Course Syllabus Family Immigration Law University of Houston Law Center Spring Clinical Prof. Janet Beck

Transcription

1 Course Syllabus Family Immigration Law University of Houston Law Center Spring 2015 Clinical Prof. Janet Beck Course Description: Utilizing federal statutes, regulations, case law, the Visa Bulletin, the U.S. Dept. of State Foreign Affairs Manual as well as federal agency memoranda, students will work individually and in groups to find legal solutions to hypothetical situations that involve the immigration of families to the U.S. Students will develop practical skills that will enable them to successfully represent clients who are seeking immigration benefits through a family member in the U.S. or abroad. The class will be a combination of lecture, in-class exercises and take-home assignments. Course Materials: Students should pick up the Packet of Materials (POM) before the first class. These materials will be 3-hole punched with a Table of Contents. It is suggested that students put them in a looseleaf binder. No textbook will be used for this class; rather each week there will be an overview of the week written by Prof. Beck in addition to the other required reading materials in the POM. Laptops: Students must bring their laptops to class as there will be times when they will be using them for class exercises. Class Hours: The class will meet from 6 to 7.30 pm on Mondays and Wednesdays starting Wednesday Jan. 21. Attendance Policy: Students are expected to attend and be prepared for each class. The University of Houston Law Center has a minimum 80% attendance policy for students. Students who attend fewer than the minimum percentage of required classes may be automatically dropped from the course. Grading: Grades will be as follows: 20% class participation, 40% take home assignments, 40% final exam. Final Exam: May 13 noon The final exam will be a take-home final exam due on May 13. Exams turned in early must be delivered to Prof. Beck in the Clinic; otherwise, she will collect them in the classroom on May 13 at noon. Office Hours: To meet with Prof. Beck with questions regarding the class, students should her with several of their available meeting times at jbbeck2@central.uh.edu 1

2 Week 1 (January 21) Overview of Immigration Law POM: Tab 1 1. Immigration Overview PowerPoint 2. Historical highpoints in Family Immigration Law 3. Primary Sources cover pages: Immigration and Nationality Act (INA/8 USC); 8 CFR; 22 CFR 4. U.S. Constitution Art. I 8 cl. 3 (Commerce Clause) Art. I 8, cl. 4 (Naturalization) Art. 1 9, cl. 1 (Migration and Importation Clause) Amendment 5 (Due process) 5. U.S. Government Agencies controlling immigration law: USCIS, USCBP, USICE, USDOL, USHHS (websites) 6. Administrative (EOIR) proceedings: Immigration court and the Board of Immigration Appeals (websites) 7. Federal court website: U.S. Supreme Court, Fifth Circuit Court of Appeals, Southern District of Texas (websites) 8. Glossary of Terms Jan. 26: Week 2 (January 26 and Jan. 28) Marriage, Divorce, Children POM: Tab 2 INA 101(b) (definitions of children) 9 FAM 40.1 Notes read definitions of children 8 CFR 204.2(d)(2)(iii) (out of wedlock primary evidence) U.S. Dept. of State (DOS) cable and website on Assisted Reproductive Technology (ART) Matter of Pagan, 22 I&N Dec. 547 (BIA 1999) (legitimation) Matter of Reyes, 17 I&N Dec. 512 (BIA 1980) (out-of-wedlock) POM: Tab 2 INA 101(a)(35) (spouse), 101(b)(2) (parent) 9 FAM 40.1 Notes read definitions of spouses 2

3 DOS website for Sierra Leone regarding acceptable marriage and divorce documents per country (Visa Reciprocity country documents) TX Family Code 2.401, (Common Law Declaration of Informal Marriage ) Matter of Kodwo, 24 I&N Dec. 479 (BIA 2008) (tribal marriage divorce) Feb. 2: **TAKE-HOME ASSIGNMENT # 1: Letter to Client. Due Feb. 9** Week 3 ( Feb. 2 and 4) Priority Dates; Filing Family-Based Petitiions POM: Tab 3 Visa Bulletin (read family categories) Flow charts for IR spouse and F2B Mexico 9 FAM Notes 2.3 and 3.1 (Cross-chargeability) Feb. 4: POM: Tab 3 INA 204(l) Death of petitioner 8 CFR 205 Automatic revocation of petition 8 CFR 204.2(i) Conversion of preference categories and retention of priority dates Matter of Zamora Molina, 25 I&N Dec. 606 (BIA 2011) (conversion) USCIS memorandum, 2012: Transgender status (evidentiary burden) Feb. 9: Week 4 ( Feb. 9 and 11) Child Status Protection Act; Bars to Relative Petition Approvals POM: Tab 4 American Immigration Council Practice Advisory on the Child Status Protection Act Matter of Vasquez, 25 I&N Dec. 817 (BIA 2012) Feb. 11: POM: Tab 4 USCIS Interoffice Memorandum, Adam Walsh Child Protection and Safety Act of 2006, July 28, 2006 Matter of Aceijas-Quiroz, 26 I&N Dec. 294 (BIA 2014) (Adam Walsh) 3

4 Osakwe v. Mukasey, 534F.3d 977 (8 th Cir. 2008) (remand to determine if first marriage was bona fide because CIS had denied second marriage pursuant to INA 204(c) Matter of Tawfik, 20 I&N Dec. 166 (BIA 1990) (evidence re sham marriage) Feb. 16: POM: Tab 5 Article regarding interviewing skills Feb. 18: POM: Tab 5 Article regarding writing skills Week 5 ( Feb. 16 and 18) Interviewing and Writing Skills **TAKE-HOME ASSIGNMENT # 2: Letter to USCIS Due March 11** Feb. 16: Week 6 (February 23 and 25) Conditional Permanent Resident Status: Spouses and Children Joint Petitions and Waivers for Removal of the Conditional Status POM: Tab 6 AILA article on Conditional Permanent Resident Status, reprinted with permission Matter of Balsillie, 20 I&N 486 (BIA 1992) (waivers) USCIS form I-751 Feb. 18: POM: Tab 6 Matter of Lemhammad, 20 I&N Dec. 316 (BIA 1991) Blank template for List of Exhibits Feb. 23: Week 7 (March 2 and 4) 4

5 **IN-CLASS UNGRADED QUIZ on course material from beginning of semester through Feb. 18** Feb. 25: Discuss answers to quiz. Week 8 (March 9 and 11) Consular Processing v. Adjustment of Status; Accompanying v. Following-to-Join March 9: Adjustment of Status POM: Tab 8 INA 245(a) USCIS form I-864 instructions In the Marriage of Kamali, 356 S.W.3d 544 (Tex.App. Texarkana 2011) March 11: Consular Processing POM: Tab 8 DS-260 website (DOS) INA 203(d) Following to join v. accompanying MARCH SPRING BREAK Week 9 (March 23 and 25) Surviving Relatives, Fiance(e) petitions, Widowers and V visas March 23: Surviving Relatives and Widowers POM: Tab 9 INA 204(l) March 25: Fiance(e) petitions and V visas POM: Tab 9 9 FAM Notes Matter of Zeleniak, 26 I&N Dec. 158 (BIA 2013) (same-sex finacee) Week 10 (March 30 and April 1) 5

6 Violence Against Women Act petitions and Dual Representation March 30: Violence Against Women Act petitions POM: Tab 10 Powerpoint April 1: Dual Representation POM: Tab 10 Article on dual representation in immigration law April 6: Military Spouses POM: Tab 11 USCIS Memorandum April 8: INA 245(i) Week 11 (April 6 and 8)- Military Spouses and INA 245(i) POM: Tab 11 8 CFR 245(i) Matter of Jara Riero, Matter of Jara Espinol, 24 I&N Dec. 267 (BIA 2007) *TAKE-HOME ASSIGNMENT # 3 Letter to Client due April 20* Week 12 (April 13 and 15) Grounds of Inadmissibility and Deportability; Waivers April 13: Grounds of Inadmissibility POM: Tab 12: 9 FAM 40.6 Exhibit 1 (Chart regarding waivers) INA 212(a)(6)(C)(ii)(II) (Child Status Citizenship Act of 2001) INA 212 peruse this section Eid v. Thompson, 749 F.3d 118 (3d Cr. 2014) (timely retraction) Singh v. Gonzales, 413 F.3d 156 (1 st Cir. 2005) (misrepresentation) April 15: Grounds of Deportability and Waivers for Inadmissibility 6

7 POM: Tab 12: INA 212(g), (h), (i) INA 237- peruse this section Week 13 (April 20 and 22) Representation of Family Beneficiaries in Removal Proceedings April 20: Procedures and waivers POM: Tab 13 CIS denial of I-130 and I-485; Notice to Appear (NTA) INA 237 peruse this section INA 237(a)(1)(G), (H) (marriage fraud and waiver) April 22: Removal Proceedings with pending petitions POM: Tab 13 Matter of Hashmi, 24 I&N Dec. 785 (BIA 2009) (continuance I-130) Matter of Stowers, 22 I&N Dec. 605 (BIA 1999) (continuance INA 216 waiver) April 22: Week 14 (April 27 and 29) Efficient ways of handling family petitions in a small law office Review Guest Speaker: (TBA) Efficient ways to handle family petitions in a small law office April 29 Review (come to class with questions; we will also review key concepts) **FINAL TAKE-HOME EXAM DUE: May 13 Noon** Turn in Exam to Prof. Beck in the Clinic before May 13 at Noon or come to the classroom and turn it in on May 13 at noon 7