SUBJECT-MATTER INDEX IMMIGRATION PRACTICE POINTERS, ED.

Transcription

1 SUBJECT-MATTER INDEX IMMIGRATION PRACTICE POINTERS, ED. A AACRAO EDGE database degree equivalency issues, AAO. See Administrative Appeals Office Ability to pay issues Form I-140 petitions, post-filing problem areas, 284 pre-filing problem areas, resources, 283 USCIS approaches to ability to pay, 283 PERM applications, 304 AC21. See American Competitiveness in the 21st Century Act Academics and degrees. See also Degree equivalency issues; Outstanding professor/researcher legal research techniques and resources, 54 Acquisitions, corporate. See Corporate mergers, acquisitions, and restructuring Adam Walsh Child Protection and Safety Act of 2006 (AWA) generally, bar enacted by, categorical analysis, inapplicability, conviction of offense against minor, 688, 689 legislative history, 760 practice pointers and open questions, review of adverse determinations, USCIS procedures for handling petitions and exceptions, ADIS (Arrival and Departure Information System) government lookout list, 465 Adjudicator s Field Manual (AFM, USCIS) generally, Affidavits of Support, controlling authority, requirement to follow, customer service, 130, 132 denials, challenges to, 135 derogatory information in USCIS records, 136 employment-based petitions, enforceability, evidence, ensuring consideration of appropriate, exercise of discretion, enforcing limits on, 134 family-based petitions, 138 improper place of filing, rejections for, 136 interview conduct, appropriate, NOIDs, 132, 134 nonimmigrant cases, 141 refund of fees for USCIS errors, 136 RFEs, 132, standard of proof, 135 Adjustment of status generally, adjudication, 724 asylees and refugees, , consular process vs., DV lottery, fees, 723 former INA 212(c) and, 438 forms, 723 immigrant intent, interview, 724 K-1 fiancé petition, 699 K-3 visa, 700 scope, SIJS, supporting documentation, 724 timelines, 724 travel while application pending, VAWA, , 671 where to file, 724 Administrative Appeals Office (AAO) generally, 398 AC21 issues, 405 appeal strategies and alternatives, authorization, 398 certifications, 399 decisions, educational equivalency, 405 Form I-601 waivers, 404, Form I-612 waivers, jurisdiction, 399 motions to reconsider, 402 motions to reopen, 402 practice pointers, procedures for, resubmission, special appeal categories, Administrative orders of removal U visas, 653 Administrative Procedure Act (APA) complaints in U.S. District Courts based on, 317 discovery in federal court proceedings, Admissions motion to withdraw plea, Adoption citizenship, family-based immigration, , Form I-130, 673 Advanced Passenger Information System (APIS) government lookout list, Advance parole asylees departing U.S. while adjustment pending,

2 Affidavits of support Affidavits of support generally, Adjudicator s Field Manual, consent and disclosure form, domicile for, 791 ethical considerations for attorneys, exceptions to requirement for, generally, 716 ethical considerations, five percent or more rule, 718, 719 joint and substitute sponsors, RFE, avoiding, 718, 719 family-based consular processing, history of, 702 joint sponsor, , , liabilities of petitioner, household member, and joint sponsor, , public benefits, effect of receipt on, resources for, salary of petitioner, step-by-step guide to completing, supporting documents, 715 when required, AFM. See Adjudicator s Field Manual Agencies AAO appeals, candor toward tribunal, 66 delay, mandamus actions challenging, expedited naturalization of employee s spouse, 786 government lookout lists, manuals Accardi doctrine, Adjudicator s Field Manual, for customer s benefit vs. convenience of agency, enforcement of, guidelines as not enforceable, Inspector s Field Manual, internal agency directives as conferring substantive rights, Age-out children Diversity Immigrant Visa Program (DV lottery), 560 special immigrant juvenile status (SIJS), Aggravated felonies. See also Criminal convictions; Criminal prosecutions asylees and refugees and 209(c) waiver, cross-circuit conflict, 335 former INA 212(c) waivers, Nijhawan v. Holder (2009), sentence modifications, waiver under 212(h), AILA electronic resources, media, resources for responding to, Military Assistance Program (MAP), 101 Practice & Professionalism Center (PPC), pro bono opportunities, Alcoholism health-related grounds of inadmissibility, Alien Relative Petition generally, approval, denial, document requirements lawful permanent residence, 672 qualifying relationship, U.S. citizenship, 672 filing, purpose of, 672 qualifying relationships, 672, in removal, Almanza-Arenas, Matter of (9th Cir. 2009) defense arguments, update, 368 American Competitiveness in the 21st Century Act of 2000 (AC21) Administrative Appeals Office (AAO), 405 legal research techniques and resources, 53 PERM applications, Amicus briefs cross-circuit conflicts, APIS (Advanced Passenger Information System) government lookout list, Appeals Administrative Appeals Office (AAO), Courts of Appeals. See U.S. Courts of Appeals loss of nationality decisions, 883 pro bono representation, 100 transfers, Arrival and Departure Information System (ADIS) government lookout list, 465 Arriving aliens former INA 212(c) waiver, 437 Asylees and refugees. See also Asylum grounds of inadmissibility for, 439 terrorism bars, 450 travel country of claimed or feared persecution by, departing U.S. without advance parol or re-entry permit while adjustment pending, permanent residents who obtained status by asylum, 578 waiver of admissibility under 209(c), aggravated felonies, effect of, 440 grounds of inadmissibility, 439 jurisdiction, LPR, 439 standard for, 441 who may apply, 439 Asylum. See also Asylees and refugees children, country conditions, Immigration Practice Pointers ( Ed.)

3 SUBJECT-MATTER INDEX Awards derivative asylum, in absence of physical harm, disfavored groups in Ninth Circuit, 564 exhibits, 561 fear of future persecution, hypothetical case, legal arguments, 562 pattern or practice of persecution, questions at hearing, 563 legal research techniques and resources case law, 57 country conditions, legislative and administrative history, 57 nunc pro tunc applications, particularly serious crimes, 335 particular social group law, from Acosta to Matter of S-E-G, common mistakes, 572 judge or adjudicator, knowing, Matter of S-E-G, multiple social group arguments, 571 social visibility and particularity, avoiding, 572 unconventional sources, using, prolonged detention of aliens, Athletes, professional generally, B-1 visa or Visa Waiver Program (VWP), chart of visa options, coaches and support personnel, Compete Act, benefits and impact of, documents, 514 jurisdiction, 515 league letters, 514 movement between leagues and teams, 515 O-1 visa, 510, , 514 chart, P-1 visa, 510, 511, chart, practice pointers, temporary visa categories for, 510 trades, 515 try-outs, 515 waiver under INA 212(k), Attorney, right to customs border search, Attorney-client privilege compliance auditing, Attorney-client relationship dual representation. See Dual representation retainer agreements. See Retainer agreements strategic partnerships with clients, developing, attention to details about clients, 41 billing management, 40. See also Billing strategies changes or momentum shifts in business, 41 communication style, 41 feedback from clients, 42 making company contacts look good, marketing, successes, highlighting, 42 turn-around time, 41 understanding of client s goals, Attorney in foreign country. See Foreign counsel Attorney s fees billing strategies. See Billing strategies EAJA, generally, 328 deadline, 330 fees and costs, filing location, 330 net worth, 329 prevailing party status, special circumstances, 329 statutory requirements, substantial justification, 329 fee sharing and ethical considerations, foreign counsel, retainer agreements, solo law practice, 2, 5 Attrition legal support staff and associates, 14 Audits checklist to protect lawyers and clients, compliance auditing standards. See Compliance auditing standards ethical issues, Fraud Detection and National Security Division (FDNS, USCIS), site visits, visa petition revocations, by government contractors, ICE, employer and, E-Verify, Notice of Inspection (NOI), violations and interpretations, labor condition application public access file (PAF), legal research techniques and resources, 56 Australia E-3 temporary entry for nonimmigrant professionals, Automatic stay in absentia order of removal, challenges to, , 351 VAWA, 661 Automatic termination of conditional resident status. See Form I-751 petitions Awards extraordinary ability, 232, 286 Published by the American Immigration Lawyers Association 901

4 B-1 visas B B-1 visas athletes, professional, 51, trainees, BALCA. See Board of Alien Labor Certification Appeals Bar association help-lines pro bono representation, 100 Battered spouse or child. See also Domestic violence conflicts of interest, Form I-751 petitions, 589 VAWA. See Violence Against Women Act Benefit Fraud Compliance Assessment (BFCA) H-1B visas, BIA. See Board of Immigration Appeals Billing strategies. See also Attorney s fees generally, 43 allocation of risk, 46 alternative billing arrangements, change orders, 47 client management and, 40 communication with clients, disclosure of fees and rates, 44 flat fees, 46 modification of fee agreement, 47 pricing structure, retainer agreements. See Retainer agreements solo law practice, 2, 5 task-based billing, 46 working for free, avoiding, Birth certificate, delayed U.S. citizens with problem cases, Blogs advantages and disadvantages of, lawyer blogs, posting on, starting, 24 syndication, 26 Board of Alien Labor Certification Appeals (BALCA) degree equivalency specifications, 224, review of mistakes in PERM cases, generally, employer identification in recruitment material, 308 Kellogg language, prevailing wage issues, procedural vs. substantive error, Board of Immigration Appeals (BIA) pro bono representation, 100, 101 unauthorized practice of law, motions to reopen, motions to terminate, Bond release from detention. See Release from detention voluntary departure, 602 Branding in law practice, Burden of proof Adjudicator s Field Manual, 135 Notice to Appear (NTA), challenges to, preponderance of evidence, 135 Burglary in California, 394 Business plan solo law practice, 1 2 C California burglary, 394 Campus recruitment PERM, 296 Canada. See also NAFTA same-sex marriage, 631, TCN processing in, , TN status. See TN (Trade NAFTA) status U.S. immigration laws compared, case studies, Cancellation of removal imputation of parent s residence to unemancipated minor child, VAWA, , 670 Cap gap described, extension, Case law legal research techniques and resources, 57 Case management systems solo law practice, 3 4 CAT. See Convention Against Torture claims Categorical approach criminal convictions, Certificate of acquiring company name sample, 185 Certificate of Citizenship U.S. citizens with problem cases, Change of address F-1 students, 172 Change of status travel while application pending, Checklists audits, corporate acquisitions, 185 EB-5 visas, regional EB-5 program, Child abuse Nijhawan approach and, 393 Children adoption, 673, , age-out, 560, Alien Relative Petition. See Alien Relative Petition asylum, 734 AWA. See Adam Walsh Child Protection and Safety Act of Immigration Practice Pointers ( Ed.)

5 SUBJECT-MATTER INDEX Compliance auditing standards citizenship acquisition at time of birth, , adoption, derivation subsequent to birth, derivative, 730 under INA 320 and 322, surrogacy issues, U.S. citizenship of one or both parents and birth occurred in wedlock, conviction of offense against minor, 688, 689 CSPA. See Child Status Protection Act custody issues, 543 derivative asylum, derivative citizenship, 730 detained unaccompanied minors, 666 fiancé petitions, 731 immediate relative status, 730 legitimation, 730 nonimmigrant visas based on employment, exchange program and study, 731 permanent bar, 735 preference change and, priority date retention, special immigrant juvenile status. See Special immigrant juvenile status stepchildren, 730 surrogacy issues, temporary Protected Status (TPS), 734 unlawful presence, 735 VAWA. See Violence Against Women Act Child Status Protection Act (CSPA) generally, , age calculation, age-out children, 560 automatic conversion clause, effective date of, freezing age of immediate relative, 730, nunc pro tunc applications and, travel while applications or petitions pending, 490 Chile H-1B1 temporary entry for nonimmigrant professionals, Circuit courts, federal. See U.S. Courts of Appeals CIS Ombudsman religious workers, Citizenship children acquisition at time of birth, , adoption, derivation subsequent to birth, derivative, 730 under INA 320 and 322, surrogacy issues, U.S. citizenship of father when birth occurred out of wedlock, U.S. citizenship of mother when birth occurred out of wedlock, 776 U.S. citizenship of one or both parents and birth occurred in wedlock, expatiation. See Expatriation good moral character. See good moral character identification of appropriate individuals, short guide for, revocation, discovery in, U.S. citizens with problem cases, generally, 779 background, midwife and delayed birth certificate cases, undocumented clients with acquired or derivative citizenship, Citizenship Day AILA pro bono opportunities, 101 CLASS (Consular Lookout and Support System) government lookout list, 465 Client satisfaction marketing and, 19 Coaches and athlete support personnel visa issues, Communicable diseases health-related grounds of inadmissibility, 408 HIV positive foreign nationals, , 630, Communication issues attorney-client relationship, 41 billing strategies, practitioner mistakes, style of, 41 Companies and other organizations deferred prosecution agreements. See Deferred prosecution agreements enforcement preparedness policies. See Enforcement preparedness policies mergers, acquisitions, and restructuring. See Corporate mergers, acquisitions, and restructuring Compete Act of 2006 athletes, professional, 514 Competence in representation pro bono clients, Complaints in U.S. District Courts, drafting effective, Compliance auditing standards generally, attorney-client and work product privileges, benefits to employer and public, components, anti-discrimination audits, 835 employer compliance program audits, 834 external Form I-9 audits, 834 liability audits, future legislation, effect on, 836 legal reasons for, 833 need for, Published by the American Immigration Lawyers Association 903

6 Compliance policies, corporate. See Enforcement preparedness policies Compliance policies, corporate. See Enforcement preparedness policies Conditional resident proceedings. See Form I-751 petitions; Marriage Conflicts of interest. See also Dual representation in continuation of representation of client, 67 pro bono representation generally, 111 dual representation, 112 ethical basis for handling conflicts, with existing clients during limited assistance clinics, spouses, Constitutional rights in criminal justice system, Consular Lookout and Support System (CLASS) government lookout list, 465 Consular processing generally, 524 adjustment of status vs., attorney accountability, generally, application and interview, practice tips, 528 preparation of application, visa denial, 527 consular officer accountability, E visa applications in London, 528 family-based, affidavit of support, child custody issues, 543 consulate appointments and processing times, 542 denials, 543 direct filing, 540, documents, 539, NVC, process of, 541 immigrant intent, immigrant visa applicants, definition, 533 documents at interview, eligibility, entry into U.S., filing considerations, interview, questions at interview, waiver of admissibility, 537 inadmissibility determinations, challenges to, foreign law, initial considerations, IV waivers, post-specific information, 492 preparation for submission and adjudication abroad, K-1 fiancé petition, K-3 visa, 700 SAOs, special consideration for, TCN processing in Mexico and Canada, , Content syndication blogs, 26 Continuance, motions for generally, Form I-130, 357, Form I-140 petitions, U visas, 651 Continuous residence or physical presence. See also specific type of visa EB-5 visa holders and LPR, imputation of parent s residence to unemancipated minor child, naturalization, trafficking victims, 641 Convention Against Torture (CAT) claims generally, BIA s decision in Matter of J-E-, government acquiescence requirement, willful acceptance vs. willful blindness, circuit jurisprudence, Cooperation requirement trafficking victims, Corporate immigration compliance policies enforcement preparedness policies. See Enforcement preparedness policies Corporate mergers, acquisitions, and restructuring generally, 179 certificate of acquiring company name, 185 checklist for acquiring company, 185 due diligence questions, green card process, effect of corporate changes on, layoffs and downsizing, 184 LCA public access file (PAF), 212 nonimmigrant visas, effect of corporate changes on, E-1/E-2 workers, 182 F-1 visas, 182 H-1B and E-3 workers, J-1 visas, 182 L-1 workers, 182 O-1 visas, 182 TN visas, 182 types of changes affecting employer s immigrationrelated liability, Corporate structure solo law practice, 1 Counsel, right to customs border search, Country conditions extreme hardship defined, CPT (curricular practical training) generally, Immigration Practice Pointers ( Ed.)

7 SUBJECT-MATTER INDEX Denials Crimes of moral turpitude (CMT) Almanza-Arenas, Matter of (9th Cir. 2009), Chevron issues, 397 Nijhawan approach and, sentence modifications, 817 Crime victims. See also Trafficking victims; T visas; U visas post-conviction relief, 825 Criminal convictions. See also specific offenses AWA. See Adam Walsh Child Protection and Safety Act of 2006 categorical approach, under divisible statute, 380, former INA 212(c) waivers, Form I-601 waivers, immigration attorney as strategist in criminal case, exercise of constitutional rights with ICE, hour detainers and pre-trial bond, 811 mandatory immigration detention and relief from removal, 812 plea negotiations, legal research techniques and resources, evaluating consequences of criminal convictions, immigration court procedures, removal, 61 marriage fraud, 687 missing element rule, motion to withdraw plea, Nijhawan v. Holder (2009), post-conviction relief. See Post-conviction relief practice tips for immigration and criminal defense counsel, domestic violence offense, caution in dealing with, loss to victim, theft vs. fraud offenses, waiver under 212(h), Criminal prosecutions constitutional rights in criminal justice system, Fifth Amendment, 810 Fourth Amendment, motions to suppress, Sixth Amendment, 810 immigration attorney as strategist in criminal case, exercise of constitutional rights with ICE, hour detainers and pre-trial bond, 811 mandatory immigration detention and relief from removal, 812 plea negotiations, overview, 806 procedure of, appeals and post-conviction relief, 809 arraignment, 808 arrest, filing of charges, 807 first appearance or arraignment, 807 jail and booking, 807 motions hearing, plea negotiations, 808 preliminary hearing, trial and sentencing, 809 Cross-circuit conflicts U.S. Courts of Appeals, Cuban Adjustment Act battered spouse or child, exceptions under, 671 Curricular practical training (CPT) generally, 168 Customs and Border Protection (CBP) derogatory information and correction of records, 146 Inspector s Field Manual, derogatory information and correction of records, 146 fraud and misrepresentation as grounds for expedited removal during admission process, 147 nonimmigrant status, Trade NAFTA employment issues, Customs border search generally, challenges to search, definitions, right to counsel, scope of search, substantive rights of parties, withdrawal of application of admission, DACS (Deportable Alien Control System) government lookout list, 465 Dada v. Mukasey (2008) voluntary departure after, Death and disability planning solo law practice, Deferred action generally, application for, Deferred prosecution agreements (DPAs) generally, basics of, how to obtain, Degree equivalency issues Administrative Appeals Office (AAO), 405 legal research techniques and resources, 54 PERM requirements, 224, 225, practice pointers, Denaturalization discovery in, Denials See also specific visas and procedures D Published by the American Immigration Lawyers Association 905

8 Department of Homeland Security s Travel Redress Inquiry Program (DHS TRIP) Adjudicator s Field Manual and challenges to, 135 Department of Homeland Security s Travel Redress Inquiry Program (DHS TRIP) government lookout lists, Deportable Alien Control System (DACS) government lookout list, 465 Deportation motions to reopen, U visas, 650 Derivative beneficiaries priority date retention, Derivative citizenship children, 730 Derogatory information Inspector s Field Manual, 146 in USCIS records, 136 Detention criminal prosecutions, 812 pro bono representation, 100 prolonged detention of aliens, release from detention, unaccompanied minors, 666 DHD TRIP (Department of Homeland Security s Travel Redress Inquiry Program) government lookout lists, Direct filing family-based consular processing, 540 Disability planning solo law practice, Discovery in federal court proceedings, APA actions, decision to use discovery, 367 denial of naturalization and revocation of citizenship, FOIA actions, 363 habeas corpus petitions, 363 initial disclosures, 364 mandamus actions and INA 336(b) challenging agency delay, motions, 323 motion to compel, Rule 16(b) conference, 365 Rule 26(f) conference, 364 rules governing, 360 scheduling report/discovery plan, step-by-step guide to, types of lawsuits, written discovery, interrogatories, 366 motion to compel, requests for admission, requests for production of documents, 365 U.S. District Courts motion practice, 323 VAWA, disclosure of criminal background of petitioner under, Discretion, exercise of Adjudicator s Field Manual, 134 Discrimination anti-discrimination audits, 835 legal research techniques and resources, 55 District courts. See U.S. District Courts Diversity Immigrant Visa Program (DV lottery) generally, eligibility requirements, education or work experience, foreign state chargeability, 554 history of, 553 obstacles to obtaining permanent residence, adjustment problems, age-out children, 560 inaccuracies in initial DV registration, 556 inadmissibility issues, 557 timing issues, Divisible statutes criminal convictions, 380, DOL. See Labor, Department of Domestic violence. See also Battered spouse or child Nijhawan approach and, 394 practice tips for immigration and criminal defense counsel, VAWA. See Violence Against Women Act Downsizing nonimmigrant visas, effect on, 184 Drug abuse and addiction health-related grounds of inadmissibility, 410 Drug offenses Form I-601 waivers. See Form I-601 waivers waiver under 212(h), Drunk driving incidents health-related grounds of inadmissibility, security advisory opinions (SAOs), 549 Dual intent U.S. and Canadian immigration laws compared, 887 Dual representation generally, pro bono representation, 112 Due diligence EB-5 visas, immigration and workplace enforcement question, regional EB-5 program, DUI (driving under influence) arrests and convictions health-related grounds of inadmissibility, security advisory opinions (SAOs), 549 DV lottery. See Diversity Immigrant Visa Program E E-1 treaty traders generally, corporate changes, effect on, 182 marginality, Immigration Practice Pointers ( Ed.)

9 SUBJECT-MATTER INDEX Employment verification Mexican nationals, 178 new office E visas, 274 substantiality, E-2 treaty investors generally, corporate changes, effect on, 182 L and E specialized knowledge/essential skills comparison, marginality, Mexican nationals, 178 new office E visas, 274 substantiality, 274 E-3 visas corporate changes, effect on, specialty workers from Australia, spouse and dependents, 176 Earned income credit (EIC). See Tax issues EB-1 visas (extraordinary ability). See also Extraordinary ability generally, 230 Kazarian v. USCIS (9th Cir. 2010), , 240, 288 legal research techniques and resources, 54 recent history of adjudications, participation as judge of others work, , published material, 233 receipt of lesser prizes or awards, 232 submission of comparable evidence if standards not readily applicable, EB-1-1 visas investors, 265 EB-1-3 visas investors, 265 EB-2 visas degree equivalency specifications, , 227 EB-5 visas, choosing between other options, 264 investors, 262 legal research techniques and resources, 54 PERM requirements, 225 EB-3 visas degree equivalency specifications, 226 EB-5 visas, choosing between other options, 264 legal research techniques and resources, 54 EB-5 visas generally, 250 Accredited Investor Questionnaire and Statement, 254 application process, 251 choosing between EB-5 and other options, , due diligence checklist, eligibility, individual programs vs. regional centers, 252 issues and problems in removal of conditions, 253 LPR status, maintaining for, proof of continued residency, qualifications, reality of investor s experience, 269 reentry permits, regional centers, choosing, 252 due diligence checklist, individual programs vs., 252 risks, 253 Economic downturns layoffs and downsizing, 184 marketing in, 22 EIC (earned income credit). See Tax issues Electronic filing U.S. Courts of Appeals, 315 Electronic research resources generally, Employ American Workers Act of 2009 (EAWA) labor condition applications (LCAs), , 202 Employee incentive programs PERM recruitment, 296 Employee referral program PERM recruitment, 295 Employees in law office. See Legal support staff and associates Employer compliance compliance auditing standards. See Compliance auditing standards enforcement preparedness policies. See Enforcement preparedness policies legal research techniques and resources, Employment authorization private bills, 628 Employment-based immigration Adjudicator s Field Manual, children, 731 government lookout lists, 463 portability of priority dates under 8 CFR 204.5(e), proffered wage, ability to pay, Schedule A, Group II occupations, waiver under INA 212(k), Employment verification civil liability, IIRAIRA 411, Virtue Memo, and good faith defense to technical/procedural errors, other affirmative defenses, practice pointers, regulatory mitigating factors, statute of limitations, steps for practitioners, enforcement preparedness policies. See Enforcement preparedness policies I-9 forms audits, 56, 834, civil liability practice pointers, corporate changes, effect on, inspections, 843, 849 legal research techniques and resources, 55, 56 Published by the American Immigration Lawyers Association 907

10 En banc review suspect documents, knowledge requirement, En banc review cross-circuit conflicts, ENFORCE/IDENT (Enforcement Operational Immigration Records/Automated Biometric Identification system) government lookout list, Enforcement preparedness policies generally, frequently asked questions, government agencies that conduct investigations, 843 increased enforcement, 842 investigation response protocol, 843 program elements, response plan, 845 sample, response team, status quo, 842 types of investigations, DOL investigations, 844, 852 FDNS investigations, 844, 850 I-9 inspections, 843, 849 ICE worksite raids, 844, 851 Engagement agreements and letters audits, preparing for, 188 ethical issues, pro bono clients, Entry of appearance pro bono representation, , 122 U.S. Courts of Appeals, 316 EOIR. See Executive Office for Immigration Review Equal Access to Justice Act (EAJA) attorney s fees, Equivalence of foreign educational degrees. See Degree equivalency issues Ethical issues affidavits of support, audits, candor toward tribunal, 66 communication with client, conflicts of interest. See Conflicts of interest EOIR rules governing professional conduct, ex parte communications, fee sharing and ethical considerations, foreign counsel, New York ethical rules, practitioner mistakes, pro bono representation, 109 representation agreements, solo law practice, 5 Third Country National (TCN) processing, unauthorized practice of law. See Unauthorized practice of law website, 69 E-Verify audits and, legal research techniques and resources, 56 use of, 463 Evidence Adjudicator s Field Manual, discovery. See Discovery motions. See specific motions E visas London, applications in, 528 Exceptional ability. See Schedule A, Group II occupations Exceptional circumstances cases in absentia order of removal, Exchange visitors interested government agency waivers. See Interested government agency (IGA) waivers two-year rule, Executive Office for Immigration Review (EOIR) defensive strategies to EOIR forum selection, 333 free legal service providers, list of, 85 notice of entry of appearance requirement, , 122 pro bono legal services, guidelines for facilitation of, generally, 121 access to respondent information, 124 appearance by telephone or video conference, 123 courtroom practices, definition of pro bono, 121 legal orientation and group rights presentations, pre-hearing statements and conferences, 123 pro bono liaison judge and committee, scheduling of cases, 123 self-help legal materials, 124 training for counsel, 122 professional conduct, rules governing, unauthorized practice of law, EOIR Notices and Fraud and Abuse Program, list of free legal service providers, 85 Exhaustion requirement U.S. District Courts complaints, 318 Ex parte communication immigration judges, U.S. District Courts, 322 Expatriation generally, HEART legislation, exit tax for covered expatriates, generally, inheritance tax for U.S. beneficiaries of covered expatriates, 885 planning considerations, loss of U.S. citizenship and nationality, appealing loss of nationality decisions, 883 DOS references for citizenship, 883 relinquishment of U.S. citizenship, renunciation of U.S. citizenship, Immigration Practice Pointers ( Ed.)

11 SUBJECT-MATTER INDEX Fees. See also Attorney s fees Expedited removal fraud and misrepresentation as grounds for, 147 Expert letters extraordinary ability, 289 Extension of status. See also specific types of visas improper RFEs, avoiding, 134 travel, while petition pending, Extraordinary ability. See also EB-1 visas awards and memberships, 286 client counseling, 292 evidence that client judges work of others, expert letters, 289 legal research techniques and resources, 54 NIW considerations, 290 original or scholarly research contributions, preliminary analysis, 286 preparing packet, published material about client s work, 233, , 288 RFEs, responding to, 291 Extreme hardship conditional residence joint petitions and waivers, 694 Form I-601 waivers. See Form I-601 waivers Form I-751 petitions, 589 F F-1 students cap gap, corporate changes, effect on, 182, 183 optional practical training, 169 employment, information reporting requirements by student, 172 STEM extension, 170 False statements. See Fraud and false statements Family-based immigration Adjudicator s Field Manual, 138 affidavits of support. See Affidavits of support Alien Relative Petition. See Alien Relative Petition AWA. See Adam Walsh Child Protection and Safety Act of 2006 battered spouse or child. See Battered spouse or child children-related issues, See also Children conflicts of interest, consular processing, legal research techniques and resources, marriage. See marriage priority date retention, spouses, conflicts of interest, surrogacy issues, waiver under INA 212(k), FDNS. See Fraud Detection and National Security Division (USCIS) Fed. R. Civ. P. 12(b) U.S. District Courts motion practice, 322 Fed. R. Civ. P. 12(b) (1) U.S. District Courts motion practice, 324 Fed. R. Civ. P. 12(b)(6) U.S. District Courts motion practice, 325 Fed. R. Civ. P. 56 U.S. District Courts motion practice, Federal courts. See also U.S. Courts of Appeals; U.S. District Courts AAO appeals, 403 attorney s fees and EAJA, generally, 328 deadline, 330 fees and costs, filing location, 330 net worth, 329 prevailing party status, special circumstances, 329 statutory requirements, substantial justification, 329 discovery in, APA actions, decision to use discovery, 367 denial of naturalization and revocation of citizenship, FOIA actions, 363 habeas corpus petitions, 363 initial disclosures, 364 mandamus actions and INA 336(b) challenging agency delay, motion generally, 322 motion to compel, Rule 16(b) conference, 365 Rule 26(f) conference, 364 rules governing, 360 scheduling report/discovery plan, step-by-step guide to, types of lawsuits, written discovery, final order of removal, challenging in U.S. Court of Appeals, injunctions, Notice to Appear, challenges to. See Notice to Appear (NTA) practice in, prolonged detention of aliens, U.S. District Courts, litigating immigration cases in, Federal Employer Identification Number (FEIN) LCA denials, 193 verification of, 193 Federal Reserve Act (FRA) Section 13, labor condition applications (LCAs), 192, , 202 Federal Rules of Appellate Procedure (FRAP) generally, Fees. See also Attorney s fees immigrant visa applicants, 535 motion to reopen, 346, 351 Published by the American Immigration Lawyers Association 909

12 Fiancé petition. See K-1 fiancé petitions petition for review (PFR) in Court of Appeals, filing, 316 refund of fees for USCIS errors, 136 Third Country National (TCN) processing, 547 VAWA, Fiancé petition. See K-1 fiancé petitions Fifth Amendment criminal prosecutions, 810 Filing procedures incorrect office, rejection of filings to, 136 Final agency action U.S. District Courts complaints, 318 Final order of removal challenging in U.S. Court of Appeals, Foreign counsel generally, 74 engagement of, fee sharing and ethical considerations, global organizations and web resources, level of involvement of, 77 quality control, Foreign travel. See Travel Former INA 212(c) waivers generally, 434 adjustment of status and, 438 applicability, application for, 438 deportability and inadmissibility, as stand-alone form of relief, Form ETA 9035 preparation and tips, Form ETA 9089 preparation and tips, Schedule A, Group II occupations, 246 Form ETA 9141 preparation and tips, Form I-9. See Employment verification Form I-94 based on passport expiration date, 144 Inspector s Field Manual, 144 Form I-129 H-1B visas, Form I-130. See Alien Relative Petition Form I-140 petitions ability to pay issues, post-filing problem areas, 284 pre-filing problem areas, resources, USCIS approaches to, 283 Form I-360 self-petition. See Violence Against Women Act Form I-360 SIJS petition. See Special immigrant juvenile status Form I-601 waivers appeal of denials, 404, availability, consular processing, extreme hardship defined, , procedure, qualifying relative, 423, 433 waiver, Form I-612 waivers Administrative Appeals Office (AAO), Form I-730 derivative asylum status, Form I-751 petitions generally, automatic termination of conditional resident status, 589 conditional residents, refiling, continuance while USCIS adjudicates, 592 grounds for removal associated with termination of conditional residence, 590 immigration court jurisdiction, never filed prior to removal proceedings, 592 other relief, in removal proceedings, travel, unlawful presence, Form I-862. See Notice to Appear (NTA) Form I-864. See Affidavits of Support Fourth Amendment criminal prosecutions, Fraud and false statements checklist to protect lawyers and clients during audits, Fraud Detection and National Security Division, good moral character, bar to, as grounds for expedited removal during admission process, 147 inadmissibility, Inspector s Field Manual, 147 marriage fraud. See Marriage New York ethical rules, duration of obligation, EOIR rules governing professional conduct, Rule 3.3, practice tips for immigration and criminal defense counsel, waivers INA 212(k), INA 237(a)(1)(H), Fraud Detection and National Security Division (FDNS, USCIS) checklist for, government contractors and, investigations by, 844, 850 site visits, visa petition revocations, Freedom of Information Act (FOIA) discovery in actions under, 363 government lookout lists, Immigration Practice Pointers ( Ed.)

13 SUBJECT-MATTER INDEX Human trafficking. See Trafficking victims Free legal service providers EOIR list of, 85 G visas children, 731 Germany U.S. immigration laws compared, case studies, Good moral character false statements as bar to, sentence modifications, 817 VAWA self-petitioner, Government agencies. See Agencies Government lookout lists generally, employment-related situations, 463 by federal agencies, immigration and passenger screening lookout lists, Privacy Act, response times and processing procedures, system use, tips for challenging and remedies, travel, visa processing and applications, 462 Green cards continuous residence or physical presence, corporate changes, effect on, G H H-1B visas acquisitions, corporate, 185 audits, Benefit Fraud Compliance Assessment (BFCA), cap gap, corporate changes, effect on, , 185 extension petitions, , FRA, Section 13, 192, , 202 labor condition applications. See Labor condition applications (LCAs) layoffs and downsizing, 184 legal research techniques and resources AC21, 53 cap-exempt to cap-subject employment, 53 off-site employment in IT industry, Neufeld Memorandum, roving employees, 152 visa extensions, prevailing wage, site visits, TARP and, 192, , 202 third-party worksites, generally, extension petitions, interrelated changes to Form I-129, long-term/permanent off-site employment, long term-placement, Neufeld Memorandum, temporary/occasional off-site employment, traditional employment, H-1B1 visas specialty workers from Chile and Singapore, H-3 trainee visas generally, B-1 visas in lieu of, H-4 visas spouse and dependents, 176 Habeas corpus petitions defensive strategies to ICE forum selection, 332 discovery in, 363 U.S. District Courts, Haiti earned income credit for TPS applicants, 804 Haitian Refugee Immigration Fairness Act of 1998 (HRIFA) battered spouse or child, exceptions under, 671 Health-related grounds of inadmissibility generally, conditions covered, communicable diseases of public health significance, 408 physical or mental disorders under INA 212, HIV positive foreign nationals, , 630, related grounds of inadmissibility, waiver of inadmissibility under 212(g), Heroes Earnings Assistance and Relief Tax Act of 2008 (HEART) exit tax for covered expatriates, HIV positive foreign nationals bar to admission, removal of, , 630, Homeland Security, Department of CIS Ombudsman, NTA. See Notice to Appear Home raid suppression motions generally, Human resource compliance requirements solo law practice, 4 5, 7 Human trafficking. See Trafficking victims Published by the American Immigration Lawyers Association 911

14 IAFIS (Integrated Automated Fingerprint Identification System) I IAFIS (Integrated Automated Fingerprint Identification System) government lookout list, 466 ICE. See U.S. Immigration and Customs Enforcement icert system Form ETA 9035, Form ETA 9089, Form ETA 9141, labor condition applications, , 194, 196 prevailing wage determinations, 463 IFM. See Inspector s Field Manual (CBP) Immigrant intent generally, Immigrant investor category EB-5 visas. See EB-5 visas U.S. and Canadian immigration law compared, 889 Immigrant visa applicants. See also specific visa types consular processing, Diversity Immigrant Visa Program (DV lottery), Immigration court actions to protect client, 585 candor toward tribunal, 66 dealing with difficult judges, domineering judges, ex parte communications, jurisdiction, Form I-751 petitions, legal research techniques and resources procedures, marriage fraud charge before, procedures in, Improper place of filing rejections for, 136 In absentia order of removal. See Removal Informants and crime victims post-conviction relief, 825 In-house counsel pro bono representation, 100 Injunctions federal courts, whom to sue, 319 Inspector s Field Manual (IFM, CBP) generally, derogatory information and correction of records, 146 fraud and misrepresentation as grounds for expedited removal during admission process, 147 nonimmigrant status, Trade NAFTA employment issues, Insurance, malpractice. See Malpractice Intake process audits, preparing for, 188 Integrated Automated Fingerprint Identification System (IAFIS) government lookout list, 466 Interested government agency (IGA) waivers generally, agency differences in, 522 commonalties, establishment of government interest, procedure for, International Marriage Broker Regulation (IMBRA) disclosure of criminal background of petitioner under, International scholars legal research techniques and resources, 54 Internet. See also Technology AILA electronic resources, blogs. See Blogs foreign counsel, practitioner mistakes, 69 Interrogatories discovery, 366 Interviews. See also specific visas Adjudicator s Field Manual, enforcement of appropriate conduct via, Investigation response protocol, corporate. See Enforcement preparedness policies Investors. See E-2 treaty investors; EB-5 visas IT industry off-site employment H-1B visas, L-1 visas, J J-1 visas generally, 505, , 519 children, 731 interested government agency waivers. See Interested government agency (IGA) waivers two-year rule, 519 Jurisdiction and venue Administrative Appeals Office (AAO), 399 athletes, professional, visas for, 515 cross-circuit conflicts, defensive strategies to ICE forum selection, 332 Immigration Court, Form I-751 petitions, U.S. Court of Appeals, U.S. District Courts, waiver of admissibility under 209(c), Justice, Department of (DOJ) deferred prosecution agreements. See Deferred prosecution agreements (DPA) K K visas vaccination requirements, 414 K-1 fiancé petitions generally, 697 adjustment of status, 699 authority and evidence required, Immigration Practice Pointers ( Ed.)

15 SUBJECT-MATTER INDEX Lawful permanent residents (LPRs) children of fiancé, 731 consular processing, procedure, 698 timing issues, 697 K-2 visas children, 731 legal research techniques and resources, K-3 visas generally, 699 adjustment of status, 700 authority and evidence required, 700 consular processing, 700 procedure, 700 timing issues, 699 Kazarian v. USCIS (9th Cir. 2010) EB-1 visas (extraordinary ability), , 240 publication standard, 288 Know your rights (KYR) sessions pro bono representation, 100, Kroll Government Services audits by, L L-1 Visa Reform Act of 2004 generally, L-1 visas generally, beneficiary s knowledge of company processes and procedures, 280 of company products, of company s position in international markets, 280 blanket petition, corporate changes, effect on, 182 denial, 280 hurdles for L-1 new businesses, overcoming, L-1A executive/manager, L-1A RFEs, avoiding, 277 L-1B RFEs, avoiding, L and E specialized knowledge/essential skills comparison, off-site employment, process, 176, 177 withdrawal of NAFTA petitions in lieu of denial, Labor, Department of (DOL) investigations, 844, 852 labor condition applications. See Labor condition applications (LCAs) National Prevailing Wage and Helpdesk Center (NPWHC), 194, 209, 210, prevailing wage, Schedule A, Group II occupations, Labor certification waiver under INA 212(k), Labor condition applications (LCAs) delays and denials FEIN denials, 193 traditional grounds for, 194 wage source issues, emerging issues in, Form ETA 9035, Form ETA 9089, Form ETA 9141, layoffs and downsizing, 184 prevailing wage issues, benchmarks, setting, 209 lawyer s role in establishing required wage, private surveys, 210 safe harbor, 209 public access file (PAF), additional documentation requirement, 213 change in corporate structure, 212 changes in actual wage, 212 documentation in, 211 layer s role in preparation of, 213 notice and posting, privacy considerations, 211 retention, roving employees, multiple locations, working in, 196 multiple-slot LCAs, new unanticipated work sites after I-129 filed, 196 non-worksite locations, 195 short-term placement rule, 195 TARP and Section 13, visa petition revocations, 190 Wage and Hour investigations, generally, , 208, 843 Administrator, Wage & Hour Div. v. Itek Consulting, Inc., Administrator, Wage & Hour Div. v. Pegasus Consulting Group, 207 benching, 204 bona fide termination, 204 ciivil penalties, compliance, 207 date on which employment commenced and terminated, Dongsheng Huang v. Ultimo Software Solutions, Inc., 205 failure to comply with H-1B dependency requirements, failure to pay required wage, 199 failure to provide notice of filing, improper deductions, recent cases, response plan, 852 Law enforcement trafficking victims, unauthorized practice of law and, Lawful permanent residents (LPRs) Alien Relative Petition, 673 Published by the American Immigration Lawyers Association 913