DETAILED TABLE OF CONTENTS
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1 DETAILED TABLE OF CONTENTS PREFACE... ix SUBJECT MATTER INDEX CHAPTER 1: THE ADMINISTRATION AND DEVELOPMENT OF IMMIGRATION LAW AND IMMIGRANTS RIGHTS UNDER THE CONSTITUTION... 1 The Study of Immigration Law... 1 Agencies Involved in the Administration of the Immigration Laws... 2 A Brief History of Immigration... 4 From the Revolution to the Civil War... 4 Post Civil War... 5 Restrictionism Turn of the Century... 6 The McCarran-Walter Act of 1952 and Its Aftermath s Reform Immigration Act of Worldwide Quota, the Refugee Act, and the Select Commission (Late 1970s Early 1980s) Enforcement: IRCA and IMFA (Late 1980s) Liberal Reform (Early 1990s) Restriction AEDPA and IIRAIRA (End of the 20th Century) Human Rights and Business Efficiency (2000) Security (Post-9/11) Immigrants and the U.S. Constitution Conflicts Between Federal and State Laws: Preemption CHAPTER 2: INADMISSIBILITY, DEPORTABILITY, WAIVERS, AND RELIEF FROM REMOVAL Overview Application of the Inadmissibility and Deportability Provisions Returning Lawful Permanent Residents Parole Prehearing Detention Detention of Persons in Removal Proceedings xi
2 xii ESSENTIALS OF IMMIGRATION LAW,4TH ED. Post Removal Order Detention Alternatives to Detention Burdens of Proof Expedited Removal Regular Removal Hearing Prosecutorial Discretion Summary Removal for Non LPR Aggravated Felons Terrorist Removal Hearing Grounds of Inadmissibility/Deportability and Waivers Waiver Procedure Health-Related Grounds Criminal Grounds What Is a Conviction for Purposes of Inadmissibility and Deportability? Crimes Involving Moral Turpitude Controlled Substances Other Criminal-Related Provisions Aggravated Felony Crimes Involving Moral Turpitude Firearms Offenses Controlled Substances Other Deportable Offenses Security and Foreign-Policy Grounds Economic Grounds Immigration Law Violations Quasi-Criminal and Moral Grounds Miscellaneous Grounds Additional Relief from Removal Temporary Relief Permanent Relief CHAPTER 3: PROTECTION FROM HARM Overview The Standards of the Refugee Definition and Bars from Meeting It Refugee Procedures
3 TABLE OF CONTENTS xiii Asylum Procedures Other Legislation Affecting Asylum Withholding of Removal Convention Against Torture Temporary Protected Status (TPS) CHAPTER 4: NONIMMIGRANT VISAS: TEMPORARY ADMISSION TO THE UNITED STATES Overview Doctrine of Dual Intent Visa Application and Admission Procedure Advisory Opinions Extension and Change of Status Extension and Reinstatement of Status Change of Status Transition to Permanent Residence: Adjustment of Status Visa Waiver Program Categories of Nonimmigrant Visas Tourism B B Educational F J M Special and Family-Related Visas K Visas V Visas Work or Business B E Visas H Visas H-1B H-1C H-2A and H-2B
4 xiv ESSENTIALS OF IMMIGRATION LAW,4TH ED. H I Visas L Visas O Visas P Visas Q Visas R Visas TN Visas Law-Enforcement Related Visas S Visas T Visas U Visas Governmental or Quasi-Governmental A Visas G Visas Miscellaneous CHAPTER 5: IMMIGRANT VISAS: LAWFUL PERMANENT RESIDENCE Overview The Petition Requirement Routes to Permanent Residency Immigrant Visa Process Adjustment of Status Quotas Family-Based Immigrants Recognized Family Relationships Spouse Child Parent Sibling Preservation of Benefits for Children of Immigrants Employment-Based Immigrants Employment Preferences First Preference (EB-1) Second Preference (EB-2)
5 TABLE OF CONTENTS xv Third Preference (EB-3) Fourth Preference (EB-4) Fifth Preference (EB-5) Labor Certification Procedures Diversity Immigrants Special Relief Programs Granting Permanent Residency Visa Processing Procedures Immigrant Visa Processing Adjustment of Status Revocation of Petitions Loss of Permanent Residency CHAPTER 6: ADMINISTRATIVE AND JUDICIAL REVIEW Overview Administrative Review Admissions Process Asylum Claims to U.S. Citizenship Discretionary Relief from Removal Employment-Based Preference Petitions and Employment-Related Nonimmigrant Visa Classifications Employer Sanctions Extension of Status Family-Based Preference Petitions Labor Certification Naturalization and Revocation Nonimmigrant Change of Status Nonimmigrant Visa Petitions Overseas Visa Petitions Temporary Protected Status (TPS) Waivers Administrative Appeals Office Motions to Reopen or Reconsider Appeals to the BIA Review by the Attorney General or Secretary of Homeland Security.. 182
6 xvi ESSENTIALS OF IMMIGRATION LAW,4TH ED. Judicial Review Petitions for Review of Final Orders of Removal Review in Matters Other than Removal Matters Not Reviewable Review in Nonreviewable Matters Deference and Judicial Review CHAPTER 7: U.S. CITIZENSHIP Overview Citizenship vs. Permanent Residency Acquiring Citizenship Citizenship at Birth Citizenship through Naturalization Other Naturalization Programs Naturalization Decisions and Oath Administration Derivative Citizenship Loss of Citizenship Voluntary Relinquishment Denaturalization Citizenship Procedure Appendices Key Definitions and Concepts Abbreviations and Acronyms Immigrant Classifications and Visas Nonimmigrant Visa Classifications Conversion Table: 8 USC to INA Selected Bibliography and Electronic Resources
DETAILED TABLE OF CONTENTS
DETAILED TABLE OF CONTENTS PREFACE... ix SUBJECT MATTER INDEX... 253 CHAPTER 1: THE ADMINISTRATION AND DEVELOPMENT OF IMMIGRATION LAW AND IMMIGRANTS RIGHTS UNDER THE CONSTITUTION...1 The Study of Immigration
More informationTABLE OF CONTENTS. Foreword...v Acknowledgments...ix Table of Decisions Index...367
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More informationINDEX Abused spouses and children. See Vio- lence Against Women Act (VAWA) Addicts. See Drug abusers Adjustment of status. See also Form I-485
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