
counsel obtained, 404, 419
SAW application, 1617
INA §245(i), 405
T visa, 22, 392, 949
TPS, 621
removal (deportation), 398–406
U visa, 392, 956
removal (inadmissible), 181
confiscation of U.S. real property
visa petition pending, 401–4, 1053
as ground of inadmissibility, 143
continued presence status (U visas), 955–58
Congress
Convention Against Torture (CAT), 534, 604–14,
limitation of authority, 34–42
635, 745
power to regulate immigration, 33–34
see also Asylees and refugees
Conrad 30, see Physicians
abandonment of application, 614
acquiescence of public official, 608–10, 638
conspiracy
aggravated felony, 614, 637
aggravated felonies, 223
alternate theories, 707
crimes of moral turpitude, 89–90
application process, 614, 637
constitutional issues
asylum, differences with, 637–39
see also Federal authority to regulate; specific classes
asylum officers, 627
of people; specific constitutional clauses, rights,
burden of proof, 610–13, 637–38
and doctrines; specific contexts (e.g., Removal
centers to treat torture, 534
proceedings)
changed conditions, 654–55, 1306–7, 1323–27
alienage, 36–37, 46
credible fear, 626–27, 635–36
1995
❏ OK to proceed
Signed: ___________________ Date: ______
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Convention Against Torture, cont’d
deferral of removal, 522, 604–5, 637
detention, 639, 646–47
diplomatic assurance against torture, 314, 606, 613–
14, 640
effective date, 604–5, 626
expedited removal, 160–62, 614
extradition, 314, 375, 605–6, 623–24
IJ, procedures before, 640–41
INA §235(c), 163, 614, 639, 641–42
judicial review, 614, 745, 1350, 1410–12
political basis/motive not necessary, 608
procedure, 604–14, 637–39
REAL ID Act, 639, 1410–12
reasonable fear, 636
reinstatement of removal order, 503–7, 614, 636
reopen, motion to, 605, 729–32
standard of proof, 610–13
State Department, 613–14, 640
stay authorized, 111
stowaways, 164, 635
summary removal, 500–501
termination of, 614
terrorists, 503
torture, defined, 606–8
willful blindness standard, 609
withholding of removal, differences, 637–39
conversion
preference petitions, 1006–7
religious, as asylum ground, 712
pardons, see Pardons
Pickering, see Vacatur
post-conviction relief, 248–55, 260–67
pretrial intervention, 251
prisoner transfer treaty, 314–15
probation, see Probation
proof of, in removal proceedings, 450–65
record of, 457–61
relief from, 260–67
Rule 11, 266
Rule 32, 266
Rule 35, 266
sentencing, see Sentences and sentencing
setting aside, 255–57, 266
solicitation, 101–2, 240–41, 259–60, 935–36
speedy trial, see Speedy trial
transfer of prisoner to home country, 314–15
treatment not sentence, 194
two offenses, convictions for
grounds of deportability, 194–95
vacation of sentence, see Vacatur
withdraw plea, 255–59, 266
withholding of adjudications, 248, 250
writs, 265
cooperation with government
see also S visas; T visas; U visas
agreement with prosecutor, 300
coram nobis, 265
corroboration, see Asylees and refugees; Withholding
of removal
corruption
exposing as grounds for asylum, see Asylees and refugees
ground of inadmissibility, 144–45
counsel, right to, equitable tolling
see also Attorneys
access to client, 418–35, 643–44
accredited representative, 436–37
admissions by, 434–35
appearing on behalf of other counsel, 396, 433
appointed counsel, 432
briefs as admitting conviction, 460
conflict, 1571
criminal conduct, 341, 441
deferred inspection, 164, 181, 420
equitable tolling, 479–80
Form G-28, 432, 644
in forma pauperis, 180–81, 432
harmless error rule, 422–23
ineffective assistance of counsel
affecting conviction, 251, 256–57, 265
criminal pleas (Padilla), 256–57
equitable tolling, 479–80, 1327–31
exhaustion, 429–30
Lozada requirements, 426–31
relief unavailable, 423–24
remedy for, 429
reopen proceedings, 430–31
labor certification, participation in, 1185–86
law students, 436
limited appearance, 433
Convention Against Torture, cont’d
convictions
Alford plea, 257–58
All Writs Act, 265
appeal, 254–55
audita querela, 265
collateral attack, 192, 255, 283, 404, 1376
collateral estoppel
removal proceeding, 385–86, 493, 507
commitment for treatment, not sentence, 194
coram nobis, 265
court martial, 250
definition, 10, 248–54
early removal after conviction, 525–26
enhancement of sentence as conviction, 203–4, 268, 312
expungements, 261–64
extension of status prohibited, 187
extradition, 314, 375, 623
facilitation, 201, 204, 241
facts behind conviction, 253
fast track pleas lawful, 258–59, 302
Federal First Offender Act, 262–64
finality, 248–51
foreign, 90, 103, 195, 227, 259, 1506
forfeitures, 301
guilty pleas, see Guilty pleas
habeas corpus, see Habeas corpus
JRAD, see Judicial recommendation against deportation
judgment of guilt, not conviction, 251
juvenile delinquency, 82, 253, 301
misprision, 101, 260
nolo plea, 248, 258, 437, 1235
nonimmigrant status affected, 187
out-of-status, 187
1996
❏ OK to proceed
Signed: ___________________ Date: ______
monitoring conversations with client, 433
notice to counsel as notice to respondent, 433–34, 485,
1447
protective order violation, 439
right in asylum, 644
right in removal proceedings, 180–81, 396, 398–99,
418–26
search warrant of attorney’s files, 341
service of papers and decisions upon, 485
stipulation by, 434–35
telephonic appearances, see Telephonic and video
technology
time to obtain counsel, 396, 404, 418–20
transfer of client away from counsel, 432
waiver of client’s appearance, 435
waiver of right, 431
withdrawal, 433, 435
country-condition reports (DOS), see Department of
State
court dependents, see Special immigrant juveniles
credibility determinations, 675–707
administrative record, BIA, 1299–1301
airport interview inconsistent, 461–62, 687–88
alcohol and drug use, 682
BIA standard, 679
brief testimony, reflection on credibility, 707
confrontation, 681
court error, but denial upheld, 695–96
demeanor, 679–80, 1300
documents, standard for, 664–65, 1301
evidence, right to present, 707
failure to call witnesses, 447, 682–83
failure to seek third country asylum, 682
false statements, 689
false travel documents, 682
falsus in uno, falsus in omnibus, 681–82
forum shopping, 683
fraudulent documents, 691
not fatal to credibility, 663–64
geography, lack of knowledge, 683
hearsay, 683
IJ conduct, 683, 691–94
IJ error, reversal, 695–96
incompetent counsel, 685
inconsistency
on asylum application, 683–91
in asylum interview, 687–88
lack of credibility not fatal, 694–95
materiality of statement, 691
minor inconsistencies, 689–91
nontransfer of credibility finding, 707
post traumatic stress disorder, 446–47, 689
presumption of credibility, 677–78
similarities in different applications, 686–87
speculation by IJ, 691–94
substantial evidence, 695–707, 743–44, 1300
treatment by BIA, 1299–1301
witnesses, failure to call, 447, 682–83
credible-fear determinations, see Asylees and refugees; Convention Against Torture (CAT); Withholding of removal
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criminal records
crewmembers
adjustment of status, 945, 1037, 1048
asylum claims, 635, 641–42
cancellation of removal, ineligibility, 1226, 1245
D visas, 944–45
crimes, see Aggravated felons; Convictions; Crimes of
moral turpitude; specific crimes
crimes of moral turpitude, 81–101, 192–95
accessory after the fact, 101
admission of crime, 81–82
alien smuggling, 100
assault, 84, 90–91, 93
attempts, 81
burden of proof, 90
categorical approach, see Categorical, modified categorical approaches
child abuse/abandonment, 92, 94
consequences, 81
conspiracies, 81
conviction, defined, 248–54
definition, 81–90
deportation for, 192–95
divisible statutes, 88
driving under the influence (DUI / DWI), 92, 94–95, 101
drug offenses, 101–5
false statements, 99–100
firearms, 92, 101
foreign convictions, 90, 103, 195
fraud, 99–101
against government, 98–100
inadmissible for, 81–90
inherent nature of crime, 84–85
juvenile crimes, 82
legally coherent crime, 89, 94
minors, abuse of, 89, 92, 94–96
misprision, 101, 259–60
modified categorical approach, see Categorical, modified categorical approaches
money laundering, 88, 99–100, 105
persons, crimes against, 90–96
petty offense exception, 82–83
political offense, 83–84
property, crimes against, 96–98
regulatory crimes, 101, 129
sentence, 82–83, 192, 235–37
sexual offenses, 95–96
smuggling, 100
statutory construction, 81–90
waiver, 148
weapons offenses, 101
crimes of violence, 206–10
see also Aggravated felons; specific crimes
criminal forfeiture, 301
criminal records
disclosure
immigrant visa petitions, 934–35, 939, 956, 1027
K-1 Petitioner, 934–35
K-3 Petitioner, 939
obtaining records through FBI, 414
proof of, 456–62
recourse solely to records and not facts of criminal act,
85–88, 227–35
1997
❏ OK to proceed
Signed: ___________________ Date: ______
cross-chargeability
cross-chargeability, see Preference petitions
cross-examination
right in removal proceeding, 441–47
CSS, see Catholic Social Services
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expertise lacking, 1481
inconsistent interpretations by agency, 1481
interpretation unreasonable, 1479–80
litigation position, not interpretation, 1482
retroactivity questions, 1479
Cubans
Skidmore/Christensen/Mead deference, 1478–79
see also NACARA
statutory construct, only issue, 1480
adjustment programs, 748–51, 1016
deferral of removal
detention, 639, 646–47
Cuban Adjustment Act, 748–51
withholding/asylum distinguished, 637–39
death of petitioner, 749
deferred
action program, 383, 1271–72
eligibility for §212(c) cancellation relief, 750
battered
spouse/child,
971
Cuban Democracy Act, 17, 143, 750
family of deceased veteran, 874
EWI eligible for adjustment, 750
expedited removal, 161
deferred enforced departure (DED), 615–16
family reunification parole program, 750–51
deferred inspection, 164
inadmissibility of person who confiscated or trafficked
demeanor testimony, 679–80, 1300
in property, 143
denaturalization, see Naturalization
parole program (Mariel), 750–51
removal proceeding as arriving alien, no bar to adjust- Department of Homeland Security (DHS), 16–17
ment, 750, 1058
criminal conduct by DHS employees, reporting, 301
suspending admission, 144–45
DHS-TRIP, see Travel
wet-foot/dry foot policy, 539–40
following BIA precedent, 1305–6
law establishing, 16–17
custody, see Bonds; Detainers; Detention; Federal jumemoranda/decisions
risdiction; Habeas corpus
effect on BIA, 1305–6
Customs and Border Protection (CBP)
listing, see Table of Authorities at p.1787
establishment of, 16–17
offices
abroad, Apdx P
Global Entry program, see Travel
Secure
Flight Program, see Travel
Immigration Advisory Program, 157
Department of State (DOS)
advisory opinions
D
asylum, 632, 640, 654, 668–74
listing, see Table of Authorities at p.1787
D visas, see Crewmembers
security related, 765
visa office, 763–64, 1035
death of petitioner, 1023–24
cables and FAM, list, see Table of Authorities at
automatic revocation ended, 1030
p.1803
Cuban Adjustment Act, 749
country-condition reports, 632, 668–74, 1306–7
EB-5 investors, 1116
disclosure of records, 769
family-based petitions
nonimmigrant visas, generally, 761–66
deceased service members, 973, 1023
review
effect of spouse’s death, 967–69, 997–98, 1023
administrative, 815, 1653–54
history, 15, 28
judicial, 764, 815–16, 1430–44, 1465, 1646, 1656
K-1 / K-2 petitions, 934
security related, 764–65
K-3 / K-4 petitions, 940
Visa Office, 763, 1035
labor certifications, 1124–25
visa petitions, 1032
revocation of petition, 1023–24, 1030
widows, 967–69
departure from U.S.
see also Travel
death of sponsor, see Affidavits of support
during BIA appeal, 492, 1291–92, 1315–17
declaratory judgment action, 1384
during federal appeal, 1447–48, 1487–88
Defense Department visas, 861–62
grace period for NIVs, 773
deference to agency interpretation (Chevron), 1471–82
during motion to reopen, 1315–17
Brand X deference, 1476–77
prior to hearing, 61, 63, 478
exceptions to Chevron deference, 1477–82
return if unlawfully deported, 1488
agency actions contrary to regulations, 1480–81
dependent H-1B employers, see H-1B visas
clear regulatory language, 1482
deportation, see Deportation grounds; Removal proclear statutory language, 1480
ceedings—deportation
Congress did not delegate to agency, 1477–78
deportation
grounds, 186–248
constitutional question, 1482
construction of statute/regulation impermissible, 1479–80 aggravated felonies, 195–240
bribery, 221
criminal state or federal law interpreted, 1482
burglary, 209, 211–15, 239, 247, 1510
discretion not given to DHS, 1482
exercise of authority, not construction/interpretation, 1482 change of address, 191
1998
❏ OK to proceed
Signed: ___________________ Date: ______
child abandonment, 245–46
child abuse, 206–9, 244–46
child neglect, 244–46
child soldiers, recruit of, 190
citizenship, false claim to, 191
conditional residence, termination of, 188, 988–90,
1268
criminal activity, 192–246
document fraud, 191, 295
domestic injunction violation, 246
domestic violence, 244–46
drug abuser, 240
drugs, 198–204, 240–42
effective date of new deportation grounds, 237–40,
246–48
entry without inspection, 186–87
espionage, 189, 244
export of technology, 189
extrajudicial killing, 190
failure to disclose information, 187
failure to maintain medical controls, 187
failure to maintain status, 187–88
failure to register, 187
failure to report, 187, 191
false claim of U.S. citizenship, 191
falsification of documents, 191
fine, final administrative order for, 191
firearms, 204–6, 242–44
Foreign Agents Registration Act, 191
foreign assets control conviction, 191
foreign policy, 189–90
former grounds, 189, 246–48
fraud, 191, 216–20
genocide, 190
high-speed flight, 240
human trafficking, 244
immoral purpose, importation of persons for, 244
inadmissible at entry, 186
investor status, failure to maintain, 1114–16
marriage fraud, 188
military-type training, recipients of, 190
moral turpitude crime, 192–95
Nazis, 190, 598
Neutrality Act, 244, 363
overstay, 186–88
overthrow of U.S., 189
president, threatening the, 244
prostitution, eliminated, 246
protective order violation, 246
public charge, 188–89
public safety endangerment, 189
religious freedom violators, 190
sabotage, 189, 244
security, 189
sedition, 244
selective service laws, 245
sex traffickers, 244
sexual offender, failure to register, 246
smuggling, 188
stalking, 210, 212, 244–46
subversives, 189
terrorism, 189
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detention
theft, 212–15, 219–20
torturer, 190
trading with the enemy, 244
travel restrictions during war/national emergency, 244
treason, 244
two crimes of moral turpitude, 194–95
in U.S. in violation of law, 186–88
violent crimes, 206–10
voting unlawfully, 191–92
deportation procedures, see Removal proceedings—
deportation
depositions, see Discovery
derivative beneficiaries
see also specific visas for principals (subhead: family
members)
of asylees, see Asylees and refugees
residency applications, 950, 970, 987, 1008–13
withholding, no benefit, 597, 746
derivative citizenship, see Naturalization and citizenship
Detainee Treatment Act of 2005, 23
detainers
in deportation, 359–62
detention, 166–79, 348–59
see also Bonds; Detainers; Federal jurisdiction;
Habeas corpus
abuse of discretion standard, 171
aggravated felons
removal (deportation), 363–73, 646
removal (inadmissibility), 169
alternatives to, 352–53
arriving aliens, 162, 166–67, 170
asylum applicants, 162, 646–47
automatic stay of IJ bond, 167–68, 355–56, 365–66
Bivens actions, see Litigation
bonds, see Bonds
charge lacking, 347
conditions of, 172, 177–78
conditions of confinement suit, 178, 1515
constitutional challenges to, 356–58, 366–69, 511–12,
1363–66, 1423–24
contagious disease, 518
Convention Against Torture, see Convention Against
Torture
criminal proceedings, relation to, 361
Cuban parolees, 61
deportation, 348–59
discretionary decision challenges, 357, 371
DNA testing, see DNA testing
due process/equal protection, 172
employment, 176
expedited removal, see Expedited removal
facilities, 349–50, Apdx I
Fed. R. Crim. P. 5(a), 276
forced feeding of detainee, 176
foreign policy reason, 518
Guantanamo, 176
hunger strike by detainee, 176
identification of detainee, 176–77
IIRIRA changes, 8–10
impartial adjudicator challenge, 371–72
1999
❏ OK to proceed
Signed: ___________________ Date: ______
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detention, cont’d
inadmissible, 166–79
indefinite detention reviewed, 357, 370–71
information disclose about detainee, 176–77
ISAP (Intensive Supervision Appearance Program),
352–53, 519–20
Joseph hearing, 365
juveniles, see Juveniles
location
of detainees, 177
of facility, 349–50, Apdx I
mandatory (post–removal order), 510–19
mandatory (pre-removal), 9, 349, 363–73
marriage in, 177, 1003–4
medical challenge to, 372
outside U.S., 176
parole, 170–71
revocation of, 175
payment for work, 176
presidential order on terrorism, 373–75
pretrial criminal proceedings, 361
prison sentence, relation to, 509–10
prolonged detention, 173–75
prosecutorial discretion, 349
REAL ID Act, 358
remedy for unlawful detention, 372–73
returning residents, 168–69
situs of detention, 349–50
Speedy Trial Act, 315, 328, 345
statutory challenges to, 366–69
stay on bond, 168, 365–66
strip searches, 351
supervised release, see Supervised release
telephone access to counsel, 178
terrorists, see Terrorists and terrorism
transfer to another facility, 350, 1384, 1498
voluntary departure, detention pending, 1219
vulnerable people, see Prosecutorial discretion
DHS-TRIP, see Travel
Dictionary of Occupational Titles (DOT), see Labor
certification
fine proceedings (INA §274C), 1587
FOIA, see Freedom of Information Act
habeas proceeding, 1376
interrogatories, 414
Jencks Act, 414
loss of nationality, 1653
outside administrative record, 1455–56
plaintiff employment and personal injury cases, 1591
pretrial conference, 180, 417, 1570
Privacy Act, 415–16
removal hearings, 284, 407–17
right to production of favorable evidence, 416–17
right to records and documents, 417
subpoenas, see Subpoenas
undocumented workers, issues involving, 1591
unfair immigration employment practices, 1598
visa record disclosure, 769
discretionary decisions reviewed, 1388–98
bond, 353–54, 357
INA §242(a)(2)(b)(i), 1398–1400
INA §242(a)(2)(b)(ii), 1391–96
discretionary relief, see Relief; Removal proceedings—deportation
discrimination against aliens
Bivens actions, 1519–22, 1549
civil rights statutes, 1515–16
constitutional issues, 33–42
E visas, 921
Title VII, 1589–90
unfair employment practices, see Unfair immigrationrelated employment practices
disfavored group, see Asylees and refugees
dismissal of complaint under Rule 12(b)(6), 1511,
1598
detention, cont’d
diplomats
adjustment of status, 928, 932
immunity, 1536
inadmissibility, 106–7, 929, 931
lawful permanent residency, 930, 932
for children of, 966
overstays, 767
special immigrants (G-4s), 931, 945, 1100
visas, 928–33
see also A visas; G visas; N visas
disabled persons
citizenship, 14, 1638–39
ground of inadmissibility eliminated, 81
discipline of attorneys, see Attorneys, subhead: sanctions
discovery
application, production by DHS, 417, 1207
Brady material, 416–17, 435–36, 1650
depositions, 414, 1569
employer sanctions cases, see Employer sanctions
FBI records request, 414
2000
district director
deferred action, 1271–72
motions to reopen, 1335–36
diversity immigrants, 1014–16
aged-out children, 16, 1009–13
electronic filing, see Electronic filing
divisible statute
aggravated felonies, 208
crimes of moral turpitude, 88
divorce
battered spouse, effect on, 969
I-864 effect on, see Affidavits of support
marriage petition, effect on, 935, 937–38, 940–41, 950,
971, 974, 986, 988, 990, 992, 996–97
sham, 1001
stepchild status, effect on, 974
DNA testing
of detainees, 350–51
for family-based petitions, 1025–26
doctors, see Physicians
document fraud, see Documents, subhead: unlawful
acts
documents
authentication, see Asylees and refugees
❏ OK to proceed
Signed: ___________________ Date: ______
Job Name:
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Date:
Time:
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corroboration, see Asylees and refugees; Withholding
of removal
credibility, see Credibility determinations
duplicate documents
approval notice (I-824), 761, 764, 1045
labor certification, 1129, 1159
prevailing wage determination, 843
evidence of criminal convictions, 457–62
protective orders, 464, 729, 1042, 1206
retention by
asylum officer, 632
ICE officer, 345
unlawful acts involving documents
destruction of official documents, 297
document abuse as unfair immigration employment
practice, 1594
document fraud, 98–99, 121, 154, 191, 220, 294–96,
317–18, 663–64, 1273, 1660
failure to disclose role as document preparer, 297, 450,
1660
fraud related to ID documents, 21, 99, 285, 1591–92,
1660
not fatal to credibility, 663–64
trafficking in false documents, 307
domestic partners, see Marriage and cohabitation
domestic violence, see Child abuse; Spousal abuse;
VAWA petitioners
domestics
au pairs, see Au pair program
B-1 Status, 790
employment authorization, 793
labor certification, 1174
domicile
affidavit of support, 73
cancellation of removal, 1225, 1242–43
divorce, 996–97
INA §212(c), 1229
INA §212(h), 151
minors, 1225
nonimmigrant status, 760
suspension, 1259
DOS, see Department of State
double jeopardy
fine proceedings under INA §274C, 319–20, 1581
prosecution for entering U.S. and found in U.S., 272, 275
removal proceedings, 299, 328, 1306
driver’s licenses
crime of moral turpitude for fraudulent, 98–99
REAL ID Act, 21, 1073
seizure of, 344
drug offenses
abuser/addict, 69–70, 155, 240
admission, basis for inadmissibility, 69–70, 103–4
assister/abettor, 101–5
constitutionality of statute, 105
crimes of moral turpitude, 101
deportation for, 198–204, 240–42
inadmissibility for, 69–70, 101–5
E visas
inadmissible for reason to believe, 104–5, 186, 254
spouse and child inadmissible, 105
juvenile exception, 253
marijuana
no deportation under §237(a)(2)(B)(i), 241–42
single possession, not subject to deportation, 241–42
waiver, 105, 150, 1272–74
paraphernalia, 102–3, 105, 150
petty offense exception not available, 102
reason to believe, 104–5, 254
recidivists, 203–4
solicitation, 101, 199, 241, 259–60
specific intent not required, 103–4
trafficking, 101–5, 198–204, 240–41, 305–6, 525
two drug possessions as trafficking, 203–4
Travel Act, 204, 240–41
waiver
of §212(a)(2)(a)(i)(II), 105
under §212(c), 1230–40
under §212(h), 105, 148–52, 1273
under cancellation of removal, 1223–63
simple possession, 105
drug paraphernalia, 102–3, 105, 150
dual citizenship, see Naturalization and citizenship
dual-intent doctrine, 759–60, 784, 823, 892, 898,
1059–60
due process
see also Constitutional issues; Fifth Amendment; Judicial review; specific context of claim
detention decisions, 166–68, 172–77, 366–70, 509–19
labor certification, 1051, 1136–37, 1150, 1172
LPRs, 40–41, 59–64, 166–67, 172–75, 182–83, 366–
70, 509–19, 965
marriage in removal proceeding, 985, 990–93, 1003–4
relief, grace or right, 42, 326–27, 1208–11
in removal (deportation), 41–42, 320–26, 509
in removal (inadmissible), 39–42, 59–63, 172
DUI / DWI
aggravated felony, 206–7, 211–12
crime of moral turpitude, 92, 94–95, 101
naturalization, 1635
as “particularly serious crime” bar to asylum, 594, 600
physical or mental disorder, inadmissible for, 68
duress defense
to escape from detention, 298
to forfeiture, 292
to reentry, 271
to smuggling, 289–90
to terrorism and related offenses, see Terrorists and
terrorism
E
E visas, 784, 914–21
see also E-1 visas; E-2 visas; E-3 visas
adjustment, 1039
admission, 915, 919
business plans, 914
change of status, 919
country listing (table), Apdx L
2001
❏ OK to proceed
Signed: ___________________ Date: ______
Job Name:
PDF Page:
Process Plan:
Date:
Time:
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E Visas, cont’d
discrimination in employment, 921
dual intent, 759–60, 914
E in lieu of H-1B, 920
employment for spouse, 920
employment with subsidiary, 920
expropriation of U.S. property, 921
job shop employees, 920
multiple employees, 920
petition, substantive changes on, 920
reciprocity, 919
strikes, 920
E-1 visas (treaty traders)
criteria, 915–16
embargo’s effect on, 916
employees, 916, 918–19
family members, 15, 920–21
intending immigrant, 759–60, 914
nationality of company, 915–16
principal trade, 915
trade, 915
E-2 visas (treaty investors), 916–18
bilateral investment treaties, 914, Apdx L
commercial enterprise, 917
criteria, 916–18
development and direction of the business, 918
employees, 918–19
escrowed, 917
family members, 920–21
intent to depart, 914
investment, 916–17
marginality of investment, 918
nationality of investment, 916
nonprofits not permitted, 917
source of funds, 917
E-3 visas (Australian Special Occupation), 921–22
E-filing, see Electronic filing
E-notification, see Electronic notification
E-Verify, 1562–65
Eastern Europeans, see NACARA
EB-1 visas (priority workers), 1077–84
expert testimony, 1079
extraordinary ability, 1005, 1077–80
lawyers, not eligible for EB-1, 1080
multinational executives and managers, 1005, 1082–84
O visa vs. EB-1, 1080
outstanding professors and researchers, 1005, 1080–82
EB-2 visas (advanced-degree professionals or persons of exceptional ability), 1084–92
exceptional ability defined, 1087
expert testimony, 1087
NIWs, see National interest waivers
physicians, see Physicians
EB-3 visas (skilled workers, professionals, other
workers), 1092–94
EB-4 visas, see Special immigrants; specific types of
immigrants
EB-5, see Employment-creation visas
effective assistance, see Counsel, right to
effective dates, see substantive headings
electronic filing
consular applications (DS-156), 761, 939
diversity immigrants, 1015
labor certification (ETA-9089), 1133–39
labor condition application (ETA-9035e), 843–44
USCIS, 770
electronic notification, 770
electronic surveillance, 333, 342
embargoes
effect on E-1, 916
effect on employment-based petitions, 1124
Employ American Workers Act, 28, 830
employee’s labor rights, 817, 830, 1585–92
employer sanctions, 1553–82
agent as employer, 1554
agricultural employers, 1554
ALJ decision, 1575
attorney conflict, 1571
attorneys’ fees, 1581, 1602
attorneys, sanctions, 1571, 1602
audits, 1566, 1568
B-1 not subject, 1555
bankruptcy, no stay in, 1569, 1576
bond, indemnity, 1580
casual hires
defense, 1555, 1574
defined, 1553–54
civil penalties, 1576–80
consent order, 1575
constitutional challenge, 1567–68, 1575, 1582
constructive knowledge, 1560–62
continuing employment defined, 1558–59
coverage of Act, 1553–54
criminal penalties, 297, 1562, 1580–81
debarment, 1580
defenses, 1556, 1569, 1571–75
discovery, 1569–70
documentary requirements, 1555–58
double jeopardy, 1581
E-Verify, 1562–66
effective dates, 1555, 1582
electronic verification, 1562–66
employee defined, 1553–54
employer defined, 1554, 1581
employment, continuity of, 1558–59
employment, incident to status, 1562, 1582–83
entity defined, 1581
extension of stay as affecting employment, 1553, 1559
federal government liable, 1554
Fifth Amendment, 1567–70, 1575
final order, 1575
fines, 1568–69, 1576–80
good-faith defense, 1556, 1571–73
grandfathered employees, 1555, 1575
hearings, 1569–71
affirmative defense, 1569
counsel, 1571
decision, 1575
E Visas, cont’d
2002
❏ OK to proceed
Signed: ___________________ Date: ______
default, 1569
dismissal, 1569
evidentiary rules, 1569–70
improper charges, 1569, 1575
initiation of, 1569
record, 1570
summary decision, 1570
hiring defined, 1553
I-9s, 1555–59, 1562
IIRIRA changes, 1554
IMAGE program, 1565
indemnity bond penalty, 1580
independent contractors, 1554, 1574
inspections, 1566–67
investigation, 1566–67
knowledge requirement, 1560–62
labor certification, filing as basis for knowing violation, 1560
mitigation, 1576–78
multi-employer bargaining unit, 1575
no-match regulations, 1561–62, 1565
notice of intent (to fine), 1568–69
OCAHO review, 1310, 1470, 1581–82
paperwork violations, 1571–74, 1576–79
pattern or practice violations, 1580
penalties, 1576–81
pilot programs, 1562–63
preemption, 1582
random audit, 1566
receipt in lieu of document, 1555–56
recruiters for a fee, 1553, 1562
referring for a fee, 1553, 1562
rehire, 1559
remedial orders, 1576
retention of I-9s, 1558
reverification, 1558–59
safe-harbor, 1561
SAVE program, 1565
search warrant, 1568
selective enforcement, 1575
settlement, 1575
statute of limitations, 1574–75
subcontractors, 1564
subdivisions, liability of, 1581
subpoenas, 1567–68, 1570
substantial compliance defense, 1571–74
successor employers, 1554
three-day business requirement, 1555
three-day notice for inspection, 1567
time for checking documents, 1555
time for firing unauthorized employees, 1560
ultra vires regulations, 1575
verification requirement, 1555–58, 1563–64
violations, 1559–62
warrantless search, 1568
employment authorization, 779–80, 1582–85
adjudication within 90 days, 1585
adjustment applicants, 1037–38, 1059–60, 1584
advance parole and EAD in one document, 1058
Job Name:
PDF Page:
Process Plan:
Date:
Time:
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employment-based immigration
application for, 1585
Armed Forces enlisted, 1583
asylee (granted), 746–47
asylum applicants, 647–49, 1584
automatic 240-day extension, 1583–84
battered spouses/children, 930, 932, 971, 1583
beneficiary awaiting priority date, 1036, 1130
bond, 167
conditional residents, 1582
constitutional right, 1585
denial as abuse, 1466
deportation, 1584
discretion to deny, 1582, 1585
economic necessity, 1585
employer specific, 1583
employment authorization document, 1582–85
family unity program, 1583, 1611–12
H-1B employees, 827, 829–30, 856–57, 1583–84
history, 1582
incident to status, 1582–83
interim employment authorization, 1585
L-1 employees, 912
legalization, 1609, 1611–13, 1615, 1618
nonimmigrants, 779–80, 1583–84
see also specific visa
portability, 1122–23, 1583–84
procedures, 779–80, 1585
professional athletes, see Athletes; O visas; P visas
request permission to work, 1583
revocation, 1585
spouse of E visa holder, 920
spouse of L visa holder, 913
standard of review, 1466, 1585
strike provisions, 1587
students, 1584
see also F visas; J visas; M visas
time to adjudicate, 1585
verification, see Employer sanctions
employment-based immigration, 1004–5, 1077–1199
see also Immigrant visas; Labor certification; Preference petitions; Special immigrants; specific visas
and professions
adjustment of status, 1054–56, 1123–24
approvals, 1121
authorization to work, see Employment authorization
backlogs, 1036–37, 1084, 1092
burden of proof, 1014
change in employer, 1090, 1121–23
change in petition, 1120
copies submitted to USCIS, 1120, 1129, 1159
court dependents, see Special Immigrant Juveniles
DHS review, generally, 1119–30
embargoed countries, 1124
employee’s intent to work at job, 1129
employer not needed, 1077, 1094
employer’s ability to pay wage, see Labor certification
expedited processing of petitions, see Expedited processing of cases; Premium processing
extraordinary ability, see EB-1 visas
2003
❏ OK to proceed
Signed: ___________________ Date: ______
Job Name:
PDF Page:
Process Plan:
Date:
Time:
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employment-based immigration, cont’d
national interest waivers, see National interest waivers
portability, 1121–23
180-day period, 1121–23
multinational executive covered, 1123
same or similar occupation defined, 1123
self-employment as basis for, 1123
successor employer, 1121–22
recapture of employment visa, 1193
request for evidence (RFE), 1129
return of petition to DHS, 1034, 1125–26
revocation, 1030–31, 1125, 1194–99
Schedule A, see Labor certification
subsequent employer, 1121–23
successor in interest, 1121–22
employment-creation visas (EB-5), 1105–19
adjustment of status on different basis, 1116
application process, 1112–14
business plan, 1109, 1113
children of investor, 1116
conditional residency, 1105, 1114–16
death of investor, 1116
employment creation, 1109–10, 1113
employment, full time, 1109
erroneous approval, 1115–16
evidence required, 1112–14
forms and requirements for filing
I-526 (immigrant petition), 1112–14
I-829 (petition to remove conditions), 1114
guaranteed returns, 1108
investment, 1106–8
legislation, 1119
litigation over program features, 1118–19
loans, 1108
malpractice by counsel, 1118–19
material change, 1111, 1116
multiple investors, 1108
new commercial enterprise, 1105–6
original documents to USCIS, 1120
partnerships, 1108
pilot program, 1110–12
post-submission changes to petition, 1120
promissory notes, 1107–8
redemption agreement, 1108
regional centers, 1110–12, 1114, Apdx K
removal of conditional residence status, 1114–16
reserve payment, 1108
revisiting I-526 during I-829 process, 1119
revocation of petitions, 1124–25
securities law, 1117–18
source of funds, 1107, 1112
spouse of investor, 1116
targeted employment area, 1107, 1114
termination of status, 1116
travel during I-829 pendency, 1115
troubled business, 1109, 1113
trusts, 1108
employment/labor rights, 1585–92
employment verification, see E-Verify; Employer
sanctions
encouraging illegal aliens, see Transporting/harboring
Enhanced Border Security & Visa Entry Reform Act, 15
employment-based immigration, cont’d
2004
entertainers
see also O visas; P visas
H-2B visas, 888
immigrants, 1077–80, 1087
entrapment, 275
entry, see Admission
entry without inspection (EWI)
battered spouses/children, waivers for, 118–19, 972
criminal and civil penalties, 298
Cubans, 750
deportable, 186–87
inadmissibility, 59–60, 118–19
parole permitted, 60
Equal Access to Justice Act (EAJA), see Attorneys’
fees
equal protection, 36–42, 329–30
see also Constitutional issues; specific context of claim
asylum claims, 641
equitable tolling
distinguished equitable estoppel, 1271
FTCA, 1516–17
habeas corpus, 1448
in absentia orders, 479–80
ineffective assistance of counsel, 479–80, 1327–31
lottery, 1015
NACARA, see NACARA
relief, 1211–12
special cancellation, 1255
unfair immigration employment practice, 1596
escape in removal proceedings, 298
espionage, see Deportation grounds; Inadmissibility
grounds
ESTA (Electronic System for Travel Authorization),
see Travel
estoppel, 275, 386–88, 1269–71
distinguished equitable tolling, 1271
exhaustion not necessary, 1429
evidence, asylum cases, evidence in
abandonment for failure to present, 465
abstract of judgment, 461
administrative notice, 654–55, 1306–8
admission, 456
amnesty applications, use as evidence, 465
arrest reports, 460–61
asylum applications, use of as evidence, 462, 627
attorney’s statements in briefs, 460
authentication of documents, 454–56
battered spouses, 465, 971–73, 1247–48
briefs, statements in as evidence, 232
classified information, 417, 463–64, 729
close of hearing, 465
❏ OK to proceed
Signed: ___________________ Date: ______
criminal convictions, 456–57
document fraud not fatal to credibility, 663–64
expert testimony, see Expert testimony
foreign law, 462–63, 1506
hearsay
visa processing, 762–63
incompetents, 475–77
interview statements, 461–62
minors, 475–77
negative inference for failure to present, 465
offer of proof, 463
police reports, 460–61
polygraph, 446
presentence report, 459–60
presumption of regularity, 463
protective order information, 464
rap sheet, 461
record of conviction, 456–61
regularity, presumption of, 463
relevance in discretionary relief, 1220, 1240–42
removal proceedings (deportation), 407–17, 441–47,
450–65, 640
removal proceedings (inadmissibility), 181–82, 407–
17, 441–47, 450–65, 640
right to respond, 654–55
sealed information, 464
self incrimination, 449–50
sentencing factor notations, 460
sequestration of witnesses, 465
suppression of, 332–35, 448–49
vacated conviction, 460
EWI, see Entry without inspection
Ex Post Facto Clause, 328
exceptional ability, see EB-2 visas; Labor certification
exceptional and extremely unusual hardship, 1244–
45, 1249–52
exceptional hardship (§212(e) waiver), 148, 811–12
exchange visitors, see J visas
exclusion grounds, see Inadmissibility grounds
exclusion hearing and procedures, see Removal
proceedings—inadmissibility
exculpatory evidence, disclosure of
executive orders
see also Table of Authorities at p.1803
suspending admission, 144–45
executives, see EB-1 visas; L visas
exhaustion of administrative remedies, 277–78, 414,
1374–75, 1414–30
AWO, see Affirmance without opinion
bond, 1423–24
exceptions to exhaustion requirement, 1422–30
citizenship case/claim, 1425–26
detention case, 358, 1423–24
estoppel, 1429
failure to inform of relief, 1429
futility, 1428–29
intertwined issues, 1430
irreparable harm, 1429
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Date:
Time:
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extraordinary ability
legal issue arose after briefing, 1427
manifest injustice, 1427
no review procedure, 1422–23
pure legal question, 1427
raised fairly below, 1429
regulatory challenge, 1427
removal proceedings only, 1425
review procedure not mandatory, 1424–25
timeframe for review lacking, 1429
waiver of appeal not voluntary, 1430
habeas corpus, 1374–75
ineffective assistance of counsel, 429–30
torture, 1527
exit control system, see Travel
expatriation, see Naturalization and citizenship, subhead: loss of citizenship
expedited processing of cases, 777, 1026, 1124
see also Premium processing
expedited removal
administrative review, 162–63
credible fear, 161–62, 167, 626–27
criminal aliens, 500–501
Cubans, 161
detention, 162–63, 169
exceptions, 161–62
judicial review, 163, 1377, 1497
minors, see Juveniles
parole, 162, 169
reasonable fear, 635–36
stay of removal, 163
visa waiver program, 162
expert testimony
asylum, see Asylees and refugees
EB-1 petitions, 1078
EB-2 petitions, 1087
labor certifications, 1170
O visas, 895
P visas, 901
Export Control (EAR & ITAR) violations, 128–29,
830, 868, 896, 911
expropriate U.S. property
E treaties, 921
expungement
defer removal proceeding, 404
effect on criminal conviction, 261–64
extension of stay, 773–74
see also specific visas
cancellation of visa (INA 222(g)), 767
three/ten-year bar, 113–14
travel while extension is pending, 774
visa waiver program, 773, 786
extradition
asylum claims, 623–24
CAT, application of, 314, 605–6, 623–24
without extradition treaty, 314
extraordinary ability, see EB-1 visas; O visas
2005
❏ OK to proceed
Signed: ___________________ Date: ______
Job Name:
PDF Page:
Process Plan:
Date:
Time:
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extraordinary circumstances
extraordinary circumstances
asylum cases, 592–93
facilitation of crime, 201, 204, 241
factual findings reviewed, 735–42, 1214, 1281–82,
1297–98, 1468–70
failure to appear
asylum, 631–32, 648
relief unavailable, 478–79, 1205–6
removal, 119–20, 183, 478–92, 1205–6
voluntary departure, 1205–6, 1217–19
extraordinary rendition
Bivens, 1520–22
TVPA, 1526
extreme hardship
INA §212(h) waiver, 148–52
INA §212(i) waiver, 153–54
suspension, 1248–52, 1260
failure to depart
after final removal order, 298
Absconder Apprehension Initiative, 522–24
fines, 320
F
Fair Labor Standards Act, 176, 1588
F visas (academic students), 794–804
false statements, 294–97, 634, 689–91, 1562, 1632,
absence abroad, 802
1659–60
B-1/B-2 prohibited from attending school, 803
family-sponsored immigration, 967–1014
cancellation of visa under INA §222(g), 803
see also Immigrant visas; Lawful permanent residents;
change of address, 804
Preference petitions
change of status
accompanying, defined, 1005
from B-1/B-2, 803
adverse evidence, respond to, 1028–29
to H-1B (cap-gap), 797, 801–2, 826–27
affidavit of support, see Affidavits of support (I-864)
commuter students from Canada and Mexico, 796
aged-out child, see Aged-out children
consular procedure, 796
approval, 1028
criteria, 795–96
Armed Forces, family of deceased, 973, 1023
duration of status, 797
battered spouses/children, see VAWA petitioners
employment, 798–802, 1584
BIA procedural issues, 1277
Haitian students, 799
Syrian students, 799
burden of proof, 989, 1014, 1030
entry time after obtaining visa, 796–97
child defined, 974–83
extension of stay, 803
confidential evidence, 1027
family, 795, 803
consular processing, 1031–35
fee paid to SEVIS, 794–95
conversion, 1006–7
financial ability to attend school, 796
copies of documents to USCIS, 1025
full course of study defined, 796
criminal background of petitioner
grace period of 60 days, 797
as a basis for denial, 1021–22
H-1B cap, see subhead: Change of status (in this heading)
disclosure to beneficiary, 1027
in-state tuition, 804
derivative status, 1005, 1008–13
inadmissible because of visa abuse, 121
diplomat child, 966
international organization, internship with, 799
divorce, sham, see Divorce
online classes, 796
DNA testing, see DNA testing
out of status, 802
eligibility
overstay, 803
at time of approval, 1027
practical training, 799–801
at time of filing, 1026
STEM degrees eligible for OPT extension, 800–801,
expedited processing of petitions, 1026
Apdx M
fee waiver, 1026
forms. force of law, 330–31, 1025
public school attendance prohibited, 794–95
homeless cases, 1032
reduced course load, 795
immediate relatives, 967–1004
reinstatement, 803
children, 974–83
school certification by ICE, 804
de facto deportation of, 331, 1271
school ranking irrelevant, 794–95
parents, 967, 974, 983
SEVIS, see SEVIS
spouses, 983–1004
Social Security card, 802
widow(er)s, 967–69, 997–98, 1022–23
state tuition permitted, 804
inadmissibility not a basis to deny petition, 1027
status, out of, 802
investigation as basis to hold petition, 1027
strikes, 802
marriage-based petitions
subject of study irrelevant, 794–95
transfers, 798
see also Adjustment of status
tuition, in state, 804
visa abuse, 121
admissibility, presumption against, 1014
withdrawing from school, 798
approval of petition as presumption of validity of marFacebook, 1000
riage, 999
2006
❏ OK to proceed
Signed: ___________________ Date: ______
cohabitation, not required, 997, 1000
common law marriage permitted, 995–96
conditional residency, 983–86
removal of conditions, 983–87
death of spouse, effect of, 967–69, 997–98, 1022–23
divorce, effect of, see Divorce
fraud, see Marriage fraud
INA §204(c), 1001–3
judicial review, 989–90
living apart, petition not invalid, 997, 1000
naturalization, 993–94
outside U.S., 1003
permanent residency, 983–86
physical presence in U.S., 987
proof of bona fide marriage, 999–1001
proxy marriage, 997
public policy issue, 996
relation back doctrine, 125, 500, 996
religious marriage, 996
removal proceedings, 988–89, 999
marriage while in proceedings, 990–93, 1039–41
reopen, motions to, 1039–41, 1264, 1320–21
same-sex marriage not valid, 995
separation, effect of, 997
sham divorce, 990, 1001
sham marriage, 999–1001
status retained while fighting removal, 988, 1063
subsequent marriage, 993
termination, 988
test for validity, 999–1001
transgender marriage, 994–95
validity of marriage, 994
veteran’s spouse, 973, 1023
viability of marriage, 997–98
void marriage, 995
waiver, 984–86
military, family of deceased, 973, 1023
minor, sexual abuse of as bar to petition, 1021–22
nonpreference category, 967–1004
originals submitted to USCIS, 1025
parents, 967, 974, 983
petition returned by DOS to DHS, 1034
petitioner precluded from filing, 1021–22
preferences categories
1st (unmarried son or daughter of USC), 1004
2nd (spouse or unmarried child of LPR), 1004
3rd (married son or daughter of USC), 1004
4th (sibling of USC), 1004
presumption against admission, 1014
records unavailable, 1025
replacement visa, 1035
return of petition to DHS, 1034
revocation, 1029–30
sexual abuse of minor barring petition, 1021–22
siblings, 974, 978, 982–83, 1004
widow(er)s, 967–69, 997–98, 1022–23
family unity, see Legalization
farmworkers, see H-2A visas; Special agricultural
workers
Job Name:
PDF Page:
Process Plan:
Date:
Time:
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federal jurisdiction
fashion models, 861
fast-track
guilty pleas, 258–59
H-1B1s, see H-1B1 visas
premium processing, see Premium processing
FBI
as immigration agents, 348
records requests, see Discovery
federal authority to regulate immigration, 33–42
see also Preemption
based on distinction among aliens, 36–42
alienage-based discrimination, 36–37, 46
in immigration matters, 37–38
physical-location-based, 37
race or national-origin discrimination, 36, 38–39
sex discrimination, 39
enumerated constitutional powers, 33
executive powers, 35–36
implied constitutional powers, 33–34
legislative powers, 34–35
lower-level officials, 36
standards of review, 34
federal employer identification number (FEIN)
H-1B, 836, 843, above
labor certification, 1133, 1135–36, 1166
federal jurisdiction, 1341 et seq.
see also Judicial review
abuse of discretion, 1457–67
adjustment, 1001, 1016, 1018, 1029, 1349, 1354–55,
1400–1403, 1466
Alien Tort Claims Act, 1522–27
All Writs Act, 265, 1497
Anti-Terrorism Act of 1991, 1528–29
Anti-Terrorism and Effective Death Penalty Act
(AEDPA), 1363–66
APA, 1357–63
appealable orders, 1499
Article III issues, 1430–44
see also specific issues in this heading
attenuation, 1443
BIA not bound “case or controversy” limitation, 1286
Bivens action, 1519–22
Chevron deference, 1471–82
choice of law, 1489–91
civil rights actions, 1515–16
claims processing rules, 1284
vs. jurisdictional limitations, 1504–5
class action, 1498–99
committed to agency discretion, 763–64, 768–69, 815–
16, 938, 1279–81, 1321–23, 1450–52
consolidation of issues on review, 1352–53, 1492
constitutional claims not barred, 1342–44, 1414
consular review, 764, 769, 815–16, 1430–33, 1465,
1470
convictions, persons barred from review, 1349, 1363–
66, 1385–88
criminals, 1349, 1363–66, 1385–88
declaratory judgment action, 1384
deference to agency interpretation, 1471–82
denaturalization, 1650–51, 1656
departure from U.S., 1447–48, 1487–88
deportation proceeding, 1482–97
2007
❏ OK to proceed
Signed: ___________________ Date: ______
federal jurisdiction, cont’d
detention and parole, 171–75, 356–59, 363–75, 520–
22, 1350, 1385, 1388, 1423–24, 1466, 1487
discretionary decisions, review barred, 1349–50,
1388–1403
dismissal of complaint under FRCP 12(b)(6), 1511
effective dates of AEDPA and IIRIRA, 1512
exclusion proceeding, 1482–85
facially legitimate, bona fide, 171, 1457
factual findings reviewed, 735–43, 1214, 1281–82,
1297–98, 1468–70
federal-question jurisdiction, 1355–57
Federal Tort Claims Act, 1516–19
filing, timely, 1482–85
final order, defined, 1351–55
Foreign Sovereign Immunities Act, see Sovereign immunity
frivolous appeals, 440–41
fugitive, 1444–45
harmless error, 422–23, 473–74, 1471
IIRIRA changes, generally, 8–10, 1341–46
INA §106 legislative history, 1341
INA §236(e), 171–75, 356–58, 1385, 1466
INA §242, 1349, 1351–55
INA §242(a)(2)(b)(i), 1396–1403
INA §242(a)(2)(b)(ii), 1388–96
INA §242(a)(2)(c), 1349, 1385–88
INA §242(a)(2)(d), 1342–45
INA §242(b)(9), 1352–53
INA §242(g), 1403–7
injunctive relief, 1383–84, 1437
judicial notice, 1497
laches, 1443
law of case, 1375, 1471
legislative history, 1351
loss of citizenship, 1654–58
LPRs returning from abroad, 168–69
mandamus, 1378–83
mandate stayed, 1497
manifestly contrary to law standard, 744, 1457
mootness, 1440–43
nationality claim, 1492
non–final orders, 1430
noninquiry rule, 1444
notice of appeal, 1482–83
order that is appealable, 1499
pendent, 1355
political question doctrine, 1443–44
post hoc rationalization, impermissible, 1452–54
preclusion of review, see Judicial review
presumption of review, see Judicial review
prior adjudication, 1446
prior bars, 1413
Prison Litigation Reform Act, 1377
Privacy Claim Act, 415–16
private right of action under INA, 1534–35
REAL ID Act, overview, see REAL ID Act
record, 1454–56, 1492
reinstatement of removal order, 503–7, 1412–13
remands, 1464, 1492–97
federal jurisdiction, cont’d
2008
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retroactivity, 1506–10
ripeness, 1438–40
scope of review, see Judicial review
sovereign immunity, see Sovereign immunity
standard of review, see Judicial review
standing, see Standing
statutory construction, see Statutory construction rules
statutory preclusion to jurisdiction, 1341–51, 1385–
1414
stays, 1383–84, 1485–87
sua sponte reopening, 1450–52
subject-matter jurisdiction, 1430–33
substantial-evidence test, 735–44, 1467–71, 1491
summary judgment, 1510
summary removal, 1349, 1497
terrorism, 363–75, 503
Torture Victims Protection Act, 1525–27
trafficking victims, civil action, 1528
transfer of case to and from circuit court, 1375–76
Tucker Act, 1529
U.S. as party, 1444
U.S. nationality claim, 1492
venue, 1449, 1489–91
void for vagueness, 1511
waivers, 1349–50, 1388–1400
wrongful deportations, 1328–29, 1487–88
Federal Tort Claims Act, see Litigation
fees
attorneys’ fees, see Attorneys’ fees
consular fees for visas, 763
fee schedule, 1026
procedure for filing with BIA, 494
procedure for filing with IJ, 493–94
refund, 1026
waiver, 155–56, 1026
female genital mutilation (FGM)
as persecution, 544, 606, 642–43, 718–19
fiancé(e)s, see K-1 and K-2 visas
Fifth Amendment
see also specific rights
in absentia hearing, 492
burden of proof not satisfied, 449–50, 465–66
continuance, basis for, 404
crimes as basis for assertion, 450
removal proceeding, 449–550
suppression, 332–35
motion, 448–49
taking, 1522
testify, refusal to, 449–50, 465–66
fifth preference (employment), see Employmentcreation visas
Filipino war veterans
final order
defined, 1351–52
remand, as a, 1496–97
fines, 316–20
airlines, 316–17
appeal, 317, 320
defenses, 316–17, 319–20
destroying documents on landing, 318
❏ OK to proceed
Signed: ___________________ Date: ______
document fraud, 317–20
employer sanctions, see Employer sanctions
entry, attempted, 298
escape from removal, 298
EWI, 298
failure to depart after final order, 320
mitigation, 316
remission, 316
unfair immigration employment practices, 1598–99
firearms
deportation, 204–6, 242–44
moral turpitude, 101
firm resettlement, see Asylees and refugees
first offender status, see Convictions
first preference, see EB-1; Employment-based immigration; Family-sponsored immigration
Fleuti doctrine, 63–65
flight from DHS at high speed
criminal statute, 299
removal ground, 240
following to join
defined, 1006
derivative status, 1013
force, excessive use of, 340
forced abortion/sterilization
as basis for inadmissibility, 144
as persecution, 10, 536, 720–26
forced feedings of detainee, 176
Foreign Agent Registration Act, 191
foreign asset control violations, 129, 1124
foreign convictions, see Convictions
foreign degrees
advanced degree defined, 1085–86
foreign degree equivalency, 1093–94, 1163
foreign law, 462–63
foreign medical graduates (FMGs)
(now, more commonly, “international medical graduates”), see Physicians (IMGs)
foreign officials, see A visas; Diplomats; G visas
foreign policy
detention, 518
grounds of removal, 189–90
foreign-residency requirement, 810–17
annotation error, 816
change of status, ineligible, 775
E.U. countries, 816
family members, 820
H-1Bs, foreign residency not required, 823
impossibility of performance, 816
judicial challenge, 815–16
legalization, 1608
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fraud and misrepresentation
loss of citizenship, 816
O visas, 892
P visas, 898
repayment of funds, 816
residency in third country, 816
skills list, 807, 810, 816–17
spouses and children, 820
suspension, 1260
third country residency, 816
waiver, 148, 760, 775, 810–17
Foreign Sovereign Immunities Act, see Sovereign
immunity
foreign state chargeability, see Immigrant visas
forfeiture, 290–94
collateral attack, 292
constitutional infirmity of procedures, 291–92
criminal, 301
defenses, 291–92
foreign judgment enforcement, 293
fugitive, 292
grounds for, 290–91
innocent owner, 291
probable cause for, 291
remission and mitigation, 290–91
trial by jury, 292
forms
see also specific topics covered by forms
force of law and instructions, 330–31, 777, 1024
I-9s, 1555–65, 1594, 1601
false claim to U.S. citizenship, 1562
I-90, 1064
I-129, see Change of status; Nonimmigrants; Premium
processing; specific nonimmigrant visas
I-130 [see, generally, p. 965 et seq. (Chap. 6)]
reinstatement, 998, 1030
I-824 (duplicate approval notice), 761, 764, 1006,
1012, 1045, 1064
I-864, see Affidavits of support (I-864)
forum shopping
adverse credibility finding, 683
“found in” U.S. after removal, 268–70, 272–74, 309
Fourth Amendment, see Arrests; Search and seizure
fourth preference, see Family-sponsored immigration;
Special immigrants; specific types of immigrants
fraud and misrepresentation
amnesty related, 298, 1608–9
battered spouses/children, waivers for, 153, 1001
civil proceeding, 121, 317–20
crime of moral turpitude, 101
criminal proceedings, 294–97
document fraud, see Documents
Fraud Detection and National Security (FDNS), 1000,
1099
immigration-related fraud, 294–97
inadmissibility ground, 121–25
2009
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fraud and misrepresentation, cont’d
material misrepresentation
asylum claims, 628–31
as inadmissibility ground, 121–25
in lieu of marriage fraud, 1002
relation back doctrine, 125
naturalization by fraud, 1658–60
relation back doctrine, 125
SAW fraud, see Special agricultural workers
Social Security fraud, 299
willful blindness
CAT claims, see Convention Against Torture (CAT)
deliberate avoidance as inadmissibility ground, 124
free trade agreements, see E-3 visas; H-1B1 visas;
NAFTA
Freedom of Information Act (FOIA)
fugitives, 414
genealogy, 408
in camera review, 413–14
Open Government Act, 408, 1549
visa records disclosure, 769
gender-based discrimination, see Sex discrimination
gender-based persecution, see Asylees and refugees
fraud and misrepresentation, cont’d
Freely Associated States (Micronesia, Marshall
Islands, Palau)
visa not required, 784
frisking, 339
frivolous filings
appeals, 437–38, 1289
asylum applications, 640
fugitives
deportation status, 298, 300, 522–24
escape from removal proceedings, 298
fugitive disentitlement doctrine
administrative review, 1334
FOIA, 414
petitions for review, 1444–45
right to pursue administrative appeal, 1334
right to pursue FOIA requests, 414
right to pursue forfeiture claim, 292
right to pursue relief, 1205–6
waiver of federal appeals, 1444–45
G
G visas (international organizations)
see also Diplomats
adjustment, 932, 1039
cancellation of visa under INA §222(g), 767, 932
children born in U.S., 932
criteria, 931–32
employment, 932
family, employment of, 932
inadmissible, 931
NATO, 933
overstay, 767, 932
retention of LPR status, 932
security and advisory opinions, 931
special immigration, 1100
three/ten-year bar, 110
2010
General Counsel, legacy INS
memoranda not binding on DHS, 1305–6
Global Entry program, see Travel
good moral character, 1212–15
aggravated felony, 1214
battered spouse, child or parent, 971
discretionary ineligibility, 1214–15
military service for naturalization, 1635
registry, 966
statutory ineligibility, 1212–14
government counsel, see Attorneys
government suits, see Litigation
grandfathering
§245(i) purposes, 1050–52
employer sanctions, 1555, 1575
green cards (I-551)
conditional residency, 1063
confiscation of, 1064
criminal charge, for failure to carry, 299
replacement of, 1063–64
second residency, 1064–65, 1266
status, not determinative of, 965
substitute while proceedings pending, 1063–64
verifying residency, 1064
grounds of removal, see Deportation grounds; Inadmissibility grounds
Guantanamo, detention, 176
guardians
ad litem, 331, 476
for deportation hearing of minor, 475–77
for inadmissible person, 70
Guatemalans
see also NACARA
American Baptist Church agreement, 621–22
guidelines, see Poverty guidelines; Sentences and sentencing
guilty pleas, 255–59
agreement with prosecutor, 300
fast track plea, 258–59
vacate plea, 255–56, 266
withdrawal of plea, 259, 266
Gulf War veterans, naturalization, 1642
H
H visas
see also specific H visas
adjustment application, effect of pending, 861, 1059
advance parole unnecessary, 861
Australian special occupation visas, 921–22
dual intent, 759–60, 861, 1060
fast track visas, 867–68
intending immigrant, exempt from, 759, 823
numerical limitations, 760, 824–27, 867–68, 890–91
petition required, 764
❏ OK to proceed
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H-2A visas (agricultural temporary workers)
H-1A visas, see Nurses
LCAs, see Labor condition applications
H-1B visas (specialty occupations)
license requirement for position, 834, 855, 857, 862–63
adjustment of status
liquidated damages clause, 824, 839
adjustment not bar to continue status, 1059–60
maintain status, 830
extension while adjustment pending, 860, 1059–60
masters degree or equivalent, 830, 835, 852–53
travel without abandoning adjustment, 861, 1057
multiple employer, 857
admission, period of, 857–60
numerical limitations, see subhead: Caps (in this headadvance parole unnecessary, 861, 1057
ing)
agents, 828, 854
nurses, see Nurses
attestation, see Labor condition applications
overstay/INA §222(g), 766–68, 827
bachelors’ degree or equivalent, 830, 835
owner as petitioner, 828
benching, 837
per diem payment, 836–37
caps, numerical, 760, 824–27
petition
cap-exempt, 827
amended petition, 855–57
change of status and cap-gap, 797, 801–2, 826–27
new petition, 856
doctors exempt, 824
revocation, 857
INA §222(g), 827
validity date from work date, 855
master’s degree, 826
physicians, see Physicians
change in employment, 761, 855–57
portability, 829–30, 856
classes, attending while in H-1B status, 860
posting notice, 845
credential evaluations, 835
electronically, 845
criteria, 823–30
prevailing
wage, 839–43
Defense department visa, 861–62
procedures, 764, 777–79, 854–57
professional defined, 830–34
dependent employers, 823, 836, 852–54
professional employer organization, 827
DHS fees, 854
public access file, 844–45
documentation needed, 855
reduction in force as termination, 857
dual intent, 759–60, 823, 860, 1057
revocation, 857
E-3, similar to H-1B standard, 921
safe harbor, 840
educational equivalent, 830, 834–35
salary by foreign employer, 827
employee payment, 824
salary, payment within 30 days of entry, 824
employer
self-petitioning, 828
change in, 761, 855–57
Singapore (H-1B1), 867–68
employee -employer relationship, 828–29
six year limitation, 857–58
multiple, 857
extension beyond six years, 858–60
required U.S., 827
specialty occupations, 830–36
successor, 855
spouse and children, 860–61
employment, short term, 856
strikes, 830, 843
evaluation, 835
successor employer, 855
experience sufficient, 835
TARP, 830
Export Administration Regulation (EAR) violations,
termination of employment and status, 830, 856
129, 830
time limitation, 857–60
extension during adjustment, 860
transportation costs, 824
extension, period of, 857–61
travel during pendency of adjustment, 861, 1057
U.S. employer only, 827
fashion models, 861
whistle blowers, 850–51
fast track, 867–68
willful violators, 836, 845, 852–54
fees, 854
fines for failure to comply, 847–49
H-1B1 visas (Chile/Singapore FTA), 867–68
foreign medical graduates, see Physicians
foreign residency not required, 823
129, 868
fraud, investigation by FDNS, 861
numerical cap, 826, 868
grace period of ten days, 858
H-1C visas, see Nurses
H-1B Visa Reform Act of 2004, 18–19
H-2A
visas (agricultural temporary workers)
iCERT, 836, 839–40, 843–44
countries
designated for program, 874–75
immigrant intent, 759–60, 860, 1057
enforcement
of contract, 875–76
INA §222(g), 766–68, 827
portability, 874
independent contractors, 828
international medical graduates (IMGs), see Physicians procedures (DHS), 874–75
procedures (DOL), 868–74
job shop (referred employees), 828
requirements, 868
seasonal defined, 868
labor certification, effect of filing, 823
temporary defined, 868
layoff, 837, 853–54
2011
❏ OK to proceed
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H-2B visas (nonagricultural temporary workers) KURZBAN’S IMMIGRATION LAW SOURCEBOOK, 13TH ED.
H-2B visas (nonagricultural temporary workers)
associations, unacceptability of filings from, 889
athletes, 888
beneficiaries
naming, 889–90
substitution of, 890
countries designated, 888
debarment, 887, 889
enforcement, 889
entertainers and athletes, 888
Fair Labor Standards Act, 1588–89
job contractors, 877–78, 885
procedures (DHS), 888–90
procedures (DOL), 878–88
requirements, 876–90
revocation, 891
temporary defined, 876–77
unfair immigration employment practices
relationship to, 1593
H-3 visas (trainees)
admission, 822
criteria, 821
distinguish B-1 and J-1, 822
extension, 822
externs, 822
labor certification as grounds to deny, 822
nurses, see Nurses
programs excluded, 821
special education exchange program, 822
training program, 821
habeas corpus
AEDPA, 1363–64
against Attorney General, 1371–72
bail, inherent authority to grant, 1368
class treatment, 1498–99
collateral attack, 1376
constitutional review, 1363, 1414
criminal proceedings, 266
custodian, 1371–73
in custody requirement, 1369–71
delay in hearings not permissible, 1376
detainers, 359–62
discovery, 1376
district court filing, 1375–76
equitable tolling, 1371
exhaustion requirement, 1374–75
Great Writ, 1363, 1414
IIRIRA, 1363–64, 1367
law of the case, 1375
outside U.S., 1373–74
personal jurisdiction, 1371–73
personal service, 1371–73
procedural requirements, 1378
REAL ID Act, 20–22, 1364–66
relief, 1368–69
res judicata, 1375
revocation of visas, 1369
sanctions against counsel, 1378
successive applications, 1377
summary removal, 163, 1377, 1497
terrorist suspects, 373–75
2012
transfer affecting jurisdiction, 1370–71
vacation or set-aside of conviction, 266
venue, 1371–73, 1449
Hague Convention on Protection of Children, see
Adopted children
Haitians
Cuban-Haitian Adjustment Act, 748
deferred departure program, 615–16
Help HAITI Act of 2010, 29, 1021
HRIFA, 11, 615–16, 1016–18
aged-out children, 1010
interdiction, 145, 539–40
student (F-1) employment, 799
suspected human rights violations as ground of inadmissibility, 10, 144
temporary protected status (TPS), 622–23
harboring aliens, see Transporting/harboring
hardship
exchange visitor, 148, 810–13
harmless error doctrine
deportation, 329, 422–23, 473–74
federal court, 1471
health care (foreign) workers, 79–81
health-related inadmissibility grounds, 65–70, 159
health-related reason for release, 162, 170, 372
hearings, see specific tribunals (e.g., Board of Immigration Appeals), specific type of proceeding (e.g.,
Employer sanctions, Removal proceedings), specific
issues (e.g., In absentia hearings), etc.
hearsay, see Evidence
high-speed flight, see Flight from DHS
history of immigration laws, 3–29
21st Century DOJ Appropriations Auth. Act, 16
1965 Amendments, 4–5
1976 Amendments, 5
1978 Amendments, 5
1981 Amendments, 5
Act to Encourage Immigration of 1864, 3
Adam Walsh Child Protection and Safety Act of 2006,
23
AEDPA (Anti-Terrorism and Effective Death Penalty
Act ), 8
Afghan Special Immigrants, 28
AIDS/HIV (Tom Lantos and Henry Hyde ... Reauthorization Act), 26
Alien and Sedition Acts of 1798, 3
Alien Enemies Act of 1918, 4
American Competitiveness & Workforce Improvement
Act (ACWIA), 11
American Competitiveness in 21st Century (AC21)
Act, 12–13
American Recovery and Reinvestment Act of 2009, 28
Anti-Drug Abuse Acts, 5–6
anti-terrorism provisions, 8–9, 11, 14–15, 18–21, 24–25
Armed Forces Immigration Adjust. Act of 1991, 7
Asiatic Barred Zone, 4
Child Citizenship Act of 2000, 13
❏ OK to proceed
Signed: ___________________ Date: ______
Child Soldiers Accountability Act, 26
Child Status Protection Act, 16
Chinese Exclusion Act of 1882, 3
Chinese Student Protection Act of 1992, 7
COMPETE Act of 2006, 24
Conrad 30 extension, 26
Consolidated Natural Resources Act of 2008 (CNRA), 26
contract labor laws, 3
death of petitioner/principal, 15–18, 25, 28
Detainee Treatment Act of 2005, 23
early immigration legislation, 3–4
Employ American Workers Act, 28
Enhanced Border Security and Visa Entry Reform Act, 15
Exclusion Laws, 3–4
H-1B fee increase, 29
H-1B Reform Act of 2004, 18–19
Hague Convention on Adoption, 12
Haitian Refugee Immigration Fairness Act (HRIFA), 11
health care (Patient Protection and Affordable Care
Act), 29
Help HAITI Act of 2010, 29
Heroes Earnings Assistance and Relief Tax Act of
2008, 26
Homeland Security Act and Amendments, 16–17
Human Rights Enforcement Act, 28
Illegal Immigration Reform and Immigrant Responsibility Act (IIRIRA), 8–10
Immigration Act of 1882 and 1891, 3
Immigration Act of 1907, 4
Immigration Act of 1990, 6–7
Immigration and Nationality Technical Corr. Act of
1994, 7–8
Immigration Marriage Fraud Amendments Act
(IMFA), 5
Immigration Reform and Control Act (IRCA), 5
INA §245(i) legislation, 10, 14
INS abolished, 16
Intercountry Adoption Act, 12
International Marriage Broker Regulation Act of 2005, 23
Irish Peace Process visas, 11
L-1 fee increase, 29
L-1 Reform Act of 2004, 18–19
LIFE Act and Amendment, 14
McCarran Walter (1952) Act, 4
Military Commissions Act of 2006, 24
Military Personnel Citizenship Process Act, 26
Military Personnel, Naturalization and Other Immigration Benefits, 17–18, 26
Miscellaneous and Technical Immigration and Naturalization Amendments of 1991, 7
NACARA, 10
National Defense Authorization Acts
for FY 2004, 17–18
for FY 2006, 23
for FY 2008, 25
national origin quota system, 4
Naturalization Act of 1790, 3
Northern Mariana Islands (CNMI), 26
Nursing Relief Acts, 6, 12
Passport Act of 1918, 4
Patient Act To Extend VD, 13
REAL ID Act of 2005, 20–22
Refugee Act of 1980, 5
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hunger strike by detainee
Refugee Crisis in Iraq Act of 2007, 25
Religious Freedom Act of 1998, 11
Save Our Small and Seasonal Businesses Act of 2005,
21–22
Secure Fence Act of 2006, 24
Soviet Scientists Immigration Act, 7, 16
Steerage Act of 1819, 3
Syrian Adjustment Act, 13
TARP H-1Bs, 28
Tax, The Heroes Earnings Assistance and Relief Tax
Act of 2008, 26
terrorism exceptions (Consolidated Appropriations Act
of 2008), 24–25
Terrorism Prevention Act of 2004, 19–20
terrorist states (broadening FSIA waiver), 25
Torture Victims Protection Act (TVPA), 7
Torture Victims Relief Reauthorization Act of 2003, 18
Trafficking Victims Protection Acts and VAWA
2000 Act, 13
2003 Reauthorization Act, 18
2005 VAWA and DOJ Reauthorization Act, 22–23
2008 Reauthorization Act (William Wilberforce)
(TVPRA), 27–28
Travel Promotion Act of 2009, 29
UN Convention Against Torture, 11
USIA abolished, 11
VAWA, see subhead: Trafficking Victims Protection
Acts (in this heading)
Vietnam, Cambodia and Laos Adjustment Act, 13
Violent Crime Control and Law Enforcement Act of
1994, 7
Visa Entry Reform Act, 15
welfare law (Personal Responsibility and Work Opportunity Reconciliation Act), 8
widow’s penalty legislation (2010 DHS Appropriations Act), 28
HIV, see AIDS/HIV
Homeland Security Act, 16–17
homeless visa cases, 1032
homosexuality / LGBT
adoption, 980
asylum claims, 551, 555, 561, 563–65, 717–18
marriage, 995
mental health, 70
Honduras
temporary protected status, 622
housekeepers, see Domestics
HPSA (health professional shortage area), 12, 813–
15, 823, 862, 1088, 1090–91
HRIFA, see Haitians
humanitarian
asylum, 579–80
parole, see Parole
reinstatement of I-130, 998
Hungarians
cancellation of removal, 1253
hunger strike by detainee, 176
2013
❏ OK to proceed
Signed: ___________________ Date: ______
I visas (information media representative)
I
I visas (information media representative), 926–27
IBIS lookout system, 156, 764, 768, 772, 1044, 1563
ICE, see Immigration and Customs Enforcement
iCERT, see Labor certification; Labor condition applications
IDENT biometric system, see Biometric identification
identity theft (aggravated), 296, 1660
illegitimate children, see Legitimacy and paternity
immediate relatives, see Family-sponsored immigration
Immigrant Investor Pilot Program, see Employmentcreation visas (EB-5)
immigrant visas
see also Employment-based immigration; Familysponsored immigration; Preference petitions;
specific visas and professions
adjudication prior to submission, 1120
adjustment, differences with, 1031–61
affidavit of support, see Affidavits of support
aging-out, see Aged-out children
burden of proof, 1014, 1024, 1030, 1032, 1034
changes to petition, 1120
consular processing, see Consular processing
continuance based on petition, 401–4
copies of documents permissible, 1025
criminal background of petitioner
as a basis for denial, 1021–22
disclosed to beneficiary, 1027
death of petitioner, see Death of petitioner
denials, 156, 1028–29, 1034–35, 1124
deportation not stayed, 1028
discretionary acceptance, 1032
dual intent, 759–60
eligible at application time, 1026–27
embargoed countries, 1124
employment not granted when petition approved, 1130
entry to U.S. within six months, 1035
expedited processing, 1026, 1124
fingerprint checks, 1033–34
foreign state chargeability, 1005–6
homeless visa cases, 1032
investigation, withholding approval until, 1027
lottery, see Diversity immigrants
medical exam, 1033
name check procedure, 1033–34
National Visa Center, 1030–32, 1034
numerical limitations, 1004–5
oversubscription, 1005, 1014
petition with DHS, 1021–31, 1119–20
adverse evidence, right to respond, 1028–29
amending petitions, 1026–27, 1120
humanitarian reinstatement after death, 998, 1023–24,
1030
return of, 1034
revocation of, 1029–31, 1124–25
police certificate, 1033
2014
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Date:
Time:
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presumption against admissibility, 1014
return of visa petition, 1034
revocation, 1029–31, 1124–25
second residency, 1064–65
security checks, 764–65, 1033–34
tax returns, 1033
third country processing, 1035
three/ten-year bar, 972, 1059
venue, 1024
waivers of inadmissibility, 145–56
widow(er)s, 967–69, 997–98, 1022–23, 1030
Immigration Act of 1990, 6–7
immigration agents
criminal conduct, reporting, 301
power to arrest, 345–48
right to search and seizure, 332–35
Immigration and Customs Enforcement (ICE)
ICE counsel agreement, see Prosecutorial discretion
secure communities initiative, 362, 523
Immigration Court Practice Manual
attorney, limited appearance, 433
change of venue, 180, 396–98
document submission, time, 418, 444
evidence, presentation/form, 416–17, 444–47, 454
filing documents, 396
deadlines, Apdx C
FOIA, 407–14
hearing, procedural issues, 418
prehearing conference, 417
subpoena, 414
immigration judges (IJs)
Benchbook, 384, 435, 474, 476
contempt power, 437
credibility determinations, see Credibility determinations
directory, Apdx C
misconduct, 494–98
off-the-record discussion, 323, 474, 1454–56
recusal, 353, 494–98
roles as prosecutor and adjudicator are separate, 498
sanctions, 437–41
transfer of case to new IJ, 497
Immigration Marriage Fraud Amendments Act, see
Marriage fraud
Immigration Reform and Control Act, 5
see also Employer sanctions; Legalization; Unfair immigration-related employment practices
immunity
of government officials, see Litigation
imprisonment
defined, 10, 192
imputed political motive, 557–58
social group claim, 561
❏ OK to proceed
Signed: ___________________ Date: ______
in absentia hearings
appeals, 481
defenses, 482–92
equitable tolling, 479–80, 1330, 1463–64
exceptional circumstances as defense, 489–91
finality of order, 481
minors, 476, 492
notice, 483–89
removal (inadmissible), 183, 478–92
rescission of order, 479–81
self-incrimination, 492
in forma pauperis, 181, 432
INA §212(c), 1231–40
adjustment permitted, 1234
bars to eligibility, 1237–40
comparable ground of removal, 1239–40
conviction after trial, 1233–34
convictions prior to 1990, 1237
equal protection claim, 1240
exclusion proceedings, 1231–32
special motion to reopen, 1235
St. Cyr eligibility, 1232–34
statutory counterpart rule, 1239–40
INA §245(i), see Adjustment of status
inadmissibility, see Inadmissibility grounds; Removal
proceedings—inadmissibility; Waivers
inadmissibility grounds, 65–145
see also Admission; Removal proceedings—
inadmissibility; Waivers
§274C final order, 121, 191, 317–20
accompanying inadmissible person, 70
body parts, coercive transplantation of, 144
business information, trafficking in, 143
child abduction, 128
child soldiers, recruit of, 143
citizenship, false claim of, 126–27
citizenship, ineligible for, 126
Colombian insurgents, aiding and abetting, 144
communicable disease, 65–66
Communist Party affiliation, 142
confiscator of U.S. property, 143
corruption, 144
criminal grounds, 81–107
Cuba, confiscation or trafficking in property, 143
deported previously, 107–8
diplomats, 106–7
disclose confidential business information, 143
documentary violation, 107–21
draft evasion, 126
drug abuser, drug addict, 69–70
drug offenses, 101–5
drunk driving, 92, 94–95
economic, 70–81
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inadmissibility grounds
effective date of new grounds, 156
elimination of certain grounds, 70, 81, 107, 128
espionage, 128–29
EWI, 119
excluded previously, 107–8
executive order, 144–45
export of technology, prohibition on, 129
expropriator of U.S. property, 143
extrajudicial killing, 143
final order under INA §274C, 121, 191, 317–20
forced abortion or sterilization, direct involvement in, 144
foreign assets control violation, 129
foreign conviction, 90
foreign health care workers, 79–81
foreign policy, 141, 163
former grounds, 70, 81, 107, 128
fraud, see Fraud and misrepresentation
genocide, 142
guardian of inadmissible person, 70
Haitians, suspected human rights violators, 144
health care workers, foreign, 79–81
health related grounds, 65–70, 159
HIV, 65–66
human trafficking, 106
illiteracy, 128
Immigration Act of 1990, 70, 81, 128
ineligible for citizenship, 126
inspection, failure to undergo, 108–19
intending immigrant, 125
medical graduate, foreign, 78–81
mental disorder, 68–69
military-type training, recipient of, 130
misrepresentation, see Fraud and misrepresentation
moral grounds, 107
moral turpitude crimes, 81–101
multiple crimes, 105–6
Nazis, 142
no visa, 125
nonimmigrant without passport/visa, 125
organ transplantation through coercion, 144
overstays
see also subhead: Three/ten-year bar (in this heading)
new visa prior to reentry, 766–68
physicians, 767, 866
visa void, 766–68
overthrow of U.S., 129
passport invalid, 125
petition approval not barred, 1027
physical disorder, 68–69
physician, 78–81
polygamy, practicing, 107
present without admission or parole, 119
presidential proclamation, by, 144–45
prostitution, 106
public charge, 70–81
reason to believe, 104–5, 128, 146, 254
reentry after EWI or removal, 107–8
religious persecutor, 143
removal order, 107–8
removal proceedings, failure to attend, 119–20
renounced citizenship for tax purposes, 81
2015
❏ OK to proceed
Signed: ___________________ Date: ______
inadmissibility grounds, cont’d
sabotage, 128–29
security grounds, 128–45
sex traffickers, 106
smuggling, 120–21
stowaway, 120
student visa abuser, 121
tax avoider, 81
terrorism, see Terrorists and terrorism
three- and ten-year bars, 108–17
torture, 143
totalitarian party membership, 142
trafficking drugs, 104–5
trafficking in persons, 106
unlawful activity, 129
unlawful presence, 108–19
vaccinations, 66–68
voting unlawfully, 127–28
waivers of inadmissibility, see Waivers
inadmissibility hearing, see Admission; Removal proceedings—inadmissibility
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international law
defense to removal, 331, 393
Inter-American Commission on Human Rights, 1534
International Covenant On Civil and Political Rights,
331, 393, 1505–6, 1523
refugee protection, 533–35
statutory construction, avoid violating international
law, 1505–6
U.N. Conventions
Relating to the Status of Refugees, 533–34
Vienna Convention on Consular Relations, 250, 253,
255, 292, 324, 333, 499, 523, 929, 1302, 1417,
1500–1501, 1515, 1523–24, 1534, 1536, 1589
waivers based upon, 393
International Marriage Broker Regulation Act of
2005, 23
international medical graduates (IMGs), see Physicians
international organizations representatives, see C
visas; G visas
incompetents
International Religious Freedom Act, 11, 143, 462, 688
hearing, 475–77
Internet resources, Apdx H
inconsistent decisions
internships, see F visas; J visas
interpretations, see Translations and translators
indefinite detention challenge, 168–69, 366–73
independent contractors
interviews
asylum applicants, 627–33
indeterminate sentence, 236–37
reinterview before deportation, 636
ineffective assistance, see Counsel, right to
telephonic interviews, 635
InfoPass, 448, 649, 1028
at consulate, see Consular processing
evidentiary use of inconsistencies in airport interview,
informants
461–62, 687–88
asylum, 727
as witnesses, see S visas
phone or video interviews, see Telephonic and video
information media, see I visas
technology
injunctive relief, 1383–84, 1437
rescheduling interviews
INSPASS, 160
asylum, 631–32
inspection and admission, see Admission; Removal
proceedings—inadmissibility
intracompany
transferees, see L visas
instructions on forms, see Forms
investors
intending immigrant (INA §214(b))
see also E-2 visas; Employment-creation visas
H and L categories exempt, 759–60
B-1 to explore investment, 791
inadmissible for, 125
labor certification issues, 1179–83
presumption of, 759–60
physicians as investors, 866
Intensive Supervision Appearance Program, see
removal proceedings, 188, 1116–17
ISAP
Iranians
Inter-American Commission on Human Rights, 1534
immigrant visa processing, 1032
interdiction, 539–40
Iraqis
interlocutory appeals
employed by U.S. in Iraq, 25, 538
BIA, see BIA review
refugees of special humanitarian concern, 538
safe third country, Canadian-U.S. agreement, 589–90
intermediate scrutiny, 34
International Covenant on Civil and Political Rights special immigrants
providing faithful and valuable service to U.S., 25, 1104
Alien Tort Claim, 1523
translators, 23, 1103
de facto deportation of child, 331
special registration (NSEERS), 179–80
dismissal of NTA, 393
translators for U.S. military, special immigrant status,
INA §212(h) relief, 393
23, 1103
TWOV, 943
inadmissibility grounds, cont’d
2016
❏ OK to proceed
Signed: ___________________ Date: ______
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Time:
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judicial review
Irish
Irish Peace Process and Cultural and Training Program
Act of 1998, 11
Q-2 visas, 924
visa waiver, 785–88
ISAP (Intensive Supervision Appearance Program),
352, 519
J
J visas (exchange visitors), 806–21
administrative review, 815, 1311
admission and extension, 818–19
appeals to Exchange Visitor Waiver Review Board,
815, 1311
au pair program, 808
B-1 in lieu of J-1, 810
Canadians subject to 212(e), 817
cancellation of visa under INA §222(g), 767–68, 815
categories of J-1s, 807–8
change of program, 817
children, 820
citizenship, loss of, 816
college and university internship program, 808
criteria, 806
designation of program, 820–21
dual intent, 759–60
employment, 819
spouses, 819
entry into U.S., 817–19
estoppel, 820
exceptional hardship waiver, 811–12
Exchange Visitor Waiver Review Board, 815, 1311
extension of stay, 818–19
foreign residency requirement, see Foreign-residency
requirement
full course of study defined, 819
government agency waiver, 813–15
grace period, 819
H-1B cap, 824–27
hardship waiver, 811–12
hotline, 817
internship programs, 807
medical graduates, see Physicians
medical insurance, 806
no objection waiver, 812–13
overstays, 767–68, 815
period of stay, 817–18
persecution waiver, 810–11
physicians, 806, 810, 813–15
procedure for J, 817–20
procedure for waiver, 810–17
reinstatement, 819–20
revocation of J program, 820–21
SEVIS, 806, 815, 817–18, 820
skills list, 807, 810, 816–17
special country programs, 809
spouse and children, 820
State 30 waiver, 813–14
summer, work and travel program (SWT), 809, 818
teacher programs, 808
third country residency, 816
three- and ten-year bars, 110
trainee programs, 807
transfer to other J programs, 817
waiver, 810–17
waiver hotline, 817
Jencks Act, 414
job contractors, see H-2B visas
joint sponsors (I-864), see Affidavits of support
Joseph hearing, 365
judges, see Immigration judges
judicial notice, 1307–8, 1456, 1497
see also Administrative notice
judicial recommendation against deportation
(JRAD), 6, 256, 260–61, 1213, 1605–6
see also Federal jurisdiction
adjustment of status, 1001, 1016, 1018, 1029, 1349,
1354–55, 1400–1403, 1466
Administrative Procedure Act (APA), see Administrative Procedure Act
aggravated felonies, 363–1378, 1385–88
Anti-Terrorism and Effective Death Penalty Act
(AEDPA), 1363–66, 1376
appeal procedures
aggravated felons, 1349, 1375–77, 1385–88
dilatory/frivolous appeal, 440–41
exclusion, 1341, 1482–85
IIRIRA changes, 8–10, 1341–51, 1363–64
record, 474, 1454–56, 1492
remand, 1464, 1492–97
removal, 1291–92, 1482–97
reopen, motions to, 1347–48, 1354, 1422, 1448–49,
1461–64, 1484, 1491–92
time for filing, 1482–85
venue, 1449, 1489–91
Article III questions, see Federal jurisdiction
attenuation, 1443
BIA or IJ decision, 1303–5
bonds, 356–59, 1385, 1388, 1423–24, 1466, 1487
class treatment, 1498–99
16, 938, 1279–81, 1321–23, 1450–52
consolidation of issues for review, 1352–53, 1492
consular decisions, 764, 769, 815–16, 1430–33, 1465,
1470
continuances, 405–6
Convention Against Torture, see Convention Against
Torture
corroboration, 745, 1412, 1469
criminals, 1349, 1385–88
deference to agency action, 1471–82
denaturalization, 1656
departure during appeal, 1447–48, 1487–88
2017
❏ OK to proceed
Signed: ___________________ Date: ______
judicial review, cont’d
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detention, 171–75, 356–59, 363–75, 520–22, 1349,
removal, expedited, 163, 1349, 1377, 1497
1385, 1423–24
reopening, see subhead: Motions to reopen (in this
district director decisions, 1354–55
heading)
diversity immigrants, 1015–16, 1381
rescission, 1061, 1355, 1470
effective dates of AEDPA and IIRIRA, 1512
restrictions on review, 1349–50
employer sanctions, 1470, 1581–82
return if unlawfully deported, 1488
employment-based petitions, 1030–31, 1079–80, 1084, ripeness, 1438–40
1130, 1388–1403
scope of review, 1296–1308, 1346–48, 1449–82
expedited removal, 163, 1349, 1377, 1497
factual determinations and nondiscretionary grants,
16, 938, 1279–81, 1321–23, 1450–52
733–45, 1468–69, 1491
de novo, 1296–97
family-based petitions, 989–90, 1388–1403, 1465
facially legitimate and bona fide, 171, 1457
federal question jurisdiction, 1355–57
habeas corpus review, see Habeas corpus
final order, defined, 1351–55, 1357, 1482–85
manifestly contrary to law, 744, 1457
fines (civil penalties), 317, 320
plenary review, 1449–50
Foreign Sovereign Immunities Act, see Sovereign imsubstantial evidence, 735–44, 1467–71, 1491
munity
standard of review, 1456–71, 1491
fugitive disentitlement doctrine, 1444–45
abuse of discretion, 171, 734–35, 1457–67
futility, 1445
de novo review, 1296–97, 1452
H-1B petition, 835–36
facially legitimate and bona fide, 171, 1457
H-2A/H-2B, 892
factors considered in BIA decisions, 1302–3
levels of scrutiny, 34
harmless error, 422–23, 473–74, 1471
manifestly contrary to law, 744, 1457
IIRIRA changes, 8–10, 1341–51, 1363–64, 1456,
plenary review, 1449–50
1460, 1465–66, 1487, 1489, 1495
removal orders, 1456–71, 1491
immigrant visas, 1430–33
substantial evidence, 735–44, 1467–71, 1491
INA §242(a)(2)(D), 1342–44
statutory construction, see Statutory construction rules
INA §242(b)(9), 1352–53
stays
investor program, 1118–19
removal, 1464–65, 1485–87
judicial notice, 1497
voluntary departure, 1488–89
jurisdiction, see Federal jurisdiction
sua sponte reopening, 1321–23, 1426, 1450–52
summary removal, 163, 1349, 1377, 1497
laches, 1443
terrorist removal, 503
law of the case, 1375, 1471
terrorist suspects, 363–75
legalization cases, 1610–11, 1615, 1618
torture claims, 745, 1410–12
location of IJ hearing for venue in circuit courts, 475
TPS, 620–21
loss of citizenship, 1654–58
transfer of case to and from circuit court, 1375–76
mandate stayed, 1497
Tucker Act, 1529
mootness, 1440–43
U.N. Convention Against Torture, 534, 745, 1410–12
motions to reopen, 1347–48, 1354, 1386, 1422, 1448–
unfair immigration employment practices, 1601–2
49, 1461–64, 1491–92
venue, 1489–91
multinational executives and managers, 1084
visa denials, 815–16, 1430–33, 1465, 1470
NACARA, see NACARA
voluntary departure, 1220–22, 1464
waiver of review, 1444–46
nationality claims, 1492
waivers, 1388–1400
withholding of removal, 733–45, 1467–71
no jurisdiction, 1349–50, 1385
wrongful deportation, 1448, 1487–88
nonimmigrants, 764, 815–16, 911–12, 1430–33, 1470 jurisdiction, see Federal jurisdiction; specific procependent review, 1355
dural headings
political question, 175, 1443–44
juveniles
preclusion of review, 1341–51, 1385–1414
see also Minors
see also Federal jurisdiction
admission of deportability, 476
presumption of review, 1413–14
previous adjudication, 1446
crimes
affecting status, 82, 253
procedure for appeal, 1482–97
detention,
170, 176, 355
REAL ID Act, see REAL ID Act
expedited
removal,
162
record, limited to, 1454–56
juvenile delinquency
record on appeal, 1492
convictions, see Convictions
reinstatement of removal, 503–7, 1412–13
Juvenile Delinquency Act, 36, 82, 253, 263–64, 301
remands, 1464, 1492–97
parental notice of criminal charges, 301
judicial review, cont’d
2018
❏ OK to proceed
Signed: ___________________ Date: ______
Job Name:
PDF Page:
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Date:
Time:
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labor certification (LC)
K
K-1 and K-2 visas (fiancé(e)s and their children)
adjustment of status, 937–38, 1043, 1048
bars (numerical, time, criminal) to approval, 935–37
change of status not permitted, 938
criminal grounds barring petitioner, 935–37
criminal records of petitioner, 934
criteria, 933
denial, 935–37
employment, 937
Marriage Fraud Amendments Act, application, 937
petition required, 933
petitioner barred, 935–37
procedure, 933–37
review, 938
sexual abuse of minor barring petition, 935–37
waivers, 935–37
K-3 and K-4 visas (spouses awaiting IVs, and their
children)
adjustment, 937–38
aged-out children, 938–40
admission, 940
advance parole, 940
change of status barred, 940
children, 938–39
criminal grounds barring petitioner, 939
criminal record of petitioner, 939
employment authorized, 940
extension, 940
multiple filings, notification to beneficiary, 939
petition barred, 939
procedure, 939–40
sexual abuse of minor barring petition, 939
termination, 940
travel, 940
waivers, 935–37, 939
L
L visas (intracompany transferees), 902–13
accounting firms, 902, 906
activity of companies, 906
adjustment of status
effect of adjustment application, 912, 1059–60
extension while adjustment pending, 912, 1059–60
travel without abandoning adjustment, 912, 1057
advance parole not necessary, 912, 1057
affiliation, 905–6
agency employment, 904
amendments to petition, 911
appeal to AAO, 911–12
blanket procedure, 913
children, 912–13
compensation, 904
definition, generally, 902–3
denial, 911–12
dual intent, 759–60, 903
employee defined, 904
employer, change in, 911
executive, defined, 907
export control (EAR & ITAR) violations, 129, 830
franchising agreements, 905
fraud prevention fee, 910
full-time services not required, 903, 911
intending immigrant, exempt from, 759–60, 903
job shop, 904, 908–9
joint venture, 905
L-1 Visa Reform Act of 2004, 18–19, 902–4
majority ownership, not necessary, 905
manager, defined, 906–7
new office, 910
nonprofit corporation eligible, 902, 906, 913
notice of intent to deny (NOID), 911
offsite work, 904, 909
one-year employment requirement, 903–4
outsourced person, not employee, 904
owner as beneficiary, 904
ownership issues, 904–6
part-time employment, 903, 911
partnership, 902, 905–6
procedures, 764, 910–13
qualifying organizations, 905–6
request for evidence (RFE), 911
requirements, 902–10
size of company irrelevant, 909
sole proprietorship, 904
specialized knowledge, defined, 908–9
specialized knowledge professional, defined, 909
spouse and children, 15, 912–13
startup company, 910
subsidiary, 905–6
temporariness, 904–5
travel during pendency of adjustment, 912, 1057
labor certification (LC), 1131–99
30- and 180-day recruitment requirements, 1145–46
30-day response time to audit, 1152
35-day response time (pre-PERM), 1158
45-day rule (pre-PERM), 1189
245(i), 1048–54
ability to pay wage, 1126–29, 1181–82
able, qualified and available, 1131, 1185
advertising, 1140–49, 1155
aging-out children, no expediting for, 1159–60
alternative work experience, 1161–68
amendment to, 1160
appeal process, 1133, 1161, 1194–99, 1310
athletes, 1132, 1160, 1178, 1192
attorney debarment, 1156–57
attorney sanctions, 1199
attorneys’ fees
EAJA recovery, 1199, 1545
employee barred from paying, 1156
attorney’s participation in process, 1185–86
audit, 1152–55
bargaining representative, notice to, 1149–51, 1191
bona fide job offer, 1179–83
bona fide prior employment, 1164–68
2019
❏ OK to proceed
Signed: ___________________ Date: ______
labor certification, cont’d
business expansion, 1165, 1173
business necessity, 1172–75
cancellation of certification by DOS, 1125
certifying officer, relationship to job service, 1132
combination of jobs, 1170
competence, 1163
compliance with state, federal and local law, 1185
cooks, 1174–75
debarment, 1156–57
decision by CO, 1157–59
defect on application and cure (pre-PERM), 1159
degree not necessary if course work complete, 1166
delay in contacting applicant not permitted, 1189
denial, 1157–59, 1161
denial of applicants, lawful job related reason for,
1185–91
Dictionary of Occupational Titles (DOT), 1092, 1163–
64, 1168–70
discrimination, refusal to hire U.S. worker, 1592–93
documentation, 1139, 1152–53, 1170
due process, 1136–37
duplicate LC, 1159
EB-1s, no LC requirement, 1077, 1082–83
EB-2 NIWs, see National interest waivers
education/training/experience requirements, 1126,
1161–68
employees, notice to, 1149–51, 1191
employer, defined, 1134–35
employer efforts to cure defect (pre-PERM), 1158–59
employment, authorization, 1130
employment history verified, 1162, 1190–91
English language proficiency, 1162, 1170
entertainers, see Entertainers
exceptional ability employees, 1193–94
expansion of business, 1165, 1173
expedite for aging-out children not allowed, 1159–60
experience requirements, 1126, 1163–68
expert opinion, 1170
family employment, 1166, 1180–81
federal or state law not violated, 1185
fees, 1156
FEIN, 1135, 1166
filing deadline for appeal, 1196
filing deadline for ETA 9089, 1140, 1145–46
foreign degrees equivalent, see Foreign degrees
foreign language, 1170, 1173–74
forms, 1133–39
fringe benefits, 1177
full-time and permanent, 1183–85
fundamental fairness, 1136–37
hearsay, 1158
iCERT, 1134
illegal employment as basis for experience, 1167
inadmissible without, 78
individual certification, 1133–91
inherent job requirements, 1162–63
intent to work at job, 1129
interview, 1185–91
invalidation of, 1161
investigation of LC application process, 1156
investors, 1180–81
labor certification, cont’d
2020
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job bank placement, 1141
job duties, 1161–68
job terms contrary to law, 1185
language requirement, 1170, 1173–74
layoffs, 1185
licensure requirements, 1163
live-in requirement, 1174, 1192
location of job, 1185
masters degree, 1085–86, 1169, 1174
methods of certification, 1131–33
metropolitan statistical area (MSA), 1121
minimum requirements, 1161–63
modification of the LC, 1160
national office, direct processing, 1192
new job created, 1165, 1173, 1181
no smoking, 1162
notice of findings eliminated, 1132
notice to bargaining representative, 1149–51, 1191
nurses, see Nurses
on-the-job-experience, 1164–66
O*NET, 1092, 1161, 1163–64, 1168–70, 1175–76, 1179
overqualified applicant, 1185
parent corporation employment, 1166
performance testing, 1163
performing artists, 1194
PERM, 1133–91; see also specific subheadings
physical therapists, 1192–93
physicians, 1090–92
posting, 1149–51, 1191
prevailing wage, 1175–79
prior employment, 1164–68
procedure, 1133–61
purchase of LC, 1160
readvertising (pre-PERM), 1155, 1158–59
reconsideration, 1194–97
recruitment, 1140–52, 1185–91
recruitment report, 1151–52
supervised recruitment, 1155–56
reduction in recruitment (RIR), 1131
references, 1162, 1190–91
refiling under PERM, 1133
requirements, 1131–94; see also specific subheadings
resume inadequate, 1187
return receipt mail, 1188
revocation by DOL, 1161
revocation by DOS, 1125
salary at time of filing, 1177
salary increase affecting certification, 1124, 1177
sale of LC, 1160
Schedule A, 1085, 1132, 1191–94, Apdx A
Schedule B, 1132
seasonal or permanent work, 1183–84
self-employment prohibited, 1162
sole proprietorship, 1166
special requirements, 1172–75
specially handled cases, 1191–94
athletes, 1132, 1160, 1178, 1192
performing artists, 1194
posting requirement, 1191, 1193
teachers, 1132, 1151, 1163, 1174, 1176, 1183, 1192
❏ OK to proceed
Signed: ___________________ Date: ______
staffing companies, 1184
standard metropolitan statistical area, 1121
standard of review of BALCA determinations, 1199
strike or lockout not existent, 1185
subcontracting prohibited, 1162
substitution for athletes, 1123
substitution of beneficiary, 1121, 1160
substitution of employer, 1121–23, 1160
successor employer, 1121–23, 1160
suspension of LC application process, 1156
SVP (specific vocational preparation), 1093, 1161,
1163–64, 1168–70, 1174–75
SWA (state workforce agency), 1139–40
teachers, 1132, 1151, 1163, 1174, 1176, 1183, 1192
technical and employment guidance letters (TEGLs),
1131
Technical Assistance Guide (TAG), 1131
temporary or permanent work, 1183–84
testing performance prior to hire, 1163
trustworthiness, 1162
typographical errors (typos), 1135–37
unduly restrictive, 1168–75
unfair immigration employment practice, 1593
unstated job requirements, 1162–63
USCIS review, 1126–30
validity of grant, 1159
virtual office, 1182
wage at time of filing, 1177
wage increase affecting certification, 1124, 1177
waiver of recruitment, 1192–94
withdrawal of, 1161
work authorization, not conferred, 1130
work authorization or SSN request impermissible, 1190
work history, verification of, 1162, 1190–91
work schedules, unduly restrictive, 1170
labor condition applications (LCAs), 823, 836–54
administrative hearing, 851–52
amending, 845–46
complaints filed, 846–47
dependent employers, 823, 836, 845, 852–54
electronic filing, 836, 839–40, 843–44
electronic posting, 844–45
faxback processing no longer used, 843–44
FEIN, 836, 843
hearing before ALJ, 851–52
iCERT, 823, 836, 839, 843–44
material fact, 847–48
Mexican TN, 783
penalties for noncompliance, 847–50
prevailing wage, 839–43
procedure, 843–46
retention of records, 845
violations, 846–50
whistleblowers, 850
willful violators, 823, 836, 845, 852–54
labor law, 333, 1585–92
challenge to NTA based on unfair labor practice, 393
evidence in deportation proceeding, 1586
picket line arrest, 1587
undocumented person’s rights, 333, 1585–92
laboratory technicians
inadmissible without certificate, 81
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lawful permanent residents (LPRs)
laches
attorney sanctions, 439
BIA, 1271
denaturalization, 1651
federal litigation, 1443
fines, 317
forfeiture, 293
Laotian adjustment, 1018–19
laptop border searches, 344
LAU, see Legalization Appeals Unit
Lautenberg amendment, 615
law enforcement
immigration laws enforced by local police, 347–48
law of the case
change of venue, 397, 497
circuit court, 1471
habeas corpus, 1375
law students/law graduates, 436
lawful permanent residents (LPRs)
abandonment of residency, 965, 1063, 1065–67
adjustment of status, see Adjustment of status
admissibility on reentry, 63–65, 156–57, 166–69, 181–
84, 965, 1058, 1065–67
admissibility, presumption against, 1014
alien card, 965, 1063–64
battered persons, see VAWA petitioners
brothers and sisters, 974, 977–78, 983
burden of proof, 65, 164, 168–69, 182–83, 1014
Cambodian adjustment, 1018–19
chargeability of visa, 1005–6
child, defined, 974–83
children born abroad, 1067
confiscation of card, 1064
constitutional rights, 40–41, 63–65, 168–69, 172–75,
366–73, 510–19
Cuban Adjustment, see Cubans
defined, 965
denaturalization for crimes committed while LPR, 1653
derivative status, 1008–13
diplomats, see Diplomats
diversity immigrants, see Diversity immigrants
driver’s licenses, see Driver’s licenses
dual intent, 759–60, 784, 823, 1057
employment-based petitions, see Employment-based
immigration; Special immigrants; specific visas
and professions
family-based petitions, see Family-sponsored immigration
Fleuti doctrine, 40–41, 63–64, 1067
green cards, see Green cards
Haitians, see Haitians
Homeland Security Act procedures, 1034
Hungarians, see Hungarians
immediate relatives, see Family-sponsored immigration
INA § 212(c) relief, see INA §212(c)
Laotian adjustment, see Laotian adjustment
legalization programs, see Legalization
2021
❏ OK to proceed
Signed: ___________________ Date: ______
lawful permanent residents, cont’d
Job Name:
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Process Plan:
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Time:
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Social Security card, 1070–71
maintenance of, 1065–69
Social Security, payments to, 1069–70
marriage, see Family-sponsored immigration
special immigrants, see Special immigrants; specific
medical exam, 1033
types of immigrants
methods to obtain residency, 965–66
status of, 965
name check procedure, 1033–34
suspension, 966, 1248–49
National Visa Center, 1031
Syrian adjustment, see Syrians
Nicaraguan adjustment, 10, 1016
taxation of, 1067–69
numerical limitations, see Numerical limitations
termination of, 1067
oversubscribed countries, 1014
third-country processing, 1032
parents, 967, 973–74, 978, 983
transfer family, 1045
petitions
travel, 1061–62
adverse evidence, right to respond, 1028–29
unavailable records, 1025
approval, 1021–31, 1121, 1123
birth certificate delayed, 1025–26
Vietnam, 1018–19
consul’s return of petition to DHS, 1030, 1034, 1125
widowers, 967–69, 997–98, 1022–23, 1030
legalization, 1602–13
denials, 156, 1028–31, 1034–35
adjustment date, 1609
deportation not stayed, 1028
administrative review, 1308, 1610
eligible at filing, 1026–27
advance parole, 1609
employment-based, 1119–26
appeals, 1308, 1610
employment upon filing, 1059, 1130, 1582–85
brief, casual and innocent trip, 1605
family based, 967, 974–1004
confidentiality, 465, 1608–9, 1612, 1616
homeless petitions, 1032
continuous physical presence, 1605
parents, 967, 973–74, 978, 983
continuous residence since temporary status granted,
post-submission changes, 1120
1613
pre-adjudication not permitted, 1120
continuous unlawful residence, 1602–3
rebut evidence, 1029, 1125
criminal convictions, 1605–6
criminal penalties, 298, 1609
registry, 966
CSS, see Catholic Social Services
replacement of card, 1063–64
deportation proceedings for, 1609
eligibility
permanent resident, 1613
police certificates, 1033
temporary resident, 1602–8
Polish nationals, see Polish nationals
preference/quota, see Numerical limitations
family unity program, 1611–12
fraudulent applications, 1609
process to obtain, 965–66
IRS, 1608
public benefits, 1071–73, Apdx F
J-1 ineligible, 1608
reentry, 63–65, 159, 372–73, 965, 1061–62
known to the government, 1604–5
reentry permit, 1062
LIFE legalization, 14, 1614–16
registry, 966
LULAC, 1607
reinstatement in removal hearing, 1046, 1263–64
naturalization date, 1613
removal (deportation), 965, 1046–48, 1061, 1067,
nonimmigrant, unlawful status of, 1603–4
1266
permanent residence, 1613
bar to adjustment, 1037–44, 1205–6
new adjustment of status in proceedings, 1263–66
procedures, 1608–9, 1613
removal (inadmissible), 63–65, 159–60, 162, 166–67,
public charge determination, 1606
183, 965, 1046–48
reopen, motions to, 1610
replacement card, 1063–64
residency date, 1609
SAW program, see Special agricultural workers
residence card, 965, 1063–64
scope and coverage, 1602–8
return of, 1034
second stage, 1613
revocation of, 1029–31, 1124–25
Selective Service registration requirements, 1606, 1614
Social Security, 1608
voluntary departure, prehearing, 1028
widowers, 967–69, 997–98, 1022–23, 1030
temporary residence, 1602–9
returning resident, 63–65, 159–60, 166–69, 965, 1061– temporary residence, family member, 1609
62
termination, 1609
second residency, 1064–65
timely filed application, 1607–8
security procedures, 1044
travel, 1609
lawful permanent residents, cont’d
2022
❏ OK to proceed
Signed: ___________________ Date: ______
unlawful status, 1614
waivers of inadmissibility, 1606–7
Legalization Appeals Unit (LAU), 1308, 1610–11,
1613, 1618
legislation, see Federal authority to regulate immigration; History of immigration laws; State and local
government; specific laws
legitimacy and paternity, 975–76, 979–80
lenity, rule of, 216, 469–70, 617, 1482, 1502–3
letter opinion by DHS
not final agency decision, 1358, 1439
Liberians, 615–16
LIFE Act legalization, see Legalization
litigation, 1515 et seq.
42 USC §1981, 1516
42 USC §1983, 1515–16
age discrimination regarding employment, 1590
agency discretion, 815–16, 1279–81, 1321, 1333–35
Alien Tort Claims Act, 1522–27
Torture Victims Protection Act (TVPA) distinguished,
1525
attenuation, 1443
Bivens actions, 1519–22
detention, 172, 372
immunity defense, 1535–36
civil RICO actions, 1591–92
civil rights claims, 1515–16
class actions, 1498–99
departure from U.S., 1447–49
Equal Access to Justice Act (EAJA), see Attorneys’
fees
exhaustion of remedies, see Exhaustion of administrative remedies
Federal Tort Claims Act (FTCA), 1516–19
harmless error, 422–23, 473–74, 1471
immunity
see also subhead: Bivens actions (in this heading); specific acts in this heading
absolute immunity, 1536
diplomatic immunity, 1536
Foreign Sovereign Immunities Act, see Sovereign immunity
qualified immunity, 1535–36
jurisdictional issues, see Federal jurisdiction
laches, 1443
legalization, 1607–8
post hoc rationalization, 1452–54
preclusion of review, see Judicial review
prior adjudication, 1446
Privacy Act, 415–16
private right of action, 1534–35
record, 474, 1454–56, 1492
scope of review, see Judicial review
standard of review, see Judicial review
Title VII, 1589–90
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mandamus, jurisdiction
Torture Victims Protection Act (TVPA), 7, 1525–27
actual/apparent authority, 1525–26
Alien Tort Claims Act, distinguished, 1525
corporate liability, 1526–27
exhaustion, 1527
extraordinary rendition, see Extraordinary rendition
political question doctrine, 1527
service of process, 1527
Trafficking Victims Protection Reauthorization Act
(TVPRA), 1528
Tucker Act, 1529
undocumented workers’ tort claims, 1589–91
waiver of review, 1444–46
local law enforcement, see State and local government
longshoremen, 944
Lookout System, 156–58, 764–65
challenges to information contained therein, 158
CLASS, 156, 158, 764–65
DHS-TRIP, 158
IBIS, 156, 764
Lookout Book, 156–57
money laundering watch list, 157
NAILS, 156
NCIC III, 765, 1033
TAL, 764
TECS II, 156
Visas Condor, 764
Visas Mantis, 764
Visas Shark, 764
loss of U.S. citizenship, see Naturalization and citizenship
Lozada criteria, 426–31
LULAC/Newman settlement, 1607
M
M visas (vocational students), 804–6
B-1/B-2 not basis to start program, 805
change to H status, 806
commuter students from Canada and Mexico, 805
criteria, 804–5
difference with F-1, 806
employment
practical training, 806
entry period, 805
extension of stay, 805
family members, 805
fee paid to SEVIS, 805
full course of study defined, 804–5
grace period of 30 days, 805
reinstatement, 805–6
SEVIS, 805
maintenance of status, 776
managers, multinational
L visas, 902–13
mandamus, jurisdiction, 1378–83
aged-out challenges, 1380–81
venue, 1383
2023
❏ OK to proceed
Signed: ___________________ Date: ______
Job Name:
PDF Page:
Process Plan:
Date:
Time:
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manifestly contrary to law
manifestly contrary to law
asylum, 744
standard of review, 1491
Mantis Visa checks, 764
Mariana Islands, see Northern Mariana Islands
Mariel Cubans
parole, 175
marijuana, see Drug offenses
membership in a particular social group, see Asylees
and refugees, subhead: Social group
marriage and cohabitation
see also Family-sponsored immigration; Marriage
fraud
B-2 tourist status
marriage while in, 793
nonspouse partners of E, H, or L principals, 793
common law marriages, 995–96
detention, marriage while in, 177, 1003–4
foreign marriages, 1003
marriage brokers, crimes by, 299
persecution, marriage as basis for, 719
polygamy, see Polygamy
religious marriages, 996
removal proceedings, marriage while in, 990–93, 1263
same-sex marriages, 995
transgender marriages, 994
marriage fraud
as bar to future residency, 1001–3
criminal offense, 293, 1003
deportation, marriage fraud as ground, 188, 999
divorce, sham, see Divorce
Marriage Fraud Amendments Act, 5, 121, 937, 983–94
conditional residency, see Family-sponsored immigration, subhead: Marriage-based petitions
constitutionality, 991
marriage in removal proceedings, 990–93
removal of conditional residency status, 983–87
subsequent spouse, petition, 993
misrepresentation in lieu of marriage fraud, 999
relief from marriage fraud, 1266–68
validity of marriage, 997–99
Marshall Islands, see Freely Associated States
masters degree
experience equivalent, 835, 1085–86
material misrepresentation, see Fraud and misrepresentation
material support, see Terrorists and terrorism
McCarran Walter Act, 4
media representatives, see I visas
medical graduates, see Physicians
medical grounds
appeal, 70
inadmissibility, 65–70
inspection, 159
medical technologists
ineligible without certificate, 79, 81
medically underserved areas, see Nurses; Physicians
2024
mental disorders
Adam Walsh Act and detention, 522
deportation and civil commitment, 510
indefinite detention, 519, 522
prosecutorial discretion to release, 349
sedation, 510
mental incompetents, see Incompetents
metropolitan statistical area (MSA), 840, 846, 880,
1107
Mexicans
see also NAFTA; TN visas
bilateral agreement to remove, 525
border crossing cards, 760, 768, 780
commuter students, 796, 805
Micronesia, see Freely Associated States
Military Commissions Act of 2006, 24
military service
immigrant petitions by family of deceased service
members, 973, 1023
naturalization, 17–18, 126, 1628, 1630, 1635, 1639–42
prosecutorial discretion regarding NTAs, 381
self-petitioning spouse, parent or child, 973, 1023
translators as special immigrant, 23, 1103
ministers, see Religious workers
minors
see also Children; Juveniles
in absentia orders, 476, 492
notice of hearing, 475–77
other removal, 331, 355, 475–77
sexual abuse of, see Child abuse
Miranda rights, 276, 328, 450, 522–23
misprision
as aggravated felony, 222, 226, 260
as crime of moral turpitude, 101
as drug-related offense, 241, 259
misrepresentation, see Fraud and misrepresentation
mixed motive in asylum, 567–69
models, see Fashion models
modified categorical approach, see Categorical, modified categorical approaches
money laundering, 15, 98–100, 105, 238, 1581
watch list, 157
mootness, jurisdiction, 1440–43
moral turpitude crimes, see Crimes of moral turpitude
motions to reopen, see Reopen, motion to
multinational executives and managers
L visas, 902–13
permanent residency, 1082–84, 1123–24
multiple offenses
deportation ground, 194–95
inadmissible ground, 105–6
MySpace, 1000
❏ OK to proceed
Signed: ___________________ Date: ______
Job Name:
PDF Page:
Process Plan:
Date:
Time:
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naturalization and citizenship
N
N visas (parents and children of special immigrants),
945
see also Diplomats
NACARA (Nicaraguan Adjustment and Central
American Relief Act)
asylees and refugees, 622
battered spouses/children, 969
Cubans, 1016
Eastern Europeans, 1253
equitable tolling, 1211–12, 1255
Guatemalans, 622, 1253
history, 10
judicial review, 1016, 1350
jurisdiction, 1016
Nicaraguans, 1016
parolees, 748
Salvadorans, 622, 1252–53
suspension of deportation, 1252–56
NAFTA (North American Free Trade Agreement),
79, 781–84, 863
see also TN visas
NAICS computer database, 809, 882, 1134
NAILS computer database, 156, 164, 411
name check, see Security checks
National Crime Information Center (NCIC-III)
Checks, 14, 347, 520, 764–65, 939, 941, 1033
National Defense Authorization Act for FY 2006, 23,
340, 1103–4, 1631
National Guard agreement with DHS, 348
national interest waivers, 1084–85, 1087–91
change in employer, 1090
international medical graduates (IMGs), 1090–91
National Labor Relations Act
relationship to aliens, 1585–88
SSA and no-match policy, 1561
national origin discrimination, 36, 38–39, 46, 172,
178, 379–80, 921, 1516, 1565, 1575, 1592–1602
national origin quota system, 4
National Security Entry-Exit Registration System,
see NSEERS
National Visa Center (NVC), 1031
nationality claim
defense to removal, 388–91
nationals of the U.S., 1647
NATO, see G visas; Special immigrants
naturalization and citizenship, 1621–60
120-day period to decide, 1643–44
acquisition of citizenship at birth, 467, 1622–23, Apdx B
administrative naturalization, 1642–44
admission of crime, 1632–33
adopted/orphan children, see Adopted children
adultery, 1633
age requirement, 1629
aggravated felony as bar to, 1632
aging out, 1010–11
amnesty applicants, 1613
battered spouses and children, 1629
bear arms, 1637
birth in U.S., 1621–22
certificate corrections, 1645
certificate of citizenship, 1627–28, 1651, 1656
change of address, 1644
Child Citizenship Act, 13, 1625–27
civics requirement, 1638
claim of, in removal, 388–91, 1657–58
Communism, 1637, 1642
conditional residents, 993–94, 1117, 1628
continuous residence requirement, 1629–31
criminal issues, 1632–33, 1658–60
denaturalization, 1648–51
for crimes committed while LPR, 1653
defenses, 1651
form of persecution, 547
illegal procurement, 1649–51
military service, 1650
revocation, 1651
dependents not supported, 1633
deportation, relation to, 388–91, 1635–37, 1656–58
derivative citizenship, 1624–27, Apdx B
disabled persons, 14, 1638–39
drunk driving, 1635
dual citizenship, 1647–48
EB-5, 1117
elderly applicants, 1638
English requirement, 1638
exemptions from eligibility, 1638–39
expedited oath of allegiance, 1644–45
expedited processing for children, 1644
false claims/testimony, 126–27, 1659–60
affecting good moral character, 1632
ground of inadmissibility, 126–27
ground of removal, 191
filing 3 months prior, 1643
effect of proceedings on, 1635–37
inquiry limits, 1635
government knowledge requirement, 1638
homosexuality, 1634
loss of citizenship
acts leading to loss of citizenship, 1652
denaturalization, see subhead: Denaturalization (in this
heading)
presumption against expatriation, 1652–53
voluntary relinquishment, 1652–53
married to USC, 1629
military service, 17–18, 1628, 1635, 1637, 1639–42
murder as bar to, 1632
2025
❏ OK to proceed
Signed: ___________________ Date: ______
naturalization and citizenship, cont’d
name change, 1645
national security, 1642
oath, 1644
orphan, citizen upon entry, 983
passport, 1645–46
physical presence requirement, 1629
proof of, 1026, 1621–23
reexamination, 1644
Rehabilitation Act of 1973, relation to, 1638–39
removal, relation to, 388–91, 1635–37, 1644, 1656–58
rescheduling interviews, 1644
residence requirement, 1629–31
selective service requirement, 1634
special naturalization programs, 1642
SSI benefits, prioritizing application, 1644
stepchildren, 1626
unlawful voting, 1633
veterans, 17–18, 1628, 1635, 1637, 1639–42
naturalization and citizenship, cont’d
Nazis
as bar to asylum or withholding, 598
deportation for, 190
newspersons, see I visas; Special immigrants
Nicaraguan adjustment, see NACARA
NIV, see Nonimmigrants
no-match employer sanctions regulations, 1071,
1435, 1437, 1561
NOID, see Notice of intent to deny
nolo pleas, 250, 257–58, 1235
nonimmigrants, 759–959
see also specific visa categories (e.g., H-1B visas),
specific categories of people (e.g., Canadians,
Physicians), and specific issues (e.g., Asylum,
Change of status, Dual intent, Overstays)
adjudication of petitions, 777–80
administrative review of petition denial, 1308–10
admission procedures, 156–60, 761–73, 780–88
advisory opinion, 763–64, 1035
appeal of denial of petition, 1308–10
application
at consulate, see Consular processing
at DHS for admission, 777–79
conviction affecting status, 794
copies submitted to USCIS, 779
denial of visa, 156, 763
departure, grace period, 773
departure validation, 773
deportation for failure to maintain status, 187–88
DHS approval, prior to issuance, 764
domicile, 760
duplicate approval notices (I-824), 761, 764
employment, 761, 779–80, 1582–85
see also specific visas
expedited processing of cases, 777
extension, automatic, 784–85
2026
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grace period to depart, 773
INA §222(g), 766–68
INSPASS, 160
inspection at border, 770–73
intending immigrant, presumption, 759
NCIC check, 764, 939, 941
no visa required, 780–88
notice of intent to deny (NOID), 777–78
one NIV status only, 760–61
originals submitted to USCIS, 779
passport validity, 760
petitions required for visa approval, 764
preconceived intent, 773, 775
premium processing, 777
presumption against admission, 759
procedures, generally, 761–66
reciprocity, 763
records disclosure, 769
reissuance of visa in U.S., 769
request for evidence (RFE), 777–78
returning petitions to DHS, 769–70
security issues, 764–65
status, change of, 774–76
status, more than one, 760–61
strikes, 1587
Technology Alert List (TAL), 128, 765
terrorism, state sponsors of, 760
third country processing, 763
U.S., obtaining visa in, 769
validity of visa
employment change, 761
extended automatically, 784–85
stay, relationship to, 766–68
time period, 766
waiver of inadmissibility, 146–47, 760
North American Free Trade Agreement, see
NAFTA; TN visas
North American Indians
from Canada, 67, 784
Northern Ireland
Q-2 visas, 924
Northern Mariana Islands (CNMI)
asylum, 26, 596
Consolidated Natural Resources Act of 2008, 26, 596,
788
E-2 visas, 26, 921
H-1B cap, 826, 890–91
L-1 visas, 913
parole, 615
residence for naturalization, 1631
transitional (CW) workers, 927–28
U.S. citizenship, 1621
visa waiver, 26, 788
notice
asylum
adverse credibility finding, 678, 689
hearing before IJ, 640
❏ OK to proceed
Signed: ___________________ Date: ______
Job Name:
PDF Page:
Process Plan:
Date:
Time:
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oversubscribed countries
interview before asylum officer, 632
prior to finding evidentiary deficiency, 658–59
right to apply, 645
notice of intent to deny, 777–78
notice to appear
challenge to, 384–94
content of, 394–95
criteria for issuance, 383
failure to provide or receive as removal defense, 483–89
initiation of proceedings, 180, 375–76
notice of rights in removal hearing, 394–95
service of, 394
termination of proceedings, 407
NSEERS (special registration), 179–80
numerical limitations (caps)
see also H-1B visas and other specific visa types
asylees and refugees, 752
cap-gap, see H-1B visas, subhead: Caps
immigrants, 1004–14
nonimmigrants, 760
nunc pro tunc permission to reapply for admission,
107, 184, 1268–69, 1272
nurses
admissibility, 79–80
EB-2 visas, 1092
H-1A visas, 6, 10, 862
H-1B visas, 862–63
H-1C visas, 12, 823, 862
H-2B visas, 863
H-3 trainees, 822, 863
history, 6, 10, 12
labor certification and Schedule A, 1132, 1192–93
REAL ID Act, recaptured visas, 22
TN visas, 863
VisaScreen, 863–64
O
O visas (extraordinary ability), 892–97
accompanists/assistants (O-2s), 893, 896
admission, 897
agents, 896
athletes, 897
beneficiaries, multiple, 896
change of employer, 895
consultation, 895
criteria, 892
denial, 897
distinction in the arts, 893
EB-1 vs. O visas, 1080
employers, more than one, 895–96
event, defined, 894–95
expert testimony / documentary evidence, 894–95
129, 896
extensions, 896–97
extraordinary ability defined, 893
extraordinary achievement defined, 893
foreign residence, not necessary, 892
grace period, 897
labor certification approval, 896
locations, multiple, 895
motion picture, 892, 894–95
return transportation costs, 897
revocation, 897
self-employment, 895
spouses and children, 893
TV production, 892, 894–95
OCAHO, see Employer sanctions
Occupational Outlook Handbook, 1093
occupational therapist
inadmissible without certificate, 79–81
TN visas, 782
off-record discussion by IJ, 474, 1454–56
offer of proof, 463
Office of Asylum Affairs (f/k/a BHRHA), 640
“on account of” in asylum defined, 555–72
O*NET, 1092, 1161, 1163–64, 1168–70
opening statement, 447
opinion
agency letter not final order, 1357–58, 1439
order to show cause
see also Notice to appear
transition rules, 247–48
other workers (EB-3), 1092–94
overstays
see also specific visa categories
asylum, 631, 767
Canadians under INA §222(g), 768
cancellation of visa/222(g), 766–68
consequences, 108–9, 187–88, 766–68
diplomats, 767, 932–33
EWI, 768
exchange visitor (j), 815
extraordinary circumstances, 767
H-1B cap, relationship to, 767
information media (I visa holders), 768
Mexicans under INA §222(g), 768
new visa requirement, 767
parole, 768
physicians, 767
readmission of NIV holder generally barred, 766–67
students, 768
ten year bar, 109
three-year bar, 108–9
tracking of, 771
visa waiver, 768
void visa, 766
2027
❏ OK to proceed
Signed: ___________________ Date: ______
P visas (athletes, artists, entertainers)
P
P visas (athletes, artists, entertainers), 897–902
admission, 901–2
agents, 899
athletes, 897–98, 900–902
circus, 898, 900
consular processing, 902
consultation, 901
culturally unique, 898, 901
denial, 902
employees, multiple, 899
employer, change in, 761, 899
employment, multiple, 899
entertainers in group, not individually, 897–98, 900
exchange programs, 898
extensions, 901–2
foreign residence required, 898
“in the business,” definition, 899
international recognition, 899–900
labor certification approval, 902
multiple employers/beneficiaries, 899
one-year prior relationship needed, 897–98
P-1 requirements (internationally recognized), 899–900
P-2 requirement (reciprocal exchange programs), 900–1
P-3 requirements (culturally unique program), 901
revocation, 902
self-employment, 899
sponsors, 899
spouses/children, 898, 901
substitution of beneficiary, 899
support staff, 898, 901
Palau, see Freely Associated States
Palestinians
asylum issues, 540
pardons, 264–65, 1213
parents
battered, 969–70
LPR status, 967, 973, 983, 1022–23
parole, 166–79
admission, different than, 60
aggravated felons, 363–73
for asylees/refugees, 170–71, 354, 614–15, 646–47, 753
credible-fear determination, 161–62, 167, 170–71, 646–47
public interest parole (Lautenberg Amdt.), 615
conditional parole, 167, 351
of material witness, 359
criminal sentence, 267
entry without inspection (EWI) basis for, 59–60
expedited removal, 160–63, 169
humanitarian parole, 164–65, 175–76
juveniles, 170, 176
Mariel Cubans, 175
parole-in-place, 60, 165
removal deferred, 170
removal not deferred, 267
revocation, 175, 351, 357
2028
Job Name:
PDF Page:
Process Plan:
Date:
Time:
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Parole Commission guidelines, 314
partners, domestic, see Marriage and cohabitation
partnerships
E-1 partners, 914
EB-5 investors, 1108
party defendant
U.S., proper defendant to represent all agencies, 1444
passports
cancellation, 1646
falsely making/altering, 220
machine-readable passports (MRPs), 786, 1646
obtaining, 1645–46
passport card, 1645
proof of citizenship, 1626, 1645
refusal to issue, 1646–47
retention for removal hearing, 345
travel with, 1645
using false, 296, 1660
validity, 760, 770–71
paternity, see Legitimacy and paternity
PATRIOT Act, see USA PATRIOT Act
pattern or practice, see Asylees and refugees
penalties
see also Fines
pendent review, 1355
performance testing
labor certifications, 1163
PERM, see Labor certification
permanent resident cards, see Green cards
permanent residents, see Lawful permanent residents
persecution, see Asylees and refugees
petitions, see Employment-based immigration; Familysponsored immigration; Immigrant visas; Lawful
permanent residents; Nonimmigrants; specific
nonimmigrant visa category
petty offense
aggravated felony sentencing, 237
crime of moral turpitude exception, 82–83, 102
physical disorder
physical therapists
certification, healthcare worker, 79–81
physician assistant
inadmissible without certificate, 79–81
physicians (IMGs)
adjustment, list of doctors for, 1037
B-1, 867
Conrad 30 program, 16, 26, 28, 813–14, 818
EB-2 visas, 1090–92
H-1B visas, 865–67
cap, 824
H-2B category, 866
H-3 externship, 822, 866
investors, 866
❏ OK to proceed
Signed: ___________________ Date: ______
Job Name:
PDF Page:
Process Plan:
Date:
Time:
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J visa requirements, 760, 767, 806, 810, 813–15,
824, 866
medical students, 866
clerkship on B-1, 791, 867
medically underserved areas, 767, 813, 866, 1090–91,
1584
O visas, 866
overstay (INA §222(g)), 767, 815, 819, 866
second preference, employment-based, 1090–92
TN visas, 866
picketing, 333, 1587
plea bargains
agreement by U.S. attorney not to deport, 300
conviction for immigration purposes, 255–59
police
certificates, 1033
enforcement of INA, 42–46, 347–48, 362
Polish nationals
political offense, 83–84
political opinion, see Asylees and refugees
political question
parole matters, 175
polygamy
foreign polygamist marriages, not recognized, 996
ground of inadmissibility, 107
polygraph evidence, 446
portability, see Employment-based immigration; H-1B
visas; H-2A visas
PORTPASS, 160
post hoc rationalization, 1452–54
post traumatic stress disorder, 446–47, 689
posting requirements, see Labor certification; Labor
condition applications
poverty guidelines, 74, 77–78, 156, 1026, 1033, 1585
precedent decisions
General Counsel memoranda not binding, 1306
unpublished BIA decisions, 1305–6
preclusion of review, 1341–46, 1385–1414
preconceived intent, 773, 775, 943, 1044–45, 1061
preemption
detention facilities’ release of information, 176–77
by FTCA, 1516–17
labor law, 1582
public benefits, 1071–73
state regulation of immigration, see State and local
government
by treaties, 921
preference petitions
accompanying, defined, 1005
adjustment of status, see Adjustment of status
adverse evidence, respond to, 1028–29
approvals, 1028, 1121
priority dates
chargeability, 1005–6
cross-chargeability, 1005
denials, 156, 1028–29, 1125–25
derivative beneficiaries, 1005
employment-based petitions, see EB-1 visas; EB-2
visas; EB-3 visas; Employment-creation visas;
Immigrant visas; Special immigrants; specific
categories of immigrants
employment upon filing adjustment application, 1059
family-based petitions, see Family-sponsored immigration; Immigrant visas
following to join, see Following to join
foreign state chargeability, 1005–6
oversubscription, 1014
revocation, 1029–30, 1034, 1124–25
stay of deportation, 1028
venue, 1024
prehearing procedures
removal (inadmissibility), 180–81
premium processing, 777
presentence report
evidence of conviction, 232
presidential proclamation
finding persons inadmissible, 144–45
territorial limits, 61–62
presumption
favoring admissibility (visa), 182, 765–66
intending immigrant, 759
marriage fraud, 999
regularity, presumption of, 463, 1286
removal, 465–70
presumptions
against admissibility (immigrants), 1014
prevailing wage
labor condition application, 839–43
priority dates, 1006–13, 1121
adopted children, 978, 1013
athletes, 1123
change of employment, as effecting, 1121
defined, 1006
derivatives, 1008–13
for employment-based petitions, 1008, 1121
for family-based petitions, 1006–8
loss of, 1013
for relative petitions, 1006–8
Silva letters, 1008
subsequent petitions, 1008
successors in interest, 1121–22
transfer, 1008, 1122–23
Western Hemisphere priority dates, 1008
2029
❏ OK to proceed
Signed: ___________________ Date: ______
priority workers
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priority workers, 1077–84
extraordinary ability, 1077–80
multinational executives and managers, 1082–84
outstanding professors and researchers, 1080–82
Prison Litigation Reform Act of 1996, 1377
prisoners
early removal prior to completion of sentence, 525–26
transfer treaties, 314–15
Privacy Act, see Litigation
private legislation, 1274
private right of action
expedited deportation, 502
for trafficking in persons, 1534–35
probable cause, see Search and seizure
probation, 267
not a sentence to confinement, 236, 267
professionals, see EB-1 visas; EB-2 visas; EB-3 visas;
H-1B visas
professors
exchange visitor, 806, 818
permanent residency, see EB-1 visas
prosecutorial discretion, 376–83
detention, 349
prima facie eligibility for relief, 379–80, 382
vulnerable persons, 381
prostitution
deportation for, eliminated, 246
inadmissible, 106
protective order
asylum denial for violation, 729
attorney sanction for violation, 439
deportation ground, 244–46
discretionary relief denial for violation, 1206
evidentiary issues, 464
public benefits, 76–77, 1071–73, Apdx F
public charge
grounds of removal, 188–89
inspection, 159
legalization, 1606
waiver, 155
Q
Q visas (cultural exchange programs), 922–24
Q-2 visas (Irish Peace Process), 11, 924
qualified immunity, see Litigation
questioning noncitizens, 335–40
questions of law, defined, 1342–48, 1427
quota system, 4, 1004–14
2030
Job Name:
PDF Page:
Process Plan:
Date:
Time:
R
R visas (religious workers), 924–26
admission, 924–25
definition, 924
evidence, 925–26
minister, 924
not-for-profit, 924
petition, 925–26
professional capacity, 924
membership only required for visa, 924
religious occupation, 924
religious organization, 925
religious vocation, 924
spouse/children, 925
race discrimination, 36, 38–39, 1515–16
racetrack personnel, 792
rap sheet
discretionary relief, use in, 461
evidence of conviction, 456–57
RAPS computer database, 156, 552, 1565
rational basis test, 34
re-sentenced, 235–36
All Writs Act, 265, 769, 1341, 1350, 1364–65, 1380,
1403, 1408, 1410–11, 1432, 1484, 1497
asylum, 20, 586, 658, 676–78, 726, 733–34, 745, 1207,
1300–1301, 1469
Australian E-3 visa, 22, 921–22
burden of proof, 20, 331, 468–69, 1207
CAT claims, see Convention Against Torture
collateral attack on conviction, 276–77
corroboration, 20–21, 658, 1469
credibility, 20, 331, 676–78, 690–91, 1207, 1300–1301
detention, 358, 520, 1344–46, 1350, 1364–65, 1388
driver’s license, see Driver’s licenses
employment-based visas, recapture of, 22, 1193
habeas corpus, 21, 358, 520, 1341–48, 1351–53, 1363–
66, 1368–69
judicial review, 21, 358, 507, 520, 1084, 1341–53,
1363–66, 1385–87, 1410–12
mandamus, 21, 358, 520, 1350–53, 1380–81
nurses, see Nurses
questions of law, defined, 1342–53
refugees, 658, 676–78, 726, 752
reinstatement of removal orders, 507, 1412–13
relief from removal, 20–21, 468–69, 1207, 1469
standard of proof, 1207
terrorism, 21, 131–40, 189, 586
withholding of removal, 20, 602–3, 1207, 1300–1301,
1469
reason-to-believe-standard
drug trafficking, 104–5, 145–46, 186, 254
money laundering, 15, 105
spouse and child covered, 105, 130
terrorism, 129–30
trafficking in persons, 106
reasonable-fear determination, 636
recidivism
212(c) relief, 1236–37
❏ OK to proceed
Signed: ___________________ Date: ______
Job Name:
PDF Page:
Process Plan:
Date:
Time:
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religious marriages
recommendation against deportation, see Judicial
recommendation against deportation
constitutional challenges, 505–6
reconsideration
INA §245(i), 1053–54
asylum denial, 596, 641
jurisdiction, 507
federal review, 1448–49, 1461–64, 1482–85, 1491
procedures, 506
motions, 1029, 1060, 1311–13, 1317–21
REAL ID Act, 507
barred because relief unavailable, 1319
reasonable fear determination, 504, 636
barred by citation to nonprecedent decisions, 1320
reissuance of visas, 769
numerically barred, 1319
regional service center, 1335–36
relation-back doctrine, 125, 500, 844, 996, 1499, 1545
time barred, 1317–18
release orders
nonimmigrant visas, 769–70, 774, 776
failure to comply with terms, 298
record
relief from removal, 1205 et seq. (Chap. 8)
appeal, 1454–56, 1492
government obligation to disclose, 284, 353, 407, 416– abandonment of application, 399, 447, 465, 493–94,
614, 632, 649–50, 753, 1057, 1212, 1291–92,
17, 769, 1207
1447–49
of proceedings, 474
adjustment
of status, see Adjustment of status
review limited to, 1454–56, 1492
aggravated
felons,
264–65, 267, 467, 501, 594, 600–
submission of evidence after closure, 465, 474
601, 1208–9, 1214–16, 1225–26, 1229–30
transcript, 462, 1281, 1289–91, 1299, 1454–55
apparent eligibility, 406–7, 645, 1252
record of conviction
asylum, see Asylees and refugees; Withholding of rebasis for deportability, 84–88, 208, 218–19, 227–35,
moval
243–44, 456–62, 467, 1208–9
burden of proof, 20, 331, 468–69, 1207
categorical and modified categorical approach, see
cancellation of removal, see Cancellation of removal
Categorical, modified categorical approaches
citizenship, claim to, 388–91
collateral attack, 255, 259, 276–84, 1271
recusal of IJs, see Immigration judges
criminal conduct affecting, 1208–9
reduction in recruitment, see Labor certification
deferred action, 380, 383, 1271–72
reentry after removal
due process issues, 42, 1210–11
collateral attack on deportation order, 276–84
equitable tolling, 1211–12
criminal, 268–84, 307–9, 312–13
estoppel, 384–86, 1269–71
immigration procedure, 382, 503–7, 1265, 1271
fundamentally fair hearing, 1208
inadmissible, 8–9, 100–101, 107–8, 118–19, 145
reentry permit, 1061–62
inadmissible aliens, 183–84
waivers, 66, 105, 107–8, 115–17, 121, 125, 145–56,
Refugee Act of 1980, 5
1272–74
Refugee Crisis in Iraq Act of 2007, 25, 1104
ineligibility for, 118, 502, 594, 1205–6, 1217–19
refugee travel document, 747, 753, 1062, 1308
international law issues, 331, 393, 1211
marijuana conviction, 105, 241–42, 1212
refugees, see Asylees and refugees
marriage fraud, 1001–2, 1266–68
refunds, see Fees
notice of relief, 406–7, 645
regional centers
nunc pro tunc permission, 1268–69
EB-5 centers, see Employment-creation visas
payment of fee for, 494
service centers, see Service centers
private legislation, 1274
registration
procedures for filing, 493–94
noncitizens, 179–80
protective order violation as basis to deny relief, 1206
NSEERS, 179–80
REAL ID Act standard, 331, 1207
sex offenders, 246
right to request, 447
security checks, 447–48, 649, 1063, 1212
registry, 966
smuggling, waiver for, 120–21, 148, 188, 1268
standard of proof, 1207
regression, see Priority dates
suspension, 1258–63
regulations
timing of request for, 447, 1206–7
see also Table of Authorities at p.1762 et seq.
unavailability of relief, 502, 1205–6, 1237–40
retroactive application, 1507
voluntary departure, see Voluntary departure
waivers, 145–56, 1231–40, 1266–68, 1272–74
Rehabilitation Act of 1973
§212(c), 1231–40
affecting criteria for naturalization, 1638–39
withdrawal of relief, 628, 631, 636, 1205–6
reinstatement
Religious Freedom Act, international, 11, 143
of BIA decision, 1289–90
humanitarian, 998, 1006, 1023
religious marriages, see Marriage and cohabitation
I-130, 1030
2031
❏ OK to proceed
Signed: ___________________ Date: ______
Job Name:
PDF Page:
Process Plan:
Date:
Time:
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Operator: ____________________________
religious persecution
religious persecution
asylum, 711–14
deportability for, 190
closed hearing, 418, 640, 989
closing argument, 325, 447, 473, 497
collateral attack on charge, 255, 1271, 1376
collateral estoppel, 493
commencement of proceedings, 375–76, 383
confidential hearing (battered spouse), 418, 989
constitutional protection, 41–42, 320–30
continuances, 398–406
convictions, proof of, 456–61
counsel, criminal charges against, 441
counsel, right to, 180–81, 396, 418–35, 644
counsel, role of government, 435–36
counsel, withdrawal of, 435
country of, 503, 508–10
court record, 474
criminal aliens, 500–503, 525–26
criminal record, admission of, 243–44, 456–61
cross-examination, 441–47
de facto deportation of USC child, 331, 1271
deferred action, 380, 383, 1271–72
departure during appeal, 1291–92, 1447–49, 1487–88
departure prior to hearing, 478
deportation hearing retained, 395
depositions, 414
detainers, 359–62
discovery, see Discovery
distinguished from inadmissibility, 39–42, 59–63
documents, retention by ICE, 345
documents, timely filing, 493–94
double jeopardy, 319–20, 328
due process in, 39–42, 59–61, 320–30
effect of deportation, 320
effective date, 237–40, 246–48, 395
embassy notification, 498–500
equal protection claim, 34–42, 329–30
estoppel, 385–86, 1269–71
evidence, 332–35, 416–17, 441–47, 450–65
ex post facto, 328
expedited removal, 160–63, 501–2
failure to appear, 119–20, 394–95, 478–92
failure to depart, 298, 320, 522–24
failure to follow agency rules, 329
Fifth Amendment, 320–30, 333, 405, 449–50, 466
filing documents, 396
timeliness, 493–94
final order of, 1349, 1482–85
fine for failing to depart after final order, 320
FOIA, 407–14
foreign law, 462–63, 1506
grounds of deportation, see Deportation grounds
harmless error, 422–23, 473–74, 1471
harsh consequences of removal, 320
hearsay, 450–54
IJ roles as prosecutor and adjudicator are separate, 498
in absentia hearings, see In absentia hearings
incompetent, 475–77
international law bars removal, 393
interpretation, 470–72
religious workers
B-1 visas, 790
history, 6
R visas, see R visas
special immigrants, 1095–99
remand
asylum cases (credibility), 1301
BIA, 1293–96
court of appeals, 1464, 1492–97
decision by government counsel, 1496
final order, 1496–97
procedural issues in federal court, 1492–97
reversal, distinguished, 1493–94
removal, expedited, see Expedited removal
removal grounds, see Deportation grounds; Inadmissibility grounds
removal proceedings—deportation
see also Deportation grounds; Removal proceedings—
inadmissibility; other specific procedural headings
abandonment or withdrawal, see Relief from removal
absence of respondent at hearing, 394, 478–92
additional charges, 417–18
adjustment of status, 383, 401–6, 990–93, 1046–48,
1061, 1263–66
new adjustment for LPR in removal proceedings, 1046,
1234, 1265
administrative closure, 392, 472–73
after adjustment, 1046–47, 1056, 1061
aggravated felonies, 195–240, 363–73, 467, 500–501
alienage, 466–67, 493, 501, 1220
amnesty application, 465
apparent eligibility, 406–7, 645, 1252
appeal
administrative, 1277–1308
federal, 1341–1512
final order, 1351–55
appearance, waiver by counsel, 435, 474
arrest, 345–48
arrest reports, admission of, 460–61
attorney fees, 1536–49
attorney sanctions, 437–41
authentication, 455–56
battered spouses and children, 418, 465, 989, 1247–48
bill of attainder, 328
bond, 351–59, 363–75
burden of proof, 465–70, 487–89, 503
cancellation of removal, see Cancellation of removal
cancellation of visas, see subhead: Visas, cancellation
of (in this heading)
charges, 182, 347, 376–84, 391, 394–95, 417–18
children, 162, 331, 355, 453–54, 475–77, 1219, 1271
citizenship claim, 388–91, 1657–58
civil proceeding, 328
classified information, 464
2032
❏ OK to proceed
Signed: ___________________ Date: ______
investors, 1116–17
Jencks Act, 414
judicial deportation, 7, 10, 314, 502–3
lawful permanent resident, 965, 1062
lenity, see Rule of lenity
marriage in, 401–5, 990–93, 1039–41, 1263–66
minors, 475–77
Miranda rights, 276, 328, 450
naturalization, relation to, 388–91, 1636–37, 1656–58
notice of deportation, 510
notice to appear (NTA), see Notice to appear
notice to embassy, 498–500
offer of proof, 463
opening statement, 447
order to show cause
service of, 247–48, 395
transition rules, 247–48
passport seizure, 345
physical removal, 508–26
absconders, 522–24
Adam Walsh Act, see Child abuse
criteria, 508–9
designation of country, 508–9
DHS disregard designation, 509
DHS procedures for detention, 515–20
due process challenge, 509
early removal of nonviolent offenders, 525–26
employment, 522
erroneous, 1447–49
fugitive status, 300, 523–24
notification, 510
payment for removal, 522
return after successful challenge to removal, 1447–49
sedation of deportee, 510
self-removal, see Self-removal
time limitation on, 510–22
police reports, 460–61
practice manual, EOIR, 444–47
prehearing conference, 417
prehearing procedures, 375–417
presence of respondent, 474–75
prior order attacked, 1271
prison as site of hearing, 501–2
prisoner transfer treaty, 314–15
prisoners, early removal, 525–26
procedural rights, 320–526
prosecutorial discretion, 376–83
readmission after, 107–8
record, 474, 1454–56
recusal of IJ, 494–98
reentry after deportation, 268–84, 503–7
regulations, failure to follow, 329
reinstatement of LPR status, 1266
relation back to cure defect, 500
relief from removal, see Adjustment of status; Asylees
and refugees; Cancellation of removal; Relief
from removal; Voluntary departure
repapering, 392, 1262
res judicata, 384–86
resident status terminated, 1067
retention of documents by ICE, 345
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removal proceedings—inadmissibility
rights explained, 406–7
rights of deportable aliens, 41–42, 320–30
search and seizure, see Search and seizure
security check to file for relief, 448, 1063
sedation of deportee, 510
selective prosecution, 384
self-incrimination, 339–40, 449–50, 492
sentence for immigration purposes, 105–6, 194, 235–
37, 254–55
sentenced to removal, 267, 314, 502–3, 525
speedy trial, 315, 328
state and local law enforcement, 347–48
statements taken, 461–62
statute of limitations, see Statutes of limitations
statutory construction, 469–70, 1499–1504
stay of removal, 524–25, 1028, 1289
stipulation to removal, 492–93, 502
subpoena, 414, 503
suppression of evidence, 332–35, 448–49
telephonic, 474
termination of proceedings, 384–94, 407
terrorist removal, 503
time limit on deportation, 510–22
translation, documentary form of, 463, 470–72
travel during, 1062
treaty transfers for prisoners, 314–15
unfair labor practice, 333, 1586
venue, 376, 396–98
video hearing, 475
visas, cancellation of, 165, 507
reinstatement on appeal, 1292–93
waivers, 145–56, 1266–68, 1272–74
witnesses in criminal proceeding, 300–301
wrongful departure, 1291–92, 1315–17, 1447–49,
1487–88
removal proceedings—inadmissibility, 156–86
see also Admission; Inadmissibility grounds; Removal
proceedings—deportation; Waivers; other specific procedural headings
admission, 59–63, 183
appeal
administrative, 186, 1277–83
judicial, 1341–46, 1482–97
asylum request, 161–62, 184, 635–43
burden of proof, 59–61, 65, 70, 90, 113, 124–25, 132–
33, 164, 181–83, 450, 462, 465–70
classified information, 163, 216, 463–64
consequences of, 107–8, 184–85
constitutional protection, 39–42, 61, 172, 367–69
continuances, 181
counsel, right to, 180–81
cross examination, 181, 441–44
2033
❏ OK to proceed
Signed: ___________________ Date: ______
Job Name:
PDF Page:
Process Plan:
Date:
Time:
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removal proceedings—inadmissibility, cont’d
distinguished from deportation, 39–42
due process, 39–42, 61, 172, 183
effective date of IIRIRA changes, 180
evidence, 181, 416–17, 441–47, 450–65
exclusion hearing maintained, 180
filing in immigration court, 396
final order, 1351–52, 1482–85
fundamentally fair hearing, 41, 181
hearing, rights at, 181
IIRIRA effects, 8–10, 180
interpretation, 181, 183, 470–72
lawful permanent residents, 40–41, 63–64, 182–83
travel during hearing, 1062
marriage in, 990–93
minors, 162, 475–77
naturalization, relation to, 388–91, 1636–37
notice of, 180
nunc pro tunc, readmission, 184, 1268–69
offer of proof, 463
open hearing, 181
parole, 164–65, 170–76
credible fear, persons who establish, 170–71
humanitarian, 175–76
indefinitely detained, 173–75
juveniles, 170, 176
Mariel Cubans, 175
revocation, 175
passport seizure, 345
physical removal, 185–86, 508–26
prehearing matters, 180–81
prosecutorial discretion, 180, 376–83
recusal of immigration judge, 494–98
relief unavailable, 1205–6
removal hearing, 181–83
resident status terminated, 1067
rights of inadmissible persons, 39–42, 59–63, 180–83
security procedures to file for relief, 448, 632, 649–50
security threat, 163
sequestration of witness, 465
stay of removal, 163, 186
stipulation to removal, 492–93, 502
stowaways, 164
terrorist removal, 163, 503
translation, 181, 183, 462–63, 470–72
travel during, 1062
venue, change, 180, 396–98
voluntary departure available, 184, 1215–23
withdrawal of admission application, 165, 184
reopen, motion to, 1311–36
abuse of discretion standard, 734–35, 1333–35, 1461–64
Administrative Appeals Office (AAO), 1308–9
administrative notice, 1306–8
agreement by DHS to reopen, 1323
asylum/withholding, 729–32, 1321–27
barred, 1317–31
battered spouse/child, 972, 1331
changed circumstances, 1323–27
consolidation in appeals court, 1492
counsel ineffective, 420–31, 1314
criteria, 1311–14, 1461–62, 1491–92
departure during, 1315–17
deported during, 1321
discretionary denials, 1333–35
district director, filed before, 1335–36
eligibility for, 1313–31
equitable tolling, 1271, 1327–31
explanation for previous failure to apply, 1319
factual basis, 1334–35
filing motion during proceedings, 1293–94, 1463
INA §212(c), 1235
legalization, 1609
marriage petitions, 990–94, 1320–21
numerical bar, 1318–19
opposition untimely, 1333
procedures, generally, 1311–14
regional service center, 1335–36
relief barred by statute, 1319
revocation of employment petitions, 1126
SAW/legalization applications, 1609
single BIA member decides, 1281
stay of removal, not automatic during, 1332
sua sponte, 1321–23, 1450–51
time bar, 1317–18
unavailability of information, 1332–33
repapering, 392, 1262–63
replacement of immigrant visa, 1035
request for evidence (RFE), 777–78, 911, 1027
removal proceedings—inadmissibility, cont’d
2034
res judicata
habeas corpus, 1375
rescheduling interviews, see Interviews
research resources, Apdx H
researchers, see EB-1 visas
residency, see Lawful permanent residents
retroactivity
aggravated felony provisions, 237–40
regulations, 1507
statutory construction, 1506–10
return of petition by consular officer, 1034, 1125–26
returning residents, 8, 59–63, 159–60, 182–83, 965,
1061–64
burden of proof, 65, 182–83
revalidation, automatic, 784–85
revalidation of visa, 769
review, see Administrative review; Federal jurisdiction;
Judicial review
revocation
asylum, 635, 747–48
❏ OK to proceed
Signed: ___________________ Date: ______
Job Name:
PDF Page:
Process Plan:
Date:
Time:
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security checks
employment-based petition, 1124–25
family petition, 1029–30
H-1B, 857
nonimmigrant, 768–69, 912, 1465, 1470
refugee, 539
VAWA petitioners, 972
RFE, see Request for evidence
RICO (Racketeer Influenced and Corrupt Organization Act)
civil actions, see Litigation
predicate offenses, 300, 1591–92
ripeness, 1438–40
Rule 11 to withdraw plea, 266
Rule 32 to vacate conviction, 266
Rule 35 to correct or reduce sentence, 266
rule of lenity, 469–70, 1482
S
S visas, 945–46
asylum, 641
change of status, 774–76, 945–46
criteria, 945–46
family members, 946
numerical limitation, 946
procedure, 946
safe-harbor provision
prevailing wage for H-1B, 840
safe haven, 533, 634
Salvadorans
ABC litigation, 10, 621–22, 633, 1252–53
temporary protected status, 621–22
sanctions, see Attorneys; Employer sanctions
Save Our Small and Seasonal Businesses Act of
2005, 21, 890
Schedule B, see Labor certification
scope of review
before BIA, see BIA review
federal court, see Judicial review
sealed records/protective orders
asylum denial for violation, 729
attorney sanction for violation, 439
discretionary relief denial for violation, 1206
evidentiary issues, 464
search and seizure, 332–45
application to aliens, 332–40
area control operation, 340–44
attorneys’ files, 341
audits, 1568
border searches, 343–44
churches, 344
civil proceedings for criminal purposes, 334
consent to, 342
document retention by ICE, 345
driver’s license, 344
egregious violation, fourth amendment, 332–33
electronic surveillance, 333, 342
factory sweeps, 340
Fifth Amendment, 333
First Amendment, 333
Fourth Amendment, 332–33
frisking, 339
fruits of unconstitutional search, 334
good faith exception, 339
inspection of I-9s, 1567–68
international waters, 344
interrogation, 335–40
laptop border searches, 344
motion to suppress, 335, 448–49
open fields, 341
probable cause standard relaxed in immigration, 340
reasonable suspicion, 335–39, 1566
recordings, consensual, 342
schools, 344
seizure, 339
self-incrimination, see Self-incrimination
standing, 341
sting operation, 344
subpoenas, 344–45, 1567–68
suppression, 332–35, 448–49
criminal reentry case, 272
suppression motion, 335, 448–49
unfair labor practice, 333, 1585–87
use of force, 340
validity, 340–41
Vienna Convention on Consular Relations, 333
with warrant, 340–41, 1568
warrant, standard, 341
warrant used improperly, 334
warrantless search, 341–42, 1568
wiretap, 342
second preference, see Employment-based immigration; Family-sponsored immigration; V visas
Secure Communities Initiative, see Immigration and
Customs Enforcement
Secure Flight Program, see Travel
securities law
and EB-5 investors, 1117–18
security advisory opinions, 762, 764–65
diplomatic visas, 931
security checks, 447–48, 632, 649–50, 764–65, 1033–
34, 1044, 1063, 1212
asylum, 649–50
bond, 353
consular processing for IVs, 1033–34
immigration judge, 447–48
LPR seeking I-90, 1063
NCIC checks, 14, 764–65, 939, 941, 1033–34
relief, 1212
removal proceedings, 632, 1063, 1212
Visas Condor checks, 764
Visas Donkey, 764
Visas Mantis, 764
2035
❏ OK to proceed
Signed: ___________________ Date: ______
Job Name:
PDF Page:
Process Plan:
Date:
Time:
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security threat
security threat
see also Terrorists and terrorism
grounds for special removal, 163
visa processing, 764–65
sedation of person removed, 510
selective prosecution, 34, 41–42, 180, 270, 294, 318,
384, 1355, 1403, 1575, 1601, 1659
Selective Service
legalization issues, 1606, 1614
naturalization requirement, 1634
self-incrimination, 158, 339–40, 449–50
continuance as basis for, 405
crimes as basis for asserting, 449–50
suppression, 333, 448–49
testify, refusal to, 449–50
self-petitioning
Cuban spouses, 748–50
spouses, parents and children of serviceman killed in
combat, 17–18, 973, 1023
widow(er)s, 967–69, 997–98, 1022–23
self-removal, 270, 492, 1220, 1291, 1315–17, 1447–49
after final order, 522
sentences and sentencing, 192, 235–38, 301–13
aggravated felons, 310–13
Booker, 301–4, 306–9
committed for treatment, not sentenced, 194
concurrent sentences, 237
correction under Rule 35 (FRCrP), 266
defined, 105–6, 192, 235–37, 309–10
deportation
as part of sentence, 267, 314, 502–3
prior to completion of sentence, 10, 267, 314, 502–3,
525–26
downward departure, 258–59, 304, 306, 312–14
enhancement under Apprendi, 253, 290, 301–2
false ID/name, 313
“found in” cases, 309
guidelines, 304–9
parole commission guidelines, 314
indeterminate sentences, 236–37
minors, sexual abuse of, 305, 311
notations in court record, not evidence, 460
probation, 236, 248–49, 267
reduction as affecting conviction, 237, 248–50, 266
reentry after removal, 307–9
smuggling cases, 305
stipulations, 313
suspending imposition, 192, 235–37, 305, 309–10
trafficking in false documents, 307
upward adjustments, 311–12
vacation of sentence, see Vacatur
withholding execution, 192, 235–37, 254–53
separation, see Family-sponsored immigration, subhead: Marriage-based petitions
sequestration of witness, 465
service centers (USCIS)
motions to reopen or reconsider, 1335–36
SEVIS (Student and Exchange Visitor Information
System)
F (student) status, 794, 797
J (exchange visitor) status, 794, 817
M (vocational student) status, 794, 806
sex discrimination
paternity statutes, 39
sex trafficking, see Trafficking
sexual abuse of a minor, see Child abuse
sexual offender, failure to register as
ground of deportation, 246
sexual orientation, see Homosexuality
2036
siblings
petition for LPR status, 974, 983, 1004
Silva letters, see Priority dates
Singapore
H-1B1 fast track visas, 867–68
Skidmore deference, 1478–79
skilled workers, 1092–94
smuggling aliens
crime of moral turpitude, 100
criminal grounds, 284–87
deportation, 188
inadmissible, 120–21
transporting/harboring, 286–89
waiver, 120, 148, 188, 1268
social group membership, see Asylees and refugees
social networking sites, 1000
Social Security
criminal fraud, 299
obtaining card, 1070–71
payments, 1069–70
priority N-400 processing for SSI recipients, 1644
solicitation of crime, 259–60
Somalia
South Sudan
sovereign immunity
construction of, 1511
Foreign Sovereign Immunities Act, 1529–34
Flatow amendment, 1531
head of state immunity, 1533–34
jurisdiction, 1529
private right of action, 1531
LCA violation, 850
unfair immigration employment cases, 1600–1601
Soviet scientists
EB-2 visas, 7, 16
special agricultural workers (SAWs)
administrative review, 1309–10, 1610, 1618
coverage, 1616
criminal penalties, 298, 1617
employment, 1618
❏ OK to proceed
Signed: ___________________ Date: ______
Job Name:
PDF Page:
Process Plan:
Date:
Time:
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reopen, motion to, 1609
temporary residency, 1616
travel, 1618
special counsel, unfair immigration employment
practices, 1564–65
special education exchange program, 822
special immigrant juveniles, 1100–1103
special immigrants, 1094–1105
Afghanis, see Afghanis
American Taiwan institute, 1099
broadcasters, 1103
commuters, 1095
employer unnecessary, 1094
G-4s, 931, 1100
international medical graduates, see Physicians
Iraqis, see Iraqis
juveniles, see Special immigrant juveniles
military service, 1103
military translators, 23, 1103
ministers, 1095–96
NATO, 1103
Panama Canal treaty employees, 1099
petition process, 1094
reacquisition of citizenship, 1095
religious workers, 1095–99
returning residents, 1094–95
translators for military, see Afghanis; Iraqis
U.S. employees, 1099
special registration, see NSEERS
specialty occupations, see H-1B visas
specific vocational preparation (SVP), 1086, 1093,
1163–64, 1169–70
speech-language pathologist
ineligible without certificate, 81
speedy trial, 315, 328
sponsors, see Affidavits of support; Family-sponsored
immigration; specific visa types
sponsors of terrorism, see Terrorists and terrorism
spousal abuse
see also VAWA petitioners
as aggravated felony, 209
as crime of moral turpitude, 92
as deportation ground, 244–45
as persecution, 716–17
spouses
see also Marriage and cohabitation; Marriage fraud
§245(i), see Adjustment of status
petitions, see Family-sponsored immigration
preference category, same as spouse under 3rd or 4th
preference, 1004–5
reason to believe charge, 106, 130
statutory construction rules
stalking
grounds of deportation, 244–46
standard metropolitan statistical area (SMSA), 1121
standard of proof
see also Burden of proof
asylum/withholding, 603, 610–13
corroboration, 656–63
discretionary relief, 1207
modified categorical approach, 234–35
removal, 468–69
standard of review
in Board of Immigration Appeals, see BIA review
in federal court, see Judicial review
standing
Fourth Amendment violations, 332–33, 341
unions, 1435
state and local government
law enforcement, 347–48
legislation, 3, 42–46
see also Table of State Statutes, p.1808 et seq.
alienage, 46
fundamental rights, 46
national origin, 46
political sovereignty, 45–46
preemption, 43
racial discrimination, 46
written agreement to enforce immigration, 348
State Department (DOS), see Department of State
statelessness
asylum, 540
statutes of limitations
§212(h) waivers, 148
back pay, 849
class actions, 1498–99
denaturalization / loss of citizenship, 1651, 1656, 1658
fraudulent documents, 295
habeas challenge to state conviction, 266
persons “found in” U.S., 272, 275
procuring naturalization in violation of law, 1658
terrorism, suits against state sponsors of, 1530–32
Torture Victims Protection Act, 1525
U visas, 957
statutory construction rules, 1499–1512
agency deference, 1471–82
ameliorative statutes, 1502–3
avoidance of FRCP 12(b)(6) dismissal, 1511
avoidance of serious constitutional question, 1505
avoidance of violations of international law, 1505–6
clear statement rule, 1414
clear statutory language, 1499–1502
deportation statutes, 469–70, 1502–3
inclusion of language, 1502
jurisdictional vs. claims processing, 1504–5
multiple statutes, 1503–4
omission of language, 1502
retroactive application of statute, 1506–10
2037
❏ OK to proceed
Signed: ___________________ Date: ______
statutory construction rules, cont’d
void for vagueness, 1511
statutory construction rules, cont’d
stays
BIA, 524–25, 1289
from court of appeals
of removal, 1485–87, 1497
of voluntary departure, 1217–18, 1221–22, 1488–89
extensions of, generally, 767
in removal (deportation), 524–25, 1289
in removal (inadmissible), 163, 186
STEM (Science, Technology, Engineering, Math)
students, 800–802, Apdx M
stepchildren, 974–75
sterilization, see Forced abortion/sterilization
sting operations, 344
stipulations
binding on counsel, 434–35
judicial order of removal, 502–3
removal order, 492–93
sentencing, see Sentences and sentencing
stolen property
as aggravated felony, 212–15
stop-time rule, 1226–28, 1260–62
stowaways
asylum/CAT claim, 164, 633, 635, 641–42
removal at border, procedure for, 164
streamlining at BIA, see Affirmance without opinion
(AWO)
strike provisions, 1587
strip searches, see Detention
students, see F visas; J visas; M visas
Chinese Student Protection Act, see China
sua sponte reopening, see Judicial review
subpoenas
employer sanctions, 1567–68, 1570
enforcement of the INA, 344–45
terrorist court, 503
substantial-evidence test, 1467–71
substitution of beneficiaries and employers, see Beneficiaries; Successor employers
subversives
deportation of, 189
inadmissible for, 128–29
successor employers
employment-based petitions, 1121–22
H-1Bs, 855
Sudan
suits against the government, see Litigation
2038
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summary decisions, 184, 319, 492
deportable, 492
inadmissible, 184
summary removal, 9, 160–63, 500–501
see also Expedited removal
supervised release, 267, 363–65, 519–20
procedure, order of supervision, 520
subsequent to inability to remove, 519
suppression of evidence, see Search and seizure
suspension of deportation, 1258–62
see also Cancellation of removal
extreme hardship, 1249–52, 1260, 1262
ineligible, 1260–62
NACARA, see NACARA
residency by, 966
seven-year provision, 1249, 1259
ten-year provision, 1260
SVP, see Specific vocational preparation
SWA (state workforce agency)
see also Labor certification
complete and file I-9s, 1554
E-Verify, 1562–65
LC process, 1139–40
Syrians
student (F-1) employment, 799
Syrian Adjustment Act, 13
temporary protected status (TPS), 623
T
T visas, 946–52
abusers prohibited from visa, 952
age-out provision, 948
assistance, reasonable request defined, 947
cap of 5000 visas, 949
civil action for trafficking, 1528, 1549
defined, 946–47
employment, 949
evidentiary standard, 948
removal after T status, 949
removal of T visaholders, requirements for arrest, 347
waiver, 948–49, 952
TAL (Technology Alert List), 128, 764–65
targeted employment area, 1107
TARP H-1Bs, see H-1B visas
tax crimes
tax avoidance
expatriate tax, 1068–69
good moral character issue, 1214–15
ground of inadmissibility, 81
❏ OK to proceed
Signed: ___________________ Date: ______
tax evasion, 100
as aggravated felony, 216–20
tax returns
affidavit of support, 75–76
taxation
of LPRs/NIVs, 1067
tax treaties, Apdx G
teachers
labor certifications, 1191–92
Technology Alert List (TAL), 128, 764–65
TECS II, 156
telephonic and video technology
appearance by counsel, 432–33
client communication with counsel, 178
credible-fear interviews by telephone, 635
deposition by videotape, 301
employer-sanction hearing, videotape evidence, 1570
expert and other testimony by telephone, 325, 445–46
immigration court record, 474
“location” of electronic hearing, 475, 1489–91
minors and incompetents, hearings involving, 475–77
presence of respondent by phone or video, 474–75
temporary protected status (TPS), 616–23
administrative closure of proceedings, 620
application procedure, 620
asylum and TPS, 617
benefits, 617
cancellation of removal, time not counted toward, 617
cancellation of visa under INA §222(g), 767
change of status, 617
children, 618–19
criminal conviction, illegible for, 618
criteria, 616
deportation stopped, 616, 621–22
employment, 616, 619, 621
Guatemalans, 621–22
Haitian, 622–23
Hondurans, 622
late filing, 619–20
Nicaraguans, 622
Salvadorans, 621–22
Somalis, 622
South Sudanese, 622
spouse, 618–19
SSI, 617
Sudanese, 622
Syrians, 623
temporary status before approval, 619
travel, 617
visa cancellation, 767
withdrawal of status, 619
temporary workers, see specific visa types
ten-year bar, see Unlawful presence
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Title VII
termination of proceedings, see Removal proceedings—deportation
terrorists and terrorism
association with terrorist organization, 141
courts, specialized, 503
deportable offense, 189
designation of terrorist organizations, 136–37
detention, 363–75, 518–19
suspected terrorists, 169, 373–75
duress defense, 130, 132–35, 138, 140
to material-support for terrorists, 133–34, 586
to military-type training for terrorism, 130, 134
to solicitation of funds/membership for terrorism, 132,
134–35
inadmissibility, generally, 129–30
interview procedures by AG office, 340
jurisdiction, 503
material support, 132–36, 139
duress exemption, see subhead: Duress (in this heading)
medical support exemption, 135
military training exemption, 134
waiver, 21, 133–34
membership in terrorist organization, 137–38
NCIC checks, 764–65
NSEERS, 179–80
organization defined, 136
organizations designated as terrorist, 136–37
presidential order on detention/trial, 374
private action, Anti-Terrorism Act of 1991, 1528–29
reason to believe standard, 129–30
relief unavailable
adjustment, 1044
asylum, 586
cancellation, 1126
INA §212(c), 1238
registry, 966
suspension, 1260
withholding, 586
removal procedures
at border, 163
in immigration court, 503
special benefits for victims of, 1019–21
spouses and children of terrorists, 130
state sponsors of terrorism
NIV restrictions on persons from designated countries,
760
suits against, 1530–33
suspected terrorists, 163, 503
Terrorism Prevention Act of 2004, 19
waiver, 133–34, 138
third preference
employment-based petitions, 1092–94
family-based petitions, 1004
three- and ten-year bars, see Unlawful presence
Title VII
relationship to aliens, 1589–90
relationship to unfair immigration employment practices, 1595, 1597
2039
❏ OK to proceed
Signed: ___________________ Date: ______
Job Name:
PDF Page:
Process Plan:
Date:
Time:
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TN visas
TN visas, 781–84
business visitors, 781
children, 783
denial, 783
dentist, 782
dual intent, 784
E visas, 784
engineers, 782
in-state tuition, 783–84
L petitions, 781
management consultants, 782
NAFTA, see NAFTA
nurses, see Nurses
physicians, 782
procedures, 783
professionals, 781–82
self-employment prohibited, 782
spouses, 783
technologists, 782–83
visitor for business, 781
tort claims, see Litigation
torture
defined, 606–8
Torture Victims Protection Act (TVPA), see Litigation
tour bus operators, 781, 791–92
travel
Advance Passenger Information System (APIS), 156, 772
Arrival and Departure Information System (ADIS),
156–58, 416, 772
asylees/refugees, 649, 714, 747, 753
DHS-TRIP (Traveler Redress Inquiry Program), 158, 173
ESTA (Electronic System for Travel Authorization), 772
extension of stay pending, 774
Fleuti doctrine, 63–65
Global Entry program, 159–60
H-1 and L-1 visa holders, 861, 912
removal proceedings, travel during, 1062
Secure Flight Program, 156–58, 772–73
TPS, 617
US-VISIT program, 158, 771–72, 786
Travel Act
drug crime, 204
treaty transfers of prisoners, 314–15
treaty visas
bilateral investment treaty, 914, Apdx L
NAFTA, 781–84
treaty investor visa, see E-2 visas
treaty trader, see E-1 visas
TRIP Program, 158, 773
trafficking
in drugs, see Drug offenses
in false documents, see Documents
in firearms, 204
in persons (sex trafficking), 300, 947
see also T visas; VAWA petitioners
as ground of deportation, 244
as ground of inadmissibility, 106
private right of action, 1528, 1591–92
withholding documents to further, 299
Trafficking Victims Protection Acts, see History of
immigration laws; Litigation; Trafficking; VAWA
petitioners
trainees, see H-3 visas; J visas
transcripts, deficiencies in, 474, 734, 1290–91, 1454–55
transfer case from or to circuit courts, 1375–76
transfer of detainees
attorney notification, 432
ICE standards, 350
Transfer Treaty, 314–15
transgender marriages, 994
transit visas, see C visas
transit without a visa (TWOV), 943
adjustment, 943, 1035
translations and translators
asylum requirements, 631–32, 685
documentary forms of, 470–72
foreign documents, 454–56, 462–63
Iraqi translators for U.S. military, special immigrant
status, 23, 1103
right to, 181, 470–72
transporting/harboring or bringing/encouraging
aliens, 284–93
2040
truck driving
commercial, 791
tour operators, 781, 791–92
Tucker Act, see Litigation
tuition, in state, 804
two-year foreign-residency requirement, see Foreignresidency requirement
TWOV, see Transit without a visa
U
U visas, 952–59
§239(e) compliance, 956
abusers barred from visa, 959
admission, 955
agency assisting, 957–58
arrest, 957
cap, 954
certifying agency, 954
certifying official, 954
change of status, 956–57
continued presence status, 957
crimes covered, 953
defined, 952–53
disclosure of information, 956
duration of status, 955
eligible for, 952–53
employment authorized, 955, 959
extension of status, 956–57
family members, 955–56, 958
inadmissibility, 956
interim relief, 959
NTA issued, 956
❏ OK to proceed
Signed: ___________________ Date: ______
Job Name:
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Process Plan:
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Time:
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unlawful presence
petitioning, 953–54
Against Transnational Organized Crime (TOC), 534–
35, 727, 947
removal of U visaholders
High Commissioner for Refugees (UNHCR)
proceedings, 956
detention standards, 643–44
requirements for arrest, 347
Handbook, 533–34, 753
revocation of petition/status, 956
refugee processing, 624–26
unlawful presence, not accrued, 113, 954
representatives in transit, see G visas
victim defined, 953
United States
waiting list, 954
as proper defendant, 1444, 1516–19
waiver, 148, 956
U.S. workers defined
unauthorized employment, see Employer sanctions;
employment creation, 1109–10
Employment authorization
unauthorized practice of law (UPL), 436–37
unlawful presence
AAO appeal does not stay, 114, 1310
unfair immigration-related employment practices,
1592–1602
advance parole, 112
aggregate, not counted, 109
asylum, 111, 113
battered spouses/children and VAWA, 113, 972
constitutional issues, 1601
Canadians, 110
coverage, 1592–96
debarment, 1599
change of status, 110, 113–14
defenses, 1600–1601
disparate impact, not basis for claim, 1596, 1599–1600 conditional residence, 111
consulate investigation, 114
document abuse, 1594
DED, 111
documents, employer questioning, 1599
EEOC overlap, 1597
defined, 109–12
employer, 1593
duration of status on I-94, 110
employment, defined, 1593
embassy questioning, 114
good faith, defense, 1601
EWI, see Entry without inspection
H-2A/2B, relationship to, 1593
exceptions, 113
hearing, 1597–98
extension of status, 110, 113–14
honesty policy, defense, 1601
family unity, 113
IIRIRA changes, 8–10, 1594
federal court litigation, 111
judicial review, 1470, 1601–2
knowledge standard, 1593
HRIFA, 112
labor certification, relationship to, 1593
legalization, 111
lost wages, civil actions for, 1590–91
minors, 113
mixed motive, 1599
NACARA, 112
office of special counsel, 1596
nonimmigrants, 110
outsourcing, 1601
one year and seek reentry, 118
pattern or practice cases, 1596
overstays, 766–68
penalties, 1599
parole, 112
private action, 1597
reopen, motion to service center, 114
protected individuals, 1592
reduction in force, defense, 1601
supervision, order of, 112
relief, 1598–99
suspension of deportation, 112
retaliation claims, 1593
temporary residents, 111
scope, 1592–96
three- and ten-year bars, 108–9
advance parole, 111–12, 1059
statute of limitations, 1601
differences between 3/10 year bar, 108–9
time limitations, 1596–97
ten-year bar (INA §212(a)(9)(B)(i)(II)), 109
unfair labor practices
three-year bar (INA §212(a)(9)(B)(i)(I)), 108–9
challenge to NTA based on unfair labor practice, 393
waiver, 115–17
suppression of evidence in removal proceeding, 333
time not aggregated, 109
United Kingdom
tolling, 113–14
visas for UK subjects living in Bahamas, Cayman, or
TPS, 111
Turks and Caicos, 784
unlawful status distinguished, 109–10
United Nations
VWP satisfactory departure, 112
Conventions; see also Asylees and refugees
waiver, 115–17
withholding of removal, 111
Relating to the Status of Refugees, 533–34
2041
❏ OK to proceed
Signed: ___________________ Date: ______
unpaid leave
Job Name:
PDF Page:
Process Plan:
Date:
Time:
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unpaid leave
benching, 837
NACARA, 969
employment rights, 1590–91
naturalization, 972–73, 1629
H-1B, 856
permanent residency, petition for, 969–73, 999, 1008,
maintenance of status, 776
1026, 1044
removal
hearing closed, 418, 989
U.S. Attorney
removal of, requirements for arrest, 347
plea bargain binding INS, 300
reopen, motion to, 972, 1331
U.S. Citizenship and Immigration Services
revocation, 972
InfoPass, 1028
self-petition, 22–23, 969–73, 999, 1008, 1013, 1018,
U.S. Customs and Border Protection (CBP), see Cus1022, 1026
toms and Border Protection
suspension of deportation, 1247–48, 1262
unlawful presence and 3/10 bar, 113, 972
US-VISIT program, 771–72, 786
visa waiver program, 787, 972, 1042–43
waivers, 66, 107–8, 113, 118–19, 153, 246, 972, 986,
affidavit of support, 72
1001, 1248
aged-out, 1010, 1020
venue
asylum, mandatory denial, 586
adjustment, 1024, 1056–57
detention, mandatory, 169, 373–75, 518–19, 522
appeal circuit court, 475, 1345–46, 1368, 1387, 1449,
1489–91
special benefits for family of victims, 1019–21
asylum, 631, 650, Appx E
terrorism issues, 129–30, 140–41, 189
bond, 168–69, 353–54, 358, 396–97
change of, 396–97
V
district court, 358, 1371–73, 1449
V visas, 940–42
mandamus, 1383
removal (deportation), 375–76, 396–97
admission, 941–42
removal (inadmissible), 180
aged out, 941, 1010
verification of employment, see Employer sanctions
Canadians, 780
veterans
children, 941
employment, 941, 1583
inadmissibility issues, 941
spouses, parents or child, 973
procedure, 941–42
VIBE (Validation Instrument for Business Enterspouse, 940–41
prises), 778–79
termination, 941
travel, 941, 1057
Victims of Trafficking and Violence Protection Act
of 2000, see History of immigration laws
vacatur, 251–53, 266
video hearings and testimony, see Telephonic and
as basis to reopen, 254
video technology
burden of proof, 252–53, 460
Vienna Convention on Consular Relations, 333, 498–
Pickering, 251–52, 460
99, 522–23, 1534–36
reason to believe charge sustained, 254
Vietnam adjustment, 13, 1018–19
of sentence, 253, 266
Violence Against Women Act (VAWA), see History
vaccinations, 66–68
of immigration laws; VAWA petitioners
VAWA petitioners, 969–73
Violent Crime Control and Law Enforcement Act of
abuser barred from petitioning, 971
1994, 7
adjustment of status, 972, 1036, 1044
Virgin Islands, British
affidavit of support not needed, 72
visa waiver, 784
age out, 970, 1009, 1013
Visa Interview Waiver Pilot Program, see Consular
arrest, 972
processing
bars under §245(c) not applicable, 972, 1044
visa waiver program (VWP), 785–88
adjustment, 786, 1042–43
confidentiality, 465, 971–72
asylum, 162, 354–55, 787–88
Cuban Adjustment Act, 13, 749
bond if detained, 646, 787
change of status, ineligible, 775, 787
divorce, 969
constitutionality questioned, 788
domestic violence waiver, 246
extension of status, ineligible, 787
employment authorization, 930, 932, 971, 1583
machine readable passports, 15, 786
evidentiary issues, 465, 971, 1001, 1026, 1247–48
Northern Mariana Islands, see Northern Mariana IsEWI bar waived, 118–19, 972
lands (CNMI)
fraud waiver, 153
overstay, 788
2042
❏ OK to proceed
Signed: ___________________ Date: ______
Job Name:
PDF Page:
Process Plan:
Date:
Time:
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VAWA and VWP, 787, 972, 1042–43
voluntary departure extension, 787, 1215
waiver of rights, 787
visas
see also Consular processing; Immigrant visas; Nonimmigrants; specific visas and specific issues
cancellation by DHS, 165, 507
cancellation under INA §222(g), 766–68
chargeability, 1005–6
classification symbols, Apdx N
continuance for petition pending, 401–4
denial, 156, 763
electronic filing, 770
exempt from, 780–88
extension automatic, 784–85
notice of denial, right to, 156, 763
petition returned to USCIS, 769–70
reissuance, 769
revalidation, 769, 784–85
revocation, 768–69, 1369, 1470
validity, 761, 766
waiver, 147–48
Visas Mantis process, 128, 764–65, 769
visitors, see B-1 visas; B-2 visas
vocational students, see M visas
222(g) of INA, 767
administrative, 1028, 1215
administrative review, 1219, 1222, 1292–93
bar to, 1216–18
BIA standard, 1220
bond requirement, 1216, 1218–19
changes to, 1219
children, 477
civil penalties, 1217
conditions for, 1218–19
denial of relief, 1217–18
detention pending departure, 1219
effective date of changes, 1219
employment authorization not permitted, 1584
exhaustion of administrative remedies, 1222
expiration of VD, 1217
extended voluntary departure, 536, 615–16
extension from DD after grant by IJ, 1219–20
failure to appear for, 1205–6
failure to depart, 1217–18
hearsay evidence, 1220
not required at master calendar, 1215
required at removal hearing conclusion, 1216
inadmissible persons now eligible, 181, 184, 1216
ineligibility for, 1215–16
master calendar, 1215
prehearing voluntary departure, 1215
procedural issues, 1219–22
reinstatement on appeal
administratively by BIA, 1220, 1292–93
federal court, 1220–23
waivers
reopened proceedings, 1218
stay in federal court, 1222, 1488–89
stipulation to, 1215
termination upon filing petition for review, 1218,
1220–22, 1489
termination upon motion to reopen, 1217–18
three- and ten-year bar, 1222
VAWA self-petitioners, 1219
visa revocation, 768–69
visa waiver program, 786, 1215
voting unlawfully
criminal offense, 297, 1660
deportability, 191–92
W
wage loss
measure for aliens, 1590–91
waivers
§274C final order, 121, 148
asylees, 68, 145–46, 625, 751–52
cancellation of removal
immigrants, 145, 1223–42, 1273
nonimmigrants, 1242–63
communicable disease, 66, 146, 148
Communist Party, 142
concurrent, 1272–73
consular officer’s criteria, 155
crimes, 81–107, 145–52, 1223–28, 1272–73
denial, right to notice of, 155–56
deportation
applicability, 107–8, 1205 et seq.
domestic violence, 246
drug abuse, no waiver, 69–70
drug conviction, 105, 145, 241–42
previous deportation, 107–8
emergency, 147
EWI, 119
exchange students (§212(e)), 148, 775, 810–17, 1039
exclusion, previous, 107–8
fee, 155–56
foreign physician, 148, 775, 813–15, 866
forms for waivers, 155
fraud, generally, 121–25, 153–54, 1001, 1266–68
fraudulent marriage, 1001, 1266–68
health related, 65–70, 146, 148
appeal, 70
burden of proof, 70
HIV, 65–66, 146
humanitarian, 148
I-193, 147
I-212, 107–8
I-601, 145
see also specific waiver provisions
expedite request, 145
I-602 form, 68, 625
immigrant, generally, 65–156, 1266–68
2043
❏ OK to proceed
Signed: ___________________ Date: ______
waivers, cont’d
immigration court fee procedure, 494
INA sections
see also Table of Authorities list of INA sections cited
(p.1742)
209(c), 68, 145–46, 751–52, 1266, 1273–74
212(c), 1223, 1231–42, 1273
212(d)(1), 146
212(d)(3), 146–47, 586, 760
212(d)(4), 147
212(d)(11), 120, 148
212(d)(12), 121, 148
212(d)(13), 148
212(d)(14), 148
212(e), 148, 760, 775, 810–17
212(g), 13, 66–69, 148, 187, 750–52, 935, 972, 1272–
73
212(h), 5, 7, 9, 63, 102–3, 105, 148–53, 1213, 1256,
1265, 1268–69, 1272–73, 1349
212(i), 9, 121–22, 125, 127, 153–54, 318, 382, 952,
1035, 1056, 1256, 1265, 1272–73
212(k), 125, 155, 1056, 1273
213, 155, 1274
237(a)(1)(E)(ii), 188, 1268, 1611
237(a)(1)(H), 125, 984, 989, 1001, 1266–67
237(a)(2)(B)(i), 240–41
237(a)(7), 13, 246
240A, 105, 145, 1223–42
international law basis, 393
issue not raised before IJ, 1302
lack of documentation, 125, 147, 155
marijuana conviction, 5, 105, 149–50, 241–42
mental disorder, 69, 148
misrepresentations, material, 125, 153–54, 1266–67
multiple grants, 1267, 1272–74
nonimmigrants generally, 146–47, 760
notice of denial, 156
nunc pro tunc grants, 184, 1268–69, 1272
passport or NIV missing, 147
petty offense, 82–83
physical disorder, 68–69, 148
prior deportation, exclusion or removal, 107–8
procedures, see specific waiver
prostitution, 106, 149–50, 1272–73
public charge, 18, 70–78, 145–46, 155
reapply after deportation, exclusion or removal, 107–8
refugees, 68, 145–46, 625, 751–52
removal, previous, 107–8
S visas, 146
simultaneous, 1267, 1272–74
smuggling, 120–21, 148, 1268
stacking, 1267, 1272–74
T visas, 148, 948–49
ten-year bar, 107–9
terrorism, 133–35, 138–40, 147
three-year bar, 108–9, 118
totalitarian membership, 142
travel documents, 125, 147, 155
tuberculosis, 66, 148, 1273
two-year foreign residency requirement, see Foreignresidency requirement
TWOV, 147
waivers, cont’d
2044
Job Name:
PDF Page:
Process Plan:
Date:
Time:
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U visa, 148, 956
vaccinations, 66–68, 148
warrants
administrative, 1568
attorney’s files, 341
search without, 341–42, 1568
standard, 340
validity, 341–42
well-founded fear, defined, 536, 581–85
Western Hemisphere priority dates, see Priority dates
Western Hemisphere Travel Initiative (WHTI), 772,
780, 784, 1645–46
whistleblowing as grounds for asylum, 556, 727–28
widows and widowers
petition by immediate relatives, 967–69, 1022–24,
1030
willful blindness / willful ignorance
CAT claims, see Convention Against Torture (CAT)
misrepresentations on form as ground of inadmissibility, 124
willful violators of H-1B/LCA, 836, 845, 852–54
withdrawal of admission, 165, 184
withdrawal of applications and petitions
admission application, 165
asylum application, 631
immigrant visa petition, 1025
withholding of removal, 597–604, 636–42, 650–729
alternate theories for claim, 707
asylum distinguished, 637–39
asylum officer, 627–36
bar to, 597–603
bond, 170, 354, 646–47
corroboration, 20, 610–11, 637, 656–58
credibility, 610–11, 675–707
derivative status not available, 637, 643, 710, 746
difference with asylum, 637
difference with CAT, 637–39
disqualification for, 598–603
effective dates, 604
evidence, type for claim, 650–56, 707–29
judicial review
see also Judicial review
substantial evidence, 735–44
nonpolitical crime, 585, 601–2
particularly serious crime, 502, 598–601
past persecution as basis for, 574, 597
prohibitions to withholding (discretionary), 598–603
prohibitions to withholding (mandatory), 603
protective order violation as a basis to deny relief,
1206
reasonable fear determination, 636
reopen, motion to, 729–32, 1311–14
revocation, 635, 748
security ground as prohibition, 602–3
❏ OK to proceed
Signed: ___________________ Date: ______
serious nonpolitical crimes, 601–2
standard of proof, 637–39, 650–52
Torture Convention distinguished, 637–39
U.N. Convention and Protocol, 533, 597
witnesses
see also S visas; T visas; U visas
departure during criminal proceeding, 300–301
experts, 444–47
work authorization, see Employment authorization
workers’ compensation laws
undocumented workers protection, 1585–92
Job Name:
PDF Page:
Process Plan:
Date:
Time:
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wrongful termination of employee
writs
All Writs Act, 265, 769, 1341, 1350, 1364, 1380,
1403, 1408, 1411, 1432, 1484, 1497
of audita querela, 265
of error coram nobis, 265
of habeas corpus, 520–21, 1363–78
wrongful termination of employee, 333, 393, 921,
1590
2045
❏ OK to proceed
Signed: ___________________ Date: ______
Job Name:
PDF Page:
Process Plan:
Date:
Time:
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Operator: ____________________________

Kurzban`s 13th Index - American Immigration Lawyers Association

Transcription

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