Overview of Immigration and the Law
|
|
- Ashlee Wiggins
- 6 years ago
- Views:
Transcription
1 A GUIDE FOR IMMIGRATION ADVOCATES 20 TH EDITION TABLE OF CONTENTS A Guide for Immigration Advocates Unit One Overview of Immigration and the Law 1.1 A Nation with Borders Who Is a Citizen? Who Is an Alien? The Grounds of Inadmissibility What Can Happen to an Alien Who Is Inadmissible? The Grounds of Deportability What Can Happen to an Alien Who Is Deportable? Removal Proceedings: Admissibility, Deportability, Burden of Proof and Expedited Removal What Is a Lawful Permanent Resident? An Alien Who Is Inadmissible May Not Be Able to Immigrate; Waivers of Inadmissibility Immigration through a Family Visa Petition INA 203, Asylum: INA Refugee Status: INA Registry: INA Amnesty: The Legalization and SAW Programs INA 245A, Cancellation of Removal for Non-Permanent Residents INA 240A(b) Immigration Status Applicants for Lawful Status Undocumented Immigrants What Is DHS? The Structure of the DHS Immigration Agencies USCIS, ICE & CBP Offices and the Saga of the A-File How Does a Field Office Work? Immigration Court and the BIA: The Executive Office for Immigration Review The INA Agency Regulations Appendix 1-A Answers to Exercises Appendix 1-B Flowchart: United States Department of Homeland Security Appendix 1-C Student Work-Sheet for Role-Plays #1 and #2 Appendix 1-D List of Non-Immigrant Visas Unit Two The Advocate/Client Partnership and Interviewing Skills 2.1 The Advocate/Client Partnership: What s in It for Us? Creating a Partnership with Our Clients Table of Contents-1
2 Immigrant Legal Resource Center 2.3 Building and Presenting a Case in Partnership with Our Clients The Client Meeting: Interviewing and Counseling Clients Appendix 2-A Appendix 2-B Unit Three Annotated Client Interview Checklist Sample Client Intake Form Grounds of Inadmissibility and Deportability 3.1 Overview of Admissibility, Deportability, Admission and Removal Health-Related Grounds: Communicable Diseases, Required Vaccinations Dangerous Disorders and Addiction and Abuse Alien Smuggling: Grounds of Inadmissibility and Deportability Fraud and Misrepresentation Document Fraud: Ground of Inadmissibility and Deportability Insufficient Documentation False Claim to U.S. Citizenship Likely to Become a Public Charge Terrorists, Draft Dodgers, Unlawful Voters, Stowaways, Polygamists Entry, Admission and Effective Dates Unlawfully Present in the United States without Being Admitted or Paroled Three- and Ten-Year Bars for Those Unlawfully Present Who Depart and Then Apply for Admission and the Family Hardship Waiver Permanent Bar to Persons Who Were Unlawfully Present for More than One Year or Were Ordered Removed and Who Enter or Attempt to Enter without Being Admitted Failure to Attend Removal Proceedings Past Removal or Deportation/Exclusion Reinstatement Grounds of Deportability (Except Those Related to Crimes) Clients with Criminal Records What Is a Criminal Conviction? What Evidence Can the DHS Submit to Show a Conviction? What Is a Sentence for Immigration Purposes? How to Analyze a Past Conviction: The Categorical Approach Overview of Immigration Consequences of Crimes Inadmissibility and Deportability Based on Drug Offenses Crimes Involving Moral Turpitude The Crime of Moral Turpitude Ground of Inadmissibility, Including the Petty Offense and Youth Exceptions The Moral Turpitude Ground of Deportability Firearms Offenses Aggravated Felonies Domestic Violence, Stalking, and Child Neglect, Abuse or Abandonment Table of Contents-2
3 A Guide for Immigration Advocates 3.31 Other Grounds: Prostitution, Two Convictions with Five Year Sentence Imposed, Alien Trafficking, Money Laundering, High- Speed Flight from Immigration Clearing Up a Criminal Record The Good Moral Character Requirement Appendix 3-A Appendix 3-B Appendix 3-C Appendix 3-D Appendix 3-E Appendix 3-F Appendix 3-G Appendix 3-H Unit Four Answers to Exercises Chart of Grounds of Inadmissibility, Deportability, Good Moral Character Form I-864P Poverty Guidelines Instructions for Obtaining Criminal Record Checks and Requests for Criminal Records Unpublished BIA Case on False Claim to U.S. Citizenship Dated October 27, 2008 USCIS Vaccination Requirements Charts on the Three & Ten Year Bars USCIS Public Charge Fact Sheet Family Visas: Qualifying Family Relationships Eligibility for Visas and the State Department Visa Bulletin 4.1 Overview of the Family Immigration Process: A Two-Step Process The Immediate Relative Category and the Definition of Child and Spouse K Visa Petitions under the Preference System: Definition of Siblings and Sons and Daughters The Preference Categories Derivative Beneficiaries How the Preference System Works Using the State Department Visa Bulletin to Make an Estimate of When Your Client Can Immigrate Advising Your Client about When a Visa May Become Available Child Status Protection Act (CSPA) The V Nonimmigrant Visa When Is a Visa Petition Terminated or No Longer Valid? Diversity Immigrants, Employment Visas, and Children in Juvenile Court Proceedings Appendix 4-A Appendix 4-B Appendix 4-C Answers to Exercises The Visa System USCIS Policy Memorandum, Approval of Petitions and Applications after the Death of the Qualifying Relative under New Section 204(l) of the Immigration and Nationality Act. December 16, Table of Contents-3
4 Immigrant Legal Resource Center Appendix 4-D Unit Five USCIS Policy Memorandum, Revised Guidance for the Child Status Protection Act (CSPA) Family Visas: Submitting the Petition; Marriage Issues; VAWA 5.1 Completing Government Forms Completing the Visa Petition, Form I The G-325A and Photograph: Required in a Petition for a Husband or Wife Documenting the Visa Petition What Documents Are Needed to Prove Family Relationship? Obtaining Documents in the United States to Show Family Relationship Obtaining Documents from Other Countries Making Proper Copies of Documents Making Certified Translations of Documents Documenting the Immigration Status of the Petitioner Filing the I-130 Packet USCIS Challenges to a Marriage The Legal Standard for a Marriage Documentation to Show That a Marriage Is Bona Fide What Will Happen at the Marriage Fraud Interview? Preparing Your Client: Self-Defense Techniques for USCIS Interviews Special Rules That Affect Spousal Visa Petitions Self-Petitioning of Abused Spouses, Children and Parents under the Violence Against Women Act ( VAWA ) Requirements for a VAWA Self-Petition for an Abused Child Requirements for a VAWA Self-Petition for an Abused Parent Procedures for Self-Petitioning under VAWA Appendix 5-A USCIS Form I-130, Petition for Alien Relative; and USCIS Form G- 325A, Biographic Information Appendix 5-B Sample Visa Appendix 5-C Assignment from Exercise 5.2 Unit Six Family Visas: Consular Processing and Waivers of Inadmissibility and Deportability 6.1 The NVC, the U.S. Consulates and the Department of State The NVC, the U.S. Consulates and the Department of State How the DHS and the State Department Divide Responsibility in Visa Cases Initial Consular Processing at the NVC Obtaining Documents According to NVC Instructions and the FAM Getting Ready for the Interview What Will Happen at the Interview? Table of Contents-4
5 A Guide for Immigration Advocates 6.7 What Happens after the Immigrant Visa Is Granted What to Do if Your Alien Registration Card Fails to Arrive Waivers of Grounds of Inadmissibility What Is a Waiver? What Is Discretion? How to Find the Waivers in the Act Waiver of Inadmissibility for Visa Fraud and Waiver of Deportability for Persons Inadmissible at the Time of Admission Waiver for Certain Crimes under INA 212(h) Waiver of Inadmissibility/Exemption for Alien Smuggling Document Fraud Waiver of Inadmissibility Waiver for Communicable Disease, Lack of Vaccinations, or Dangerous Mental Disorders under INA 212(g) Waivers for Unlawful Presence, Past Removal and Other Related Immigration Offenses Procedure for Applying for a Waiver How Do You Establish Extreme Hardship? Appendix 6-A Appendix 6-B Appendix 6-C Appendix 6-D Appendix 6-E Appendix 6-F Appendix 6-G Appendix 6-H Unit Seven Sample NVC cover letter to designated attorney, along with the Processing Fee Bill Invoices for the Immigrant Visa (IV) Application and the Affidavit of Support Sample Payment Receipt print-outs from the Immigrant Visa Invoice Payment Center, along with the accompanying Document Cover Sheets, to be returned to NVC with the IV Application and the Affidavit of Support Answers to Exercises Sample Successful Waiver Application Declaration in Support of Waiver of Unlawful Presence Bar Overview of the Unlawful Presence Waiver, Form I-601A, filing process Sample Provisional Unlawful Presence Waiver USCIS Notification of National Visa Center I-601A Waiver Notification Family Visas: Adjustment of Status and Conditional Residence 7.1 What Is Adjustment of Status? Who Is Eligible for Adjustment of Status Based on a Family Petition? What Forms and Documents Are Needed to Apply for Adjustment of Status? The Application for Adjustment, Form I Form G-325A, Fingerprints, Photos, and Medical Exam Submitting the Adjustment Application The Effect of Leaving the Country What Will Happen at the Adjustment Interview? The Decision: Approvals and Denials Introduction: The Immigration Marriage Fraud Amendment Act Table of Contents-5
6 Immigrant Legal Resource Center 7.11 What Is Conditional Permanent Residency? Who Is a Conditional Permanent Resident? Removal of the Condition on Residency if the Marriage Still Exists after Two Years: The I-751 Joint Petition When to File the I-751 Joint Petition Completing the I-751 Joint Petition Application Procedure: Filing, Interview, Standard for Approval, Denials Termination of Conditional Residency by USCIS during the Testing Period Introduction to Waivers of the I-751 Joint Filing Requirement When to File How to File a Waiver The Good Faith Waiver The Extreme Hardship Waiver The Battery or Extreme Cruelty Waiver Proof of Battery or Extreme Cruelty Additional Options for Immigrant Survivors of Domestic Violence Filing a Waiver if the U.S. Citizen or Permanent Resident Spouse Has Died Dependent Sons and Daughters Special Situations Involving Conditional Residency and Waivers Appendix 7-A Appendix 7-B Appendix 7-C Answers to Exercises Sample Letter to Clients Regarding Conditional Residency Sample Letter to Clients Regarding Conditional Residency (Spanish Translation) Comparison of Adjustment Provisions Appendix 7-D Appendix 7-E USCIS Interoffice Memorandum, March 9, 2005 Appendix 7-F Problems on 245(i) Eligibility Unit Eight Legal Research for Immigration Practice 8.1 What Is Legal Authority? Distinguishing Primary Law Sources from Secondary Research Sources Hierarchy in Legal Authority Sources of Legal Authority: The Constitution Sources of Legal Authority: Federal Statutes (The Immigration & Nationality Act) Sources of Legal Authority: Regulations Sources of Legal Authority: Cases Sources of Legal Authority: Internal Agency Operating Instructions Secondary Sources Understanding the Code: The Citation System Citations in Administrative Decisions Table of Contents-6
7 A Guide for Immigration Advocates 8.12 Citations in Judicial Decisions Citing the Immigration and Nationality Act Citing the Code of Federal Regulations A Step-by-Step Guide to Legal Research Low Cost and No Cost Legal Research Resources Gaining Access to Library Materials Practical Tips for Legal Research Appendix 8-A Citing Unpublished Federal Appellate Opinions Issued before 2007 Appendix 8-B Chart: The Thirteen Federal Judicial Circuits Appendix 8-C Library Resources for Immigration Paralegals Appendix 8-D Immigration Law Research Web-Sites Appendix 8-E Research Questions for 8 CFR and the Immigration and Nationality Act Appendix 8-F Extra Research Questions for Legal Research Practice Unit Nine Legal Writing and Appeals 9.1 Writing Techniques for Persuasive Legal Writing Writing Clearly Accuracy Presenting the Facts in Legal Arguments Practical Tips for Written Communication with DHS and the Courts The Courts Overview of Administrative and Judicial Bodies Administrative Appeals of Immigration Cases Appeals of Immigration Cases in Federal Judicial Courts The Importance of Prompt Action on Denials Appeals and Motions to Reopen and Reconsider Compared Procedure for Appeals before the BIA Motions to Reopen/Reconsider in EOIR Appeals and Motions to AAO Who Is Qualified to File a Brief? Keeping Clients Involved in and Informed about Their Appeals Appendix 9-A Appendix 9-B Unit Ten Hierarchy of Courts Authority Route of Appeal for a Typical Deportation or Removal Case The Removal Process 10.1 Overview and Definition of Terms Deportability, Inadmissibility, Voluntary Departure and Types of Removal Proceedings Arrests, Issuance of the Notice to Appear and Order to Show Cause The Master Calendar Hearing: Beginning Removal Proceedings Table of Contents-7
8 Immigrant Legal Resource Center 10.5 Penalties for Failure to Appear at an Immigration Hearing or Interview and Failure to Leave Pursuant to Voluntary Departure or a Removal Order After a Final Removal Order: Surrender and Removal Persons Who Return Illegally after Having Been Earlier Removed: Reinstatement of Removal Detention, Bonds and Procedure Bond Equities Preparing for the Bond Redetermination Hearing Posting the Bond Expedited Removal Proceedings under INA Appendix 10-A Appendix 10-B Appendix 10-C Appendix 10-D Appendix 10-E Appendix 10-F Unit Eleven Sample Form I-862, Notice to Appear Sample Form I-213, Record of Deportable/Inadmissible Alien Form EOIR 33/IC, Alien s Change of Address Form/Immigration Court Instructions for Submitting Certain Applications in Immigration Court and for Providing Biometric and Biographic Information to U.S. Citizenship and Immigration Services Sample Form I-286, Notice of Custody Determination Custody Hearing Checklist Introduction to Cancellation of Removal under INA 240A(b), (Former Suspension of Deportation) and Introduction to Evidence for Immigration Cases 11.1 Overview of the Law Overview of Requirements and Procedure for Cancellation of Removal under INA 240A(b)(1) Continuous Physical Presence Documenting Continuous Physical Presence Good Moral Character and Criminal Bars Introduction to Exceptional and Extremely Unusual Hardship Family Separation Special Note about Hardship to the Applicant s Children Community Ties Medical and Psychological Conditions Conditions in the Country of Deportability Working with a Client and Her Family to Determine Hardship Putting It All Together Discretion, Judicial Review, and Abandonment of Application in Cancellation of Removal Cases Overview of the Law Definitions of Battery and Extreme Cruelty for VAWA Cancellation of Removal Table of Contents-8
9 A Guide for Immigration Advocates The Abuser s Legal Status and Family Relationship under VAWA Cancellation Continuous Physical Presence under VAWA Cancellation Good Moral Character, Inadmissibility and Deportability Issues under VAWA Cancellation of Removal Extreme Hardship under VAWA Cancellation of Removal Children under VAWA Cancellation VAWA Cancellation Compared with VAWA Self-Petitioning Motions to Reopen What Is Suspension of Deportation and Who Can Qualify? Continuous Physical Presence in Suspension Cases Good Moral Character for Suspension of Deportation Hardship for Suspension of Deportation Discretion in Suspension of Deportation Cases What Is Evidence? Relevant and Irrelevant Evidence Analyzing the Strength of Evidence in Cancellation Cases How to Use Evidence Summary of Procedure Suspension of Deportation Benefits under NACARA Appendix 11-A Appendix 11-B Appendix 11-C Appendix 11-D Appendix 11-E Appendix 11-F Unit Twelve Answers to Exercises Cancellation of Removal Application Checklists Sample Form EOIR-42B Document Checklist Form EOIR-42B, Application for Cancellation of Removal and Adjustment of Status for Certain Nonpermanent Residents Immigration Case Analysis Chart Applying for Cancellation of Removal [For Lawful Permanent Residents] under INA 240A(a) (Formerly the 212(c) Waiver) 12.1 Introduction: Cancellation of Removal and the Former 212(c) Waiver Overview of Legal Requirements Seven Years Continuous Residence after Admission A Noncitizen Who Has Been Convicted of an Aggravated Felony Is Barred from Eligibility for Cancellation of Removal Other Groups Who Are Ineligible The Balance Test Positive Factors Factors on the Negative Side Proving Rehabilitation: The Three Story Approach Summary of Procedure Table of Contents-9
10 Immigrant Legal Resource Center Preparing the Client for the Hearing Legal Requirements for Applying for 212(c) Relief in Removal Proceedings Appendix 12-A Appendix 12-B Appendix 12-C Appendix 12-D Unit Thirteen Answers to Exercises Waiver Checklists Sample Letters of Support Memo on Letters of Support Ethical Duties of Paralegals 13.1 Overview of Authorized and Unauthorized Practice of Law What Is Authorized Practice of Law? Explicitly Authorized Representation in Immigration Cases Entering an Appearance Paralegals Working under the Supervision of a Lawyer The Independent Paralegal and Immigration Consultants Overview of Ethical Duties What Are Legal Ethics? What Other Rules Govern Ethics of Nonlawyers? The Duty of Zealous Representation The Duty of Competence Duty of Client Confidentiality and Privileged Information Grounds for Discipline before DHS Immigration Agencies and EOIR Disciplinary System of the DHS and EOIR Summary Disciplinary Proceedings and Immediate Suspension Forms of Discipline Reinstatement Confidentiality in Disciplinary Proceedings Malpractice Tips for Giving Professional Service and Avoiding Professional Discipline Other Legal Actions by Disgruntled Clients Introduction to BIA Recognition and Accreditation How to Apply for BIA Recognition of Your Organization How to Apply to Become a BIA Accredited Representative Limits of BIA Recognition Appendix 13-A Appendix 13-B Appendix 13-C Appendix 13-D Appendix 13-E Answers to Exercises State Statutes Regarding Unauthorized Practice of Law Sample Form EOIR-28, Notice of Entry of Appearance as Attorney or Representative before the Immigration Court Form EOIR-28 Form G-28, Notice of Entry of Appearance as Attorney or Accredited Representative, with Instructions Table of Contents-10
11 A Guide for Immigration Advocates Appendix 13-F Appendix 13-G Appendix 13-H Appendix 13-I Appendix 13-J Appendix 13-K Unit Fourteen Form EOIR-31, Request for Recognition of a Non-Profit Religious, Charitable, Social Service, or Similar Organization, with Instructions Board of Immigration Appeals Frequently Asked Questions (FAQs) about the Recognition and Accreditation (R&A) Program Form EOIR-27, Notice of Entry of Appearance as Attorney or Representative before the Board of Immigration Appeals Draft Model Code of Professional Responsibility for Accredited Representatives Approved Application for Partial BIA Accreditation Approved Application for Full BIA Accreditation Asylum 14.1 Overview of Asylum Law The Statute: Legal Requirements for Eligibility for Asylum Other Sources of the Law on Asylum: The Regulations, Case Law and the UN Handbook Well-Founded Fear of Persecution Past Persecution What Is Persecution? Persecutors: Government and Non-Governmental Forces Connecting Persecution to the Enumerated Grounds Political Opinion Imputed Political Opinion Nationality Race Religion Membership in a Particular Social Group The REAL ID Act and Corroboration Bars to Asylum and Discretion Affirmative Applications before the USCIS Defensive Asylum in Removal Proceedings Should I Apply for Asylum? Analysis of Risks and Benefits Appendix 14-A Appendix 14-B Unit Fifteen Answers to Exercises After Winning Asylum: Benefits for Asylees Asylum and Withholding of Removal; Statutory Bars to Asylum and Withholding on Removal; Preparing a Declaration 15.1 Comparing Asylum and Withholding of Removal Differences in the Legal Standard Differences in Benefits Bars to Both Asylum and Withholding of Removal Table of Contents-11
12 Immigrant Legal Resource Center 15.5 Statutory Bars to Asylum That Do Not Apply to Withholding of Removal Discretion in Asylum Cases Relief under the Torture Convention Overview of Declarations Organization of an Asylum Declaration Use of Details in Declarations Working Together with Your Client to Write the Declaration Working with Children and Youth Interviewing the Applicant (The Circle Method) Drafting a Declaration Appendix 15-A Appendix 15-B Appendix 15-C Appendix 15-D Unit Sixteen Chart Comparing Asylum, Withholding and CAT How to Write an Asylum Declaration, Declaration of Eric Cohen Sample Asylum Declaration Chart Comparing Asylum/Withholding Bars U and T Visas, Registry, Legalization, Family Unity and Discretionary Relief 16.1 Introduction Who Is Eligible for U Nonimmigrant Status? Petitioning for the U Visa Adjustment of Status Derivative Family Members The T Visa for Victims of Trafficking Requirements for T Nonimmigrant Visas Establishing That the Applicant Is a Victim of a Severe Form of Trafficking in Persons T-visa Application, Derivatives and Adjustment of Status Special Immigrant Juvenile Status Temporary Protected Status (TPS) Overview of the Law of Registry Entry before Continuous Residence in the U.S Good Moral Character and Not Ineligible to Citizenship Grounds of Inadmissibility and Deportation Discretionary Denials Registry Application Procedure: Persons Not in Proceedings Applications in Removal Proceedings Documenting Residence for Registry Applications Documentation: Use of Affidavits Overview of the Immigration Reform & Control Act of Legalization Program for Persons in U.S. since before 1/1/ Legalization Program for Agricultural Workers Table of Contents-12
13 A Guide for Immigration Advocates Legalization Denials: Appeals and Reopening Late Legalization or Late Amnesty Nicaraguan and Cuban Adjustment under the Nicaraguan Adjustment and Central American Relief Act of The Haitian Refugee Immigration Fairness Act of Introduction: Family Unity Basic Eligibility Requirements for Family Unity Who Is a Legalized Alien? Children under 21 as of the Applicable Date in Spouse Residence in the U.S. since before the Applicable Date in Effect of Absences from U.S Applicants Do Not Have to Remain Eligible for a Second Preference Visa Children Born Abroad to Mothers with Family Unity Criminal Disqualifying Grounds Other Grounds of Disqualification from Family Unity Benefits of Family Unity Limitations of Family Unity Status Overview of Types of Voluntary Departure Voluntary Departure as a Removal Defense Eligibility and Grounds of Disqualification Effective Date of Law with Warnings Clients Who Wish to Apply for Relief in Removal Proceedings May Apply Only for the Third Type of Voluntary Departure Stays of Deportation/Removal Prosecutorial Discretion DHS Enforcement Priorities Deferred Action Deferred Action for Childhood Arrivals Criminal Bars to DACA Continuous Residence and Travel Requirements for DACA Educational Requirements for DACA What Does an Approval of DACA Provide? Renewal Process Deferred Action for Parents of Americans and Lawful Permanent Residents Other Deferred Action Private Bills Passed by Congress Appendix 16-A Appendix 16-B Appendix 16-C Appendix 16-D Sample Affidavit in Support of Registry Case Sample Voluntary Departure Advisal Form Summary of 2014 Enforcement Policies Sample Request for Prosecutorial Discretion Table of Contents-13
14 Immigrant Legal Resource Center Appendix 16-E DACA Criminal Bars Chart Appendix 16-F Summary of Administrative Relief Announcement November 2014 Unit Seventeen Naturalization and Acquisition and Derivation of Citizenship for Children 17.1 What Is Naturalization? Advantages and Disadvantages of the Naturalization Process The Nine Requirements Lawful Permanent Resident Status: INA Age: INA 334(b) Residence: INA (a) Abandonment of Residence: Losing One s Status as an LPR (b) Special Exception: Nationals of the United States (c) Special Exception: People Serving in the U.S. Armed Services Good Moral Character: INA 316(a)(3) Temporary Bars to Naturalization Permanent Ineligibility for Naturalization English Language: INA 312(a)(1) U.S. History and Government: INA 312(a)(2) Belief in the Principles of the U.S. and the Oath of Allegiance: INA 316(a)(3) Step One: The Application Step Two: The Interview and Naturalization Application Step Three: The Final Hearing and the Oath of Allegiance Contested Naturalization Proceedings Overview of Acquisition and Derivation of Citizenship Introduction to Acquisition of Citizenship Who Can Acquire Citizenship at Birth outside of the U.S.? How to Use the Charts Documenting a Claim of Acquisition of Citizenship Acquisition of Citizenship Exercises Derivation of Citizenship Who Can Derive Citizenship Using the Chart to Determine Derivative Status Child Citizenship Act of Submitting an Application for and Documenting a Claim of Derivative Citizenship Section 322: Citizenship for Children Introduction to Loss of Citizenship Expatriation Denaturalization: INA Denaturalization Proceedings: INA CFR Practice Questions Table of Contents-14
15 A Guide for Immigration Advocates Appendix 17-A Appendix 17-B Appendix 17-C Appendix 17-D Appendix 17-E Appendix 17-F Appendix 17-G Appendix 17-H Unit Eighteen Answers to Exercises Charts A, B & C: Acquisition and Derivation of Citizenship Advantages and Disadvantages of Naturalization Example Homework Assignment -- Naturalization Cases Practice Exercises on Acquisition of Citizenship Small Group Exercises on Acquisition of Citizenship Title 8 of Code of Federal Regulations (8 CFR), Part 316: General Requirements for Naturalization Requirements for Becoming a U.S. Citizen through Naturalization (English, Spanish & Chinese) Identifying Immigration Solutions 18.1 Introduction A Systematic Approach to Identifying Solutions Long-Term Option Sheet Incorporation into the Case File Two-Part Approach Sample Exercises Appendix 18-A Answers to Exercise 18.1 Appendix 18-B Long Term Option Worksheet (blank) Appendix 18-C Long-Term Option Sheet for Gloria Appendix 18-D Long-Term Option Sheet for Carlos Cliente Appendix 18-E Long-Term Option Sheet for Maria & Juan Lopez Appendix 18-F Sample Retainer Agreement Appendix 18-G Cancellation of Removal (for Non-LPRs) Checklists Appendix 18-H Income-Screening Portion of Client Intake Interview Appendix 18-I Case Activity Sheet Appendix 18-J Developing a Case Management System Appendix 18-K Additional Long-Term Option Sheet from Exercises Appendix 18-L Guide to Abbreviations in the Long-Term Option Sheet Unit Nineteen Constitutional and Statutory Rights of Immigrants 19.1 Overview of this Unit Introduction to Constitutional Rights Authority to Question People about Immigration Status Questioning and Types of Stops of Immigrants Searches Warrants The Fourth Amendment in Context The Border Exceptions to the Fourth Amendment The Changing Role of Local Law Enforcement in Immigration The Priority Enforcement Program Table of Contents-15
16 Immigrant Legal Resource Center Immigration Detainers and the Fourth Amendment Current Authority of Local Police to Make Immigration Stops The Right to Remain Silent Right to Legal Representation Rights upon Being Arrested by the DHS and While in DHS Detention Rights of Juveniles The Equal Protection Rights of Immigrants Right Not to Be Discriminated against in Employment Forced Labor Right to Public Education An Overview Administrative Complaints Lawsuits against DHS Motions to Suppress and Motions to Terminate in Removal Proceedings Organizing a Community Response to Rights Abuses Legal Support When Rights Have Been Violated Appendix 19-A Appendix 19-B Appendix 19-C Appendix 19-D Appendix 19-E Appendix 19-F Appendix 19-G Appendix 19-H Unit Twenty Assignments, Outlines and Materials for a Know Your Rights Community Meeting Relevant Constitutional Amendments KYR Materials Sample Raids Intake Homework Assignment: Administrative Complaints 2015 Immigration Detainer Forms Background Information on PEP and ICE Enforcement Sample Motion to Suppress, Covering 4th and 5th Amendment Arguments, Including an Argument on Widespread 4th Amendment Violations Negotiation Skills and Building Community Support 20.1 What Is Negotiation? Clients as Negotiators Negotiating: Practical Tips Negotiation Strategies Introduction Obtaining Letters and Testimony Organizing Campaigns in the Immigrant Community Encouraging Clients to Be Advocates Helping Immigrants Form Immigrant-Based Committees Committee Activities Effectiveness of the Public Campaign on Deferred Action for Dreamers Table of Contents-16
17 A Guide for Immigration Advocates Appendix 20-A Appendix 20-B Appendix 20-C Appendix 20-D Appendix 20-E Unit Twenty-One Negotiation Letter Providing Evidence of CIS Delay Petition Campaign to Stop Deportation of Children Exercises and Role-Plays Press Clippings on Ana Rivera More Ana Rivera Press History of Immigration Law and Policy and Employment-Based Immigration 21.1 The Interests That Affect U.S. Immigration Policy The First Immigrants (Colonial 1800) European Immigration to the East Coast, the First Wave (1800s) Chinese Immigration to the West Coast ( ) The Second Wave of Europeans ( ) West Coast II, Mexican Migration ( ) World War II and McCarthyism ( ) Changing Political Views ( ) Refugee Act of 1980 and Act of The Anti-Immigrant Crusades of the 1990s The Effects of September Conclusions A Word to Nonprofit Agency Staff on Employment Visas Overview and Relation to Other Immigration Options The Employment-Based Preference System The First Preference: Extraordinary Aliens, Outstanding Professors and Researchers, Multi-National Executives and Managers The Second Preference: Professionals and Exceptional Ability Immigrants The Third Preference: Professionals, Skilled Workers and Other Workers The Fourth Preference: Special Immigrant Religious Workers The Fifth Preference: Special Immigrant Investors Labor Certification Special Considerations: Adjustment of Status and Consular Processing for Employment-Based Immigrants Glossary of Immigration Terms Table of Contents-17
18 =
TABLE OF CONTENTS. Foreword...v Acknowledgments...ix Table of Decisions Index...367
Foreword...v Acknowledgments...ix Table of Decisions...355 Index...367 Chapter 1: Removal Proceedings...1 Introduction to Basic Concepts...1 Congressional Power to Deport...2 Changes in the Law Impacting
More informationINDEX Alphabetization is word-by-word (e.g., R visas precedes REAL ID Act )
Alphabetization is word-by-word (e.g., R visas precedes REAL ID Act ) A ABC class members asylum applications under NACARA, 221, 225 Abuse. See Battered spouse or child Address change. See Change of address
More informationNATURALIZATION & US CITIZENSHIP: THE ESSENTIAL LEGAL GUIDE 15 TH EDITION TABLE OF CONTENTS
Naturalization & US Citizenship NATURALIZATION & US CITIZENSHIP: THE ESSENTIAL LEGAL GUIDE 15 TH EDITION TABLE OF CONTENTS Chapter 1 Introduction and Overview 1.1 Introduction to Citizenship... 1 1.2 Overview
More informationTABLE OF CONTENTS. Representing Clients in Immigration Court, 5th Ed. Acknowledgments... ix Table of Decisions Index
TABLE OF CONTENTS Representing Clients in Immigration Court, 5th Ed. Acknowledgments... ix Table of Decisions... 741 Index... 779 Chapter 1: Removal Proceedings... 1 Basic Concepts... 1 Congressional Power
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
A Abused spouses and children. See Violence Against Women Act (VAWA) Addicts. See Drug abusers Adjustment of status. See also Form I-485 generally, 61 77 after-acquired dependents, 65 67 approvable petition
More informationDefending Non-Citizens in Illinois, Indiana, and Wisconsin by Maria Theresa Baldini-Potermin
Defending Non-Citizens in Illinois, Indiana, and Wisconsin by Maria Theresa Baldini-Potermin with Heartland Alliance s National Immigrant Justice Center, Scott D. Pollock & Associates, P.C. and Maria Baldini-Potermin
More informationLawfully Residing Children and Pregnant Women Eligible for Medicaid and CHIP
Lawfully Residing Children and Pregnant Women Eligible for Medicaid and CHIP Last revised JULY 2016 O n July 1, 2010, the Centers for Medicare and Medicaid Services issued guidance on the definition of
More informationAFTER TPS: OPTIONS AND NEXT STEPS
Practice Advisory June 2018 AFTER TPS: OPTIONS AND NEXT STEPS By ILRC Attorneys Temporary Protected Status, or TPS, will end for hundreds of thousands of individuals in late 2018 and 2019. 1 As TPS recipients
More informationChapter 1 CHAPTER 1 INTRODUCTION TO HARDSHIP AND THE MANUAL. This chapter includes:
CHAPTER 1 INTRODUCTION TO HARDSHIP AND THE MANUAL Hardship in Immigration Law Chapter 1 This chapter includes: 1.1 Introduction... 1-1 1.2 How Does Hardship Come into Play?... 1-1 1.3 Hardship Is a Discretionary
More informationIMMIGRANT DEFENDANT QUESTIONNAIRE (Re: Padilla Counsel Consultation)
Attorney Name: Contact : Email Address: IMMIGRANT DEFENDANT QUESTIONNAIRE (Re: ) Please answer every question. Leave NO blanks. You may write Unknown or N/A if necessary. USC stands for U.S. Citizen and
More information9 FAM 40.6 EXHIBIT I GROUNDS OF INADMISSIBILITY AVAILABLE WAIVERS
9 FAM 40.6 EXHIBIT I GROUNDS OF INADMISSIBILITY AVAILABLE WAIVERS (CT:VISA-1613; 01-04-2010) (Office of Origin: CA/VO/L/R) HEALTH RELATED GROUNDS Class of Inadmissibility NIV Waivers IV Waivers Communicable
More informationScreening TPS Beneficiaries for Other Potential Forms of Immigration Relief. By AILA s Vermont Service Center Liaison Committee 1
Screening TPS Beneficiaries for Other Potential Forms of Immigration Relief Background Information By AILA s Vermont Service Center Liaison Committee 1 When assisting a client with renewing their Temporary
More informationGUIDE FOR DETAINED IMMIGRANTS
GUIDE FOR DETAINED IMMIGRANTS 1119 Pacific Avenue, Suite 1400 Tacoma, WA 98402 253-383-0519 877-814-6444 253-383-0111 (fax) The Northwest Immigrant Rights Project (NWIRP) is a non-profit organization.
More informationImmigration Issues in Child Welfare Proceedings
Immigration Issues in Child Welfare Proceedings National Council of Juvenile and Family Court Judges June 2014 Steven Weller and John A. Martin Center for Public Policy Studies Immigration and the State
More informationImmigration Law Basics for Domestic Violence Victim Advocates
Factsheet Immigration Law Basics for Domestic Violence Victim Advocates This factsheet provides basic information on various immigration remedies available to victims of domestic violence and/or certain
More informationOVERVIEW OF IMMIGRATION CONSEQUENCES ANALYSIS
1 OVERVIEW OF IMMIGRATION CONSEQUENCES ANALYSIS May 2015 2 Padilla v. Kentucky: Defense counsel is constitutionally obligated to provide affirmative, correct advice about immigration consequences to noncitizen
More informationExecutive Actions on Immigration
Page 1 of 6 Executive Actions on Immigration On November 20, 2014, the President announced a series of executive actions to crack down on illegal immigration at the border, prioritize deporting felons
More informationINDEX Alphabetization is word-by-word (e.g., R visas precedes REAL ID Act )
INDEX Alphabetization is word-by-word (e.g., R visas precedes REAL ID Act ) A AAO. See Administrative Appeals Office Abuse. See Child abuse; Domestic violence Abuse of discretion standard of review, 25
More informationDraft Not for Reproduction 02/14/2018
Schedule Department of Homeland Security U.S. Citizenship and Immigration Services Form G-1055 Form AR-11 Alien s Change of Address Card EOIR-29 Notice of Appeal to the Board of Immigration Appeals from
More informationBasics of Immigration Law. Jojo Annobil The Legal Aid Society Immigration Law Unit
Basics of Immigration Law Jojo Annobil The Legal Aid Society Immigration Law Unit Why is immigration status important what does it determine? Vulnerability to removal Right to work legally Ability to petition
More informationBasics of Immigration Law
Basics of Immigration Law Jojo Annobil The Legal Aid Society Immigration Law Unit Why is immigration status important what does it determine? Vulnerability to removal Right to work legally Ability to petition
More informationImmigration Issues in New Mexico. Rebecca Kitson, Esq
Immigration Issues in New Mexico Rebecca Kitson, Esq Immigration Status United States Citizens (USC s): born in U.S., naturalized, or acquired/derived Lawful Permanent Residents (LPR s / green card holders
More informationGlossary, Forms, And Abbreviations Abbreviation or Form
Glossary, Forms, And Abbreviations Abbreviation or Form 42A Full Name Cancellation of Removal- Legal permanent resident Description Application for relief for legal permanent residents in deportation proceedings
More informationThis session will cover:
IMMIGRATION BASICS FOR BENEFITS PURPOSES Iris Gomez Massachusetts Law Reform Institute 40 Court Street, Suite 800 Boston, MA 02108 (617) 357-0700 ext. 331 igomez@mlri.org This session will cover: Identifying
More informationJTIP Handout:Lesson 34 Immigration Consequences
KEY IMMIGRATION TERMS AND DEFINITIONS INS DHS USCIS ICE CBP ORR Immigration and Naturalization Services. On 03/01/03, the INS ceased to exist; the Department of Homeland Security ( DHS ) now handles immigration
More informationStatus Eligibility Definition SAVE Code Documentation Card Documentation
Lawfully Residing Noncitizen Children Lawful Permanent Resident Refugee Status Definition SAVE Code Documentation Card Documentation 5-Year Wait Eliminated Also known as Qualified Immigrants. LPRs have
More informationLawfully Present Individuals Eligible under the Affordable Care Act
Lawfully Present Individuals Eligible under the Affordable Care Act SEPTEMBER 2012 Under the Affordable Care Act of 2010 (ACA), 1 individuals who are lawfully present in the United States will be eligible
More informationDETAILED 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 informationDETAILED 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 informationIMMIGRATION RELIEF FOR SEXUAL ASSAULT SURVIVORS
IMMIGRATION RELIEF FOR SEXUAL ASSAULT SURVIVORS This project was supported by Grant No. 2011-TA-AX-K002 awarded by the Office on Violence Against Women, U.S. Department of Justice. The opinions, findings,
More informationLawfully Present Individuals Eligible under the Affordable Care Act
Lawfully Present Individuals Eligible under the Affordable Care Act Last revised JULY 2016 U nder the Affordable Care Act of 2010 (ACA), 1 individuals who are lawfully present in the United States will
More informationIMMIGRATION BASICS FOR BENEFITS PURPOSES
IMMIGRATION BASICS FOR BENEFITS PURPOSES Iris Gomez Massachusetts Law Reform Institute 40 Court Street, Suite 800 Boston, MA 02108 (617) 357-0700 ext. 331 igomez@mlri.org This session will cover: Identifying
More informationQuestion & Answer May 27, 2008
Question & Answer May 27, 2008 USCIS NATIONAL STAKEHOLDER MEETING Answers to National Stakeholder Questions Note: The next stakeholder meeting will be held on June 24, 2008 at 2:00 pm. 1. Question: Have
More informationImmigration Law for Paralegals
Immigration Law for Paralegals FOURTH EDITION by MARIA ISABEL CASABLANCA, ESQ. GLORIA ROA BODIN, ESQ. Carolina Academic Press Durham, North Carolina Copyright 2015 Maria I. Casablanca and Gloria Roa Bodin
More informationCHAPTER 1 INTRODUCTION. 1.1 Introduction to Citizenship
Naturalization & US Citizenship CHAPTER 1 INTRODUCTION This chapter includes: 1.1 Introduction to Citizenship... 1-1 1.2 Overview of the Basic Requirements for Naturalization... 1-3 1.3 How to Use This
More informationCHILDREN AND IMMIGRATION
CHILDREN AND IMMIGRATION NICHOLAS A. CIPRIANNI FAMILY LAW AMERICAN INN OF COURT SEPTEMBER 12, 2012 Presenters: Stephanie Gonzalez, Esquire Barry Kassel, Esquire Maggie Niebler, Esquire Janice Sulman, Esquire
More informationCHAPTER FIVE OVERVIEW OF IMMIGRATION RELIEF FOR IMMIGRANT VICTIMS OF ABUSE AND CRIME
CHAPTER FIVE I. INTRODUCTION OVERVIEW OF IMMIGRATION RELIEF FOR IMMIGRANT VICTIMS OF ABUSE AND CRIME Immigrant victims of domestic abuse and crime are particularly vulnerable in both the criminal and immigration
More informationSUBJECT-MATTER INDEX THE WAIVERS BOOK: ADVANCED ISSUES IN IMMIGRATION LAW PRACTICE, SECOND EDITION
SUBJECT-MATTER INDEX THE WAIVERS BOOK: ADVANCED ISSUES IN IMMIGRATION LAW PRACTICE, SECOND EDITION A Absent client communication, 25 26 Abused women and children. See Domestic violence victims; Violence
More informationOffice of the State Public Defender
Office of the State Public Defender 2012 Annual Criminal Defense Conference Advising Non-Citizen Clients: Defense Counsel s Obligations Bradley J. Schraven Immigration Practice Coordinator Topics of Discussion
More informationAlien Removals and Returns: Overview and Trends
Alien Removals and Returns: Overview and Trends Alison Siskin Specialist in Immigration Policy February 3, 2015 Congressional Research Service 7-5700 www.crs.gov R43892 Summary The ability to remove foreign
More informationNATURALIZATION & CITIZENSHIP
NATURALIZATION & CITIZENSHIP AN INDIVIDUAL BECOMES A USC BY: Operation of Law Generally no affirmative action necessary e.g. birth in United States, birth abroad to USC parents -OR- Naturalization Affirmative
More information(C) API GBV 6/7/2017. Immigration 101: A Webinar for Domestic Violence Victim Advocates. June 6, 2017 Grace Huang, Policy Director
Immigration 101: A Webinar for Domestic Violence Victim Advocates June 6, 2017 Grace Huang, Policy Director Asian Pacific Institute on Agenda: What Will Be Covered Basic Overview of Immigration System
More informationANALYSIS AND PRACTICE POINTERS
ANALYSIS AND PRACTICE POINTERS VAWA 05 Immigration Provisions 1 This summary is organized by topic, in the following order: (1) a new DNA testing law that applies to all detained noncitizens; (2) expanding
More informationCopyright American Immigration Council, Reprinted with permission
Copyright American Immigration Council, Reprinted with permission PRACTICE ADVISORY 1 August 28, 2013 ADVANCE PAROLE FOR DEFERRED ACTION FOR CHILDHOOD ARRIVALS (DACA) RECIPIENTS By the Legal Action Center
More informationSUBJECT-MATTER INDEX
SUBJECT-MATTER INDEX Immigration Consequences of Criminal Activity, Fifth Ed. A AAO. See Administrative Appeals Office Abuse. See Child abuse; Domestic violence Abuse of discretion standard of review,
More informationCATEGORIES OF LAWFUL PRESENCE ACCEPTABLE DOCUMENTATION
Category of Lawful Presence and Acceptable Documents* Lawful Permanent Resident (LPR/Green Card holder) Permanent Resident Card, Green Card (I-551) Temporary I-551 Stamp (on passport or I-94/I-94A)(unexpired)
More informationIMMIGRATION UNDER THE NEW ADMINISTRATION WHAT TO EXPECT AND HOW TO PREPARE
IMMIGRATION UNDER THE NEW ADMINISTRATION WHAT TO EXPECT AND HOW TO PREPARE COMPARISON OF THE OBAMA & TRUMP ADMINISTRATION OBAMA Priority system of deportationfocus on high priority cases such as 1) arriving
More informationCultural Perspectives Panel
Cultural Perspectives Panel ~~~~~ Fatuma Hussein Rashida Mohamed Olga Alicea Barbara Taylor Dolly Barnes Moderated by: Holly Stover WABANAKI TRIBES OF MAINE Domestic Violence and Sexual Assault Services
More informationDACA LEGAL SERVICES TOOLKIT Practice Advisory 6 of 7
DACA LEGAL SERVICES TOOLKIT Practice Advisory 6 of 7 DEFENSES FOR DACA RECIPIENTS FACING ENFORCEMENT OR REMOVAL (DEPORTATION) PROCEEDINGS Center for Human Rights and Constitutional Law 256 S. Occidental
More informationJune 2016 Summary of Changes
Summary of Changes Chapter Passage Summary 1430 1430.0106, 1430.0110, 1430.0113, 1430.0116, 1430.0117, 1430.0300, 1440.0106, 1440.0110, 1440.0113, 1440.0116, 1440.0117, 1440.0303.01, 1440.0303.02 1430.0116,
More informationDACA LEGAL SERVICES TOOLKIT Practice Advisory 2 of 7
DACA LEGAL SERVICES TOOLKIT Practice Advisory 2 of 7 ALTERNATIVE METHODS FOR DACA RECIPIENTS TO LEGALIZE STATUS: FAMILY- BASED PETITIONS, U VISAS, VAWA, K-VISAS, SPOUSE PETITIONS Center for Human Rights
More informationFilling Out the N-400
Chapter Four Filling Out the N-400 But such is the irresistible nature of the truth, that all it asks, and all it wants, is the liberty of appearing. Thomas Paine In this Chapter: Overview Form N-400 with
More informationOVERVIEW OF THE DEPORTATION PROCESS
OVERVIEW OF THE DEPORTATION PROCESS A Guide for Community Members & Advocates By Em Puhl The immigration system is very complex and opaque, containing many intricate moving parts. Most decisions that result
More informationScreening Far and Wide
Screening Far and Wide November 30, 2017 Panelists Dan Berger, Partner, Curran & Berger LLP Carmen Maquilon, Director, Catholic Charities Immigrant Services, Diocese of Rockville Centre Erin Quinn, Senior
More informationImmigration Law Overview
Immigration Law Overview December 13, 2017 Dalia Castillo-Granados, Director ABA s Children s Immigration Law Academy (CILA) History Immigration Laws Past & Present Sources for Current Laws Types of Immigration
More informationApplying for Immigration Benefits Under VAWA
Applying for Immigration Benefits Under VAWA CORT First Friday Webinar April 3, 2009 Susan E. Reed Immigration Law Support Attorney, MPLP susanree@umich.edu 1 What this one-hour training will cover: How
More informationSpotting Inadmissibility Issues in Immigration Cases BY: KRUTI J. PATEL AND LARA K. WAGNER
Spotting Inadmissibility Issues in Immigration Cases BY: KRUTI J. PATEL AND LARA K. WAGNER Inadmissibility v. Removability INADMISSIBILITY Before the government gives you statusin the United States Examples:
More informationDecember 31, Office of Management and Budget USCIS Desk Officer
Office of Management and Budget USCIS Desk Officer oira_submission@omb.eop.gov Re: Agency Information Collection Activities: Application for Travel Document, Form I 131; Revision of a Currently Approved
More informationPractical Considerations for the Pro Bono Asylum Practitioner
Practical Considerations for the Pro Bono Asylum Practitioner Ted Bosquez & Taylor Pullins Vinson & Elkins L.L.P. March 2, 2012 Presentation Overview Ethical Obligations and Duties to Clients Framework
More informationQuestions and Answers January 14, 2010
Office of Public Engagement Questions and Answers January 14, 2010 Temporary Protected Status for Haiti The Department of Homeland Security (DHS) Secretary, Janet Napolitano, has determined that an 18-month
More informationPetition for U Nonimmigrant Status
Petition for U nimmigrant Status Department of Homeland Security U.S. Citizenship and Immigration Services USCIS Form I-918 OMB. 1615-0104 Expires 02/28/2019 Remarks Receipt Action Block For USCIS Use
More informationBackground on the Trump Administration Executive Orders on Immigration
Background on the Trump Administration Executive Orders on Immigration The following document provides background information on President Trump s Executive Orders, as well as subsequent directives regarding
More information5 year bar unless pregnant or child<21. pregnant or child<21. pregnant or child< 21
Health Coverage Crosswalk: Eligibility by Immigration Status Copyright March 2013 Benefit Related Immigration Classifications Lawfully Present5 Qualified Aliens Immigration Status Lawful Permanent Resident
More informationImmigration Relief for Unaccompanied Minors
Immigration Relief for Unaccompanied Minors Refugee and Immigrant Center for Education and Legal Services (RAICES) Jonathan Ryan, Executive Director American Bar Association, Commission on Immigration
More informationWebinar. Safety Planning for Survivors in Light of Immigration Enforcement and DHS New Policies
Webinar Safety Planning for Survivors in Light of Immigration Enforcement and DHS New Policies Background VAWA: Legislative History Congress created immigration protection for immigrant victims of domestic
More informationImmigration Issues in Juvenile Court. CPCS Immigration Impact Unit 2017
Immigration Issues in Juvenile Court CPCS Immigration Impact Unit 2017 Why Do I Need to Know This? Padilla v. Kentucky March 2010 Commonwealth v. Marinho January 2013 duty to advise of consequences prior
More informationYou may request consideration of deferred action for childhood arrivals if you:
1 of 16 8/3/2012 1:30 PM Over the past three years, this Administration has undertaken an unprecedented effort to transform the immigration enforcement system into one that focuses on public safety, border
More informationImmigration Enforcement, Bond, and Removal
Immigration Enforcement, Bond, and Removal Immigration Policy Reforms On Nov. 20, 2014, President Obama announced a series of reforms modifying immigration policy: 1. Expanding deferred action for certain
More informationInteroffice Memorandum
U.S. Department of Homeland Security 20 Massachusetts Ave. NW Washington. DC 20529 U.S. Citizenship and Immigration Services Interoffice Memorandum To: Field Leadership From: Donald Neufeld Is! Acting
More informationAdministrative Removal Proceedings Manual (M-430, Rev. June 4, 1999)
Page 1 of 38 Administrative Removal Proceedings Manual (M-430, Rev. June 4, 1999) Detention and Deportation Officers' Manual Appendix 14-1 Table of Contents PREFACE I. INTRODUCTION A. Purpose B. Historical
More informationThe Commonwealth of Massachusetts
The Commonwealth of Massachusetts Committee for Public Counsel Services Immigration Impact Unit 21 McGrath Highway, Somerville, MA 02143 ANTHONY J. BENEDETTI CHIEF COUNSEL TEL: 617-623-0591 FAX: 617-623-0936
More informationDETAILED TABLE OF CONTENTS IMMIGRATION CONSEQUENCES OF CRIMINAL ACTIVITY, 4TH ED.
DETAILED TABLE OF CONTENTS IMMIGRATION CONSEQUENCES OF CRIMINAL ACTIVITY, 4TH ED. Preface: Goin to the Crossroads of Immigration and Criminal Law (and beyond)...v Dedication...xi Acknowledgments...xiii
More informationWAIVERS OF INADMISSIBILITY
CHAPTER 7 WAIVERS OF INADMISSIBILITY Overview The purpose of this chapter is to explain the eligibility requirements for waivers of certain inadmissibility grounds, set forth the legal standards used for
More informationHOW TO APPLY FOR ASYLUM, WITHHOLDING OF REMOVAL, AND/OR PROTECTION UNDER ARTICLE 3OF THE CONVENTION AGAINST TORTURE
HOW TO APPLY FOR ASYLUM, WITHHOLDING OF REMOVAL, AND/OR PROTECTION UNDER ARTICLE 3OF THE CONVENTION AGAINST TORTURE WARNING: This booklet provides general information about immigration law and does not
More informationSPECIAL IMMIGRANT JUVENILE STATUS
SPECIAL IMMIGRANT JUVENILE STATUS Professor Sarah Rogerson, Director of the Immigration Law Clinic Margaret Burt, Esq., Child Welfare Attorney January 24, 2018 Child Migrant Crisis at the Southern Border
More informationHumanitarian Immigration Law, Part II
Humanitarian Immigration Law, Part II VAWA, U Visas, T Visas, and More Festival of Legal Learning 2019 Kaci Bishop, Clinical Associate Professor of Law VAWA VAWA Allows certain immigrants who are survivors
More informationFamily member(s) relationship to you (the principal). Information about you. Information about your family member (the derivative).
Department of Homeland Security U.S. Citizenship and Immigration Services OMB. 1615-0104: Expires 01/31/2016 Form I-918 Supplement A, Petition for Qualifying Family Member of U-1 Recipient START HERE -
More informationI Want to Do Pro Bono Work BUT I M SCARED!
I Want to Do Pro Bono Work BUT I M SCARED! I have never done anything in family law or immigration, what if I mess up? CVLS provides tremendous support to their volunteers Legal Server: Allows volunteers
More informationIf 2nd Level review Required: List of additional documentation that may be required
EAD Category If 2nd Level review Required: List of additional documentation that may be required Conforming Eligible FHA Eligible VA (co-borrower) A1 Lawful Permanent Resident Permanent Resident Card Passport
More informationCHAPTER ONE INTRODUCTION. 1.1 What Is Parole?
CHAPTER ONE INTRODUCTION Parole in Immigration Law Chapter 1 This chapter includes: 1.1 What Is Parole?... 1-1 1.2 The Parole Power: One Little Statutory Provision, Lots of Parole... 1-2 1.3 Parole and
More informationImmigration Relief for Immigrant Survivors of Abuse [July 2017]
Immigration Relief for Immigrant Survivors of Abuse [July 2017] What kind of crime or abuse counts? Battery or extreme Sex or labor trafficking cruelty perpetrated by a USC or LPR spouse or parent or an
More informationWhere are we on Immigration: Trump, DACA, TPS, and More. January 26, 2018 UCSB Vivek Mittal, Esq.
Where are we on Immigration: Trump, DACA, TPS, and More January 26, 2018 UCSB Vivek Mittal, Esq. We work for the University of California and we provide free immigration legal services to undocumented
More informationSample Immigration Visa Application Form (DS-260)
Personal, Address, and Phone Information Name Provided: Full Name in Native Language: Other Names Used: Sex: Current Marital Status: Date of Birth: City of Birth: State/Province of Birth: Country/Region
More informationThailand Law Forum. Waivers of US Visa Denials and Waivers in Thailand. By Chaninat and Leeds Co., Ltd. 2 June 2009
Waivers of US Visa Denials and Waivers in Thailand By Chaninat and Leeds Co., Ltd. 2 June 2009 This article is intended for US citizens that wish to bring their Thai wife, husband or fiancé(e) to America
More informationA GUIDE TO TEMPORARY PROTECTED STATUS FOR SYRIAN NATIONALS
A GUIDE TO TEMPORARY PROTECTED STATUS FOR SYRIAN NATIONALS I. Brief Overview On March 29, 2012, the Secretary of Homeland Security designated the Syrian Arab Republic ( Syria ) for Temporary Protected
More informationICE. I.C.E. Under D.H.S. Customs and INS Investigations DRO
ICE What is I.C.E.? IMMIGRATION & CUSTOMS ENFORCEMENT I.& N.S. Under D.O.J Investigations / Inspections/ DRO/Exams/ Records; USBP I.C.E. Under D.H.S. Customs and INS Investigations DRO C.B.P. USBP / Inspections
More informationPRESIDENT TRUMP S EXECUTIVE ORDERS ON IMMIGRATION
PRESIDENT TRUMP S EXECUTIVE ORDERS ON IMMIGRATION Disclaimer: This advisory has been created by The Legal Aid Society, Immigration Law Unit. This advisory is not legal advice, and does not substitute for
More informationDACA. Deferred Action for Childhood Arrivals
DACA Deferred Action for Childhood Arrivals DEFERRED ACTION On June 15, 2012 President Barack Obama announced that the U.S. department of Homeland Security (DHS) Would not deport certain undocumented youth
More informationCHAPTER TWENTY-FIVE Documents & Evidence in a U Visa Submission
CHAPTER TWENTY-FIVE Documents & Evidence in a U Visa Submission B efore HRI accepts a case, we provide the client with a checklist of items that are required to file for a U Visa. By the time the case
More informationThis advisory seeks to provide practitioners with current information about the status of public charge.
Fact Sheet August 2018 NON-LPR AN OVERVIEW CANCELLATION OF PUBLIC OF CHARGE REMOVAL An By Em Overview Puhl, Erin of Quinn Eligibility and Sally for Kinoshita Immigration Practitioners I. Introduction Since
More informationORR GUIDE: DOCUMENTATION REQUIREMENTS FOR THE REFUGEE RESETTLEMENT PROGRAM
ORR GUIDE: DOCUMENTATION REQUIREMENTS FOR THE REFUGEE RESETTLEMENT PROGRAM Purpose of this Guide This Guide outlines: (1) the statuses and documents that confer eligibility for Refugee Resettlement Program
More informationTHE IMMIGRATION LANDSCAPE UNDER THE NEW ADMINISTRATION
THE IMMIGRATION LANDSCAPE UNDER THE NEW ADMINISTRATION Northwest Immigrant Rights Project Only organization providing comprehensive immigration legal services for low-income people in Washington State
More informationWORKING WITH IMMIGRANTS IN PROTECTIVE SERVICES. Protective Services Division Annual Training Spring 2009
WORKING WITH IMMIGRANTS IN PROTECTIVE SERVICES Protective Services Division Annual Training Spring 2009 Overview New Mexico Population Status Classifications Protective Services and Immigration Effective
More informationIntersection of Immigration Practice with other Areas of Law
Intersection of Immigration Practice with other Areas of Law The Chander Law Firm A Professional Corporation 3102 Maple Avenue Suite 450 Dallas, Texas 75201 http://www.chanderlaw.com By Vishal Chander
More informationU.S. CITIZENSHIP AND IMMIGRATION SERVICES. IMMIGRANT WAIVERS Procedures for Adjudication of Form I-601 For Overseas Adjudication Officers 1
U.S. CITIZENSHIP AND IMMIGRATION SERVICES IMMIGRANT WAIVERS Procedures for Adjudication of Form I-601 For Overseas Adjudication Officers 1 April 28, 2009 1 Guidance from the Vermont Service Center Adjudicator
More informationImmigration Issues for CAFL attorneys. CPCS Training 2017
Immigration Issues for CAFL attorneys CPCS Training 2017 Topics of Discussion Immigration Basics Special Immigrant Juvenile Status (SIJ) Current Immigration Enforcement Topics of Discussion Immigration
More informationPRO SE ASYLUM MANUAL
PRO SE ASYLUM MANUAL Prepared by the Political Asylum/Immigration Representation Project, with help from the Massachusetts Law Reform Institute and Greater Boston Legal Services. May 2016 INTRODUCTION
More informationIMPACT OF CRIMINAL CONVICTIONS
IMPACT OF CRIMINAL CONVICTIONS ERICH C. STRAUB ERICH@STRAUBIMMIGRATION.COM SARAH ROSE WEINMAN SWEINMAN@HEARTLANDALLIANCE.ORG American Bar Association - Immigration Pro Bono Training August 1, 2012 Chicago,
More informationPRACTICE ADVISORY 1 April 22, 2013 DEFERRED ACTION FOR CHILDHOOD ARRIVALS
PRACTICE ADVISORY 1 April 22, 2013 DEFERRED ACTION FOR CHILDHOOD ARRIVALS On June 15, 2012, Department of Homeland Security (DHS) Secretary Janet Napolitano issued a memorandum to U.S. Customs and Border
More informationA Primer on U.S. Immigration Policy
William A. Kandel Analyst in Immigration Policy June 22, 2018 Congressional Research Service 7-5700 www.crs.gov R45020 Summary U.S. immigration policy is governed largely by the Immigration and Nationality
More information