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Immigration Practice covers all aspects of immigration law in one volume, complete with over 3,000 footnote citations to the wide range of statutes, regulations, court and administrative cases, policy memos, operations instructions, agency interpretive letters, and internet sites that a lawyer needs for complete understanding of a particular problem. No other source merges the practical with commentary and analysis so helpfully.

Explains in understandable language and meaningful and dependable detail the substantive issues and the practical procedures a lawyer needs to handle a specific immigration matter, complete with checklists of forms, documents and types of evidence needed for application/petition packages.

BOOK OUTLINE

• Liberally cross references to other sections in the book where related topics are discussed (because so many topics are interrelated).
• Provides line-by-line instructions on how to complete the most commonly used forms to avoid embarrassing mistakes.
• Contains comprehensive charts of detailed contact information for the officials in the many government agencies administering immigration laws, some of which are not available anywhere else, including INS' reorganized regional and district offices, Immigration Courts, consulates throughout the world (with country-unique rules), labor department regional offices, state employment and prevailing wage specialists, suppliers of country conditions information for asylum claims, au pair programs, and more; (such as Internet sites, and au pair agencies)
• Organizes explanations of potentially applicable visa options according to the attributes of the alien (and the employer), rather than the classifications in alphabetical order, so that practitioners can make sense of options in light of the client in the office.
• Compares and charts attributes and procedures of such topics as nonimmigrant visa classifications, procedures to permanent residence, and standards of "extreme" hardship. - Cites the most useful Internet site URLs with explanation of the increasingly helpful free databases and tools available through each one.
• Is edited and completely updated each year with the latest developments in all areas of immigration law.

• Constantly increased and updated links to government web sites containing current contact information, forms, primary law sources of all types, case status information, and processing and substantive guides—all referenced by pinpoint citations in the text. See Chapter 5 explaining sources of law, Appendix C and D-1 showing web links, and the CD-ROM in the back cover providing one-click access! Readers are strongly encouraged to review and use the CD-ROM and to consider drawing Appendix C, D-1, and E-1 into internet browser “favorites” or “bookmarks” for ready reference all the time.
• Substantial revision, and to some extent reorganization, of Chapters 1-6, to reflect the latest understandings of the mechanics of immigration law practice, the agencies that govern it, and forms and legal authorities used to pursue it. Much of it was outdated, and the author has learned much since the previous significant revision. Practitioners are encouraged to read these Chapters straight through this year and to have staff do so.
• USCIS Filing fees are now listed in Appendix A with the expectation that practitioners will print and insert USCIS fee updates promulgated between book editions. Specific new approaches to fees, including not charging for interim work and travel pending adjustment, and automatic fee waiver for certain applications, is discussed in the text.
• State Department’s Petition Information Management System (PIMS), its effect on nonimmigrant visa processing, and procedures to reduce delays. § 7-2(c), Chapter 17.
• Procedures for the “recapturing” of time subject to maximum stays in H and L status. § 7-2(g).
• The Western Hemisphere Travel Initiative (WHTI) and its implications for document requirements for admission. § 7-3(a).
• Special treatment afforded to citizens of Palau, Micronesia, the Marshall Islands, the Northern Mariana Islands (CNMI) and American Samoa. § 7-3(a).
• Update of the nonimmigrant classifications chart to include typical limitations on visa validity, labor attestations. § 7-3(c)(1).
• Rationalization of shared traits and differences between H-1B and special options for nationals of Chile, Singapore, Australia, Canada and Mexico. §§ 7-3(c)(1), 17-4(b)(3), and 17-4(b)(4)(iii) and (iv).
• Clarification of the rules for and implications of passport validity on periods of stay, etc. §§ 7-3(e)(2), 7-4(b).
• Clarifications of grounds and notification procedures for visa refusals. § 7-3(e)(5).
• A new section devoted to “Advanced Inspection,” including CBP’s Advance Passenger Information System (APIS), TSA’s “Secure Flight” program for air travelers and the Coast Guard’s eNOA/D system for sea travelers, updates of “trusted traveler programs, and updated treatment of “traveler redress” options. §§ 7-4(a)(1), 7-4(a)(2), and 10-2(b)
• Methods for correction of erroneous I-94 cards, §§ 7-4(b), 7-5(i).
• USCIS recognition of its initial error in CSPA retroactivity, now accepting applications and motions to reopen, plus strategies for categories still not covered. §§ 8-4(d), 14-7(a)(4).
• USCIS’ position that unauthorized work even after filing for adjustment counts against the 180 days of grace provided by INA § 245(k). § 8-7(b)(5).
• The position, held at least by some USCIS offices, that work authorization is automatically terminated upon most nonimmigrants’ filing for adjustment.
• USCIS’ new approach to the timing of FBI name checks and lawsuit settlements for expediting certain cases to avoid social security consequences. §§ 8-(d)(1) and 12-3(c)(1)(ii).
• The important difference between lawful status and lack of unlawful presence. § 8-7(d)(1).
• The impact of expiration of an I-94 card issued upon return with advance parole. § 8-7(d)(2)(i).
• DHS’ occasional strategy to let an adjustment applicant depart but then revoke advance parole when the alien attempts readmission. § 8-7(d)(2)(i).
• Updating of the mechanics of immigrant visa processing. § 8-8.
• New statute treating time abroad of spouse or children accompanying a soldier as if in the U.S. § 9-2(c)(1).
• Biometrics requirement for reentry permit application. § 9-2(c)(4)(i).
• Reorganization and updating of the section on the Public Charge ground in light of new regulations and further interpretations. § 10-(d).
• Consular requirements for medical exams for nonimmigrant visas in light of arrests or conviction for DUI. § 10-6(a).
• Revised medical examination requirements for panel physicians overseas. § 10-6(a).
• Date of admission for CIMT within 5 years of admission. § 10-6(b)(1)(i).
• Updated discussion of the “categorical approach” to determining criminal removal grounds and when and how it applies. § 10 6(b)(2)(i).
• New statutory, regulatory, and policy definitions of terrorist removal grounds including “material support.” §§ 10-6(c), 16-4(d).
• Transfer of responsibility from ICE to USCIS of humanitarian parole adjudications. § 10-7(c).
• The AG’s efforts to reform the Office of Chief Immigration Judge, including the new Immigration Court Practice Manual. § 11-1.
• ICE detention standards and related decisions. § 11-3(f).
• Further clarification of procedures for seeking relief in immigration court, including paying fees and facilitating background checks. § 11-5.
• Good moral character clarifications. § 11-5(k).
• New USCIS requirements concerning N-648 disability findings in naturalization applications. § 12-3(c)(3)(vi).
• USCIS’ redesigned history and government exam and its phase-in schedule. § 12-3(c)(3)(vi).
• A new section on claims for citizenship at birth arising from law prior to the Child Citizenship Act 0f 2000. § 12-3(d)(3).
• Revised passport books and new passport cards and how to apply for them. § 12-4(a).
• USCIS’ processing of adjustment of status based on rank order. § 13-2(d).
• Family petitioners’ requirement to disclose certain crimes under the Adam Walsh Act. § 14-6.
• DOS’s severe limitation on processing of I-130 petitions at consulates. § 14-7(a)(1).
• USCIS’ effective elimination of K-3 process. § 14-7(a)(4).
• Procedures for marriage while in ICE detention. § 14-7(a)(5)(iii).
• USCIS’ reaction to court cases concerning the survival of pending spousal petitions after petitioner’s death. § 14-7(a)(6).
• Hague Convention procedures, now in force, for adoptions from certain countries. § 14-7(b)(5).
• Clarification of numerous rules and practices in relation to “employment creation” immigrants (investors). § 15-2(f).
• Full integration of the PERM process into Chapter 15’s reorganized discussion of permanent labor certification (previously an “overlay”), updated with learning from the many PERM FAQs and other pronouncements from the Department of Labor, as well as the first BALCA decisions in PERM cases. § 15-3.
• Centralization of labor certification functions in two national DOL centers. § 15-3(d)(4).
• DOL’s rule limiting labor certification validity periods, prohibiting labor certification substitutions, prohibiting payment of attorneys fees by aliens, instituting debarment and suspension penalties against employers and attorneys, and other fraud prevention requirements. § 15-3.
• U.S.-Canada “safe third country” rule implementation. § 16-4(c).
• “Cuban family reunification program” speeding parole of beneficiaries of approved I-130 petitions. § 16-7(e)
• Improved analysis of USCIS’ narrowing view of L-1 “specialized knowledge” and the “anti-job shopping” statute. § 17-3(b)(5)(ii)
• Clarification of the mechanics and rules associated with blanket L visas. § 17-3(b)(7).
• DOS’ narrowing view of the TN “scientific technologist” category.§ 17-4(c)(2)(i).
• Expansion of the P-1 category for various international athletes and coaches. § 17-5(a)(2)(ii).
• Clarification of procedures for J-1 waivers, discussing any requirement of physicians receiving research-based J-1 waivers to spend 3 years in H-1B status with a contracted facility. §§17-5(c)(1)(ii), 18-5(b)(1)(vi).
• Automatic reinstatement of the home residency requirement if a physician fails to complete the three years of service under INA § 214(l). §17-5(c)(1)(ii).
• Changes to the physician immigrant “national interest waiver” provisions arising from the Schneider v. Chertoff lawsuit. §17-5(c)(1)(iii).
• Update of visa waiver program countries and passport requirements. § 18-3(b)(2).
• Revisions to rules governing J-1 program compliance and penalties. § 18-5(b)(1)(vi).
• Amendments to Form I-9 and the Employer Handbook. § 19-4(b).
• E-Verify’s expansion and operation, and ICE’s “IMAGE” program for employer compliance. § 19-4(d).
• Expanding notions about “constructive knowledge” of the employment of unauthorized aliens, including the ICE social security “no-match” rule and ICE’s “advisory” invitation for employers to contact ICE “for more information” about documents. § 19-4(f).
• Increased use of criminal prosecution, and common criminal charges, plus increased I-9 administrative fines. § 19-4(l) and (m).
• More discrimination lawsuits arising from aggressive I-9 practices. § 19-6.

Also includes Coverage of administrative and court decisions on such topics as:

• warrantless searches of computers,
• visa waiver entrants applying for adjustment,
• retroactivity of the Child Status Protection Act,
• ineligibility of conditional parole grantees for adjustment of status,
• lack of effect of INA § 245(i) on the bars on reentry,
• “properly filed” for purposes of INA § 245(i),
• eligibility to use AC21 “portability” for adjustment in immigration court proceedings,
• lack of need to exhaust administrative remedies to sue for adjustment when DHS has not instituted proceedings,
• international travel by an LPR after a crime, definition of a crime involving moral turpitude (CIMT),
• the meaning of an aggravated felony as a “felony punishable under” a federal law,
• clarification when a state offense can constitute an aggravated felony,
• definition of aggravated felony crimes of illicit trafficking in a controlled substance, crime of violence, theft offense, forgery, and others,
• effect of domestic and foreign expungements, juvenile offenses (and the federal First Offender Program and state equivalents), and vacated convictions and sentences,
• effect of costs and surcharges concerning the definition of a conviction,
• effect of marijuana possession in certain special situations,
• opportunity to apply for the waiver as a defense to removal without applying for adjustment of status,
• whether checking the first box on Form I-9 can constitute a “false claim to citizenship,”
• effect of discharge based on alienage from voluntary training and service in the armed forces,
• challenges concerning notice of and appearance at immigration court hearings,
• court inquiries about pro se appearances,
• Eighth Amendment right against excessive bail,
• effect of noncompliance with Convention rights about consular notification,
• types of proceedings still subject to habeas corpus actions,
• immigration courts’ ability to consider striking similarities among affidavits in different cases,
• continuances of immigration court proceedings especially for purposes of adjustment of status,
• jurisdiction of federal courts after the REAL ID Act, especially concerning arguably discretionary decisions,
• retroactive permission to reapply for admission,
• availability of relief under former § 212(c),
• accumulation of continuous residence for eligibility for cancellation of removal,
• availability of adjustment of status and voluntary departure to arriving aliens in removal proceedings,
• workings and tolling of voluntary departure period,
• lack of notice of BIA decision, the “fugitive entitlement” doctrine,
• motions to reopen immigration proceedings even from outside the U.S.,
• whether the federal district court obtains exclusive jurisdiction in naturalization delay suits under INA § 336(b),
• invalidation of USCIS’ rule prohibiting naturalization while the alien is serving probation for any crime whatsoever,
• challenges to state requirements of passports or social security numbers to marry,
• extreme hardship petitions to remove conditions on permanent residence,
• special rule for adopted siblings up to age 18 regardless of which child is adopted first,
• overruling USCIS de novo determinations about state court assessments for consent in special immigrant juvenile petitions,
• inability to use an adjusted refugee of refugee exceptions to removal grounds,
• motions to reopen for asylum,
• inability of family members to derive a grant of withholding of removal,
• REAL ID’s impact on the asylum standards, particularly in mixed motive and credibility cases,
• economic hardship as persecution,
• the per se rule for spouses of Chinese women who have undergone forced sterilization or abortion,
• female genital mutilation as grounds for asylum,
• membership in a social group for asylum purposes, fear of persecution to a family member as a basis for asylum,
• polygraph tests for asylum cases,
• requirements for proof of identity beyond an asylum applicant’s testimony,
• requirements for authentication of a foreign public document,
• firm resettlement and ability to avoid persecution elsewhere in the home country,
• bars to asylum including infliction of persecution, particularly serious crimes, “may pose a danger,” and past frivolous filings,
• sufficiency of “diplomatic assurances” against torture upon return,
• a government’s acquiescence and “willful blindness” as basis for CAT claim,
• documentation of Cuban citizenship,
• requirements for ABC settlement participation,
• human resources manager as an H-1B specialty occupation,
• small company’s need of an H-1B management information services manager, employer’s backpay obligation including interest for “benching,”

ABOUT THE AUTHORS

Robert C. Divine serves as the Principal Legal Advisor to the U.S. Citizenship and Immigration Services bureau of the Department of Homeland Security. This book and this edition were written prior to his appointment, in his private capacity as an immigration lawyer, and the book does not in any way constitute an official statement of the law or policy or otherwise reflect the views of USCIS or DHS. Prior to his appointment to this position in 2004, Mr. Divine practiced all aspects of immigration law on a national scope as a leader of the immigration team within Baker Donelson Bearman Caldwell & Berkowitz, a firm with over 300 lawyers in 10 offices throughout the Southeast and Washington, D.C. His clients included multinational corporations, medical, financial and academic institutions, information technology providers and users, foreign investors, manufacturers, and individuals from many countries. He had been an active member of the American Immigration Lawyers Association since 1986 and has authored numerous bar journal and other articles on immigration law. In early 2004 he served as an expert for the U.S. Commission on International Religious Freedom evaluating the impact on asylum claims from DHS' implementation of expedited removal procedures.

About the Updating Author:

R. Blake Chisam is currently Legal Counsel to the Subcommittee on Immigration, Citizenship, Refugees, Border Security, and International Law of the United States House of Representatives. Prior to his appointment he practiced exclusively in the area of Immigration and Nationality Law as a partner in the firm of Chisam & Majid. He advised organizations with respect to immigration-related policy, employment, civil rights, and health care law matters, including related white-collar criminal and regulatory compliance issues. Mr. Chisam is an active member of the American Immigration Lawyers Association ("AILA"), for which he currently serves on its Business Litigation committee, and the American Bar Association ("ABA"). In October 2000, Mr. Chisam and his partner Jasmine A. Majid were awarded the prestigious Meritorious Public Service Award from the Director of the U.S. Department of Justice’s Executive Office for Immigration Review, which was presented by then Attorney General Janet Reno, in recognition of their "tireless and distinguished pro bono efforts on behalf of unrepresented aliens detained by the ? Immigration and Naturalization Service." Mr. Chisam has lectured on immigration law to law students at universities across the U.S., and he is a frequent author and lecturer to professional associations, academic symposia and community groups. He is admitted to practice in New York, Maryland, Pennsylvania and a host of federal courts.

TESTIMONIALS

Some of the most experienced and acclaimed immigration lawyers in the nation have said:

• "Immigration Practice is a handy reference work for both the novice and the experienced practitioner with a novel organizational approach that focuses on real life situations rather than the statutory category."

  Daryl Buffenstein is Chair of the national immigration practice group of Paul, Hastings, Janofsky & Walker LLP. He is Former President of the American Immigration Lawyers Association (AILA) and recently ended a four-year term as AILA's General Counsel. He was the 1997 recipient of AILA's Founders Award.

• "Immigration Practice is filled with practical, down to earth information in a format that is easy to use. I bought one for each member of my staff."

  Peter Williamson, Houston, TX. Mr. Williamson is Former President of AILA (1994-1995) and served as Chair of the Texas Chapter, on the National Board of Governors (1982-present), and on the National Executive Committee.

• "Immigration Practice fills a niche that needed filling: A single volume with all the basics explained in plain English for newcomers, and plenty of sophisticated discussion with lots of footnotes for old hands. The appendix alone is worth the price of the book! It has all the addresses, phone numbers, and lists that are needed constantly in immigration practice, plus tips on how to fill out the most common forms. I keep this volume on my desk as a convenient and thorough reference. You can tell that it was prepared an experienced practitioner who understands the practical side of an immigration practice and who is result oriented."

  Dale M. Schwartz, Schwartz & Kuck, Atlanta, GA is Former President of AILA (1986-87), and has testified as an expert witness before committees of the U.S. House of Representatives and the United States Senate on immigration legislation. Mr. Schwartz was Co-Chairman of the Immigration Law Committee of the Section of Litigation of the American Bar Association.

• "Immigration Practice is an absolutely fabulous resource, unlike anything else on the market, oriented toward the attorney rather than the paralegal."

  David Ware, Metairie, LA is very active in AILA including: Vice-Chair, Committee on International Students (1995 to Present); Treasurer, Louisiana Chapter, 1984 to 1988; INS Liaison Chair, 1988 to 1989; NAFSA Region III Liaison, 1992 to 1995.

• "I ordered a copy of Immigration Practice. We love it, and are using it frequently."

  Elizabeth Stern, Shaw Pittman, Washington, DC heads the firm's Business Immigration practice group.

• "I have just received your excellent treatise Immigration Practice. I would recommend it highly as a valuable guide not only for a beginning immigration lawyer, but for the seasoned practitioner as well."

  Ben Gim, Gim & Wong, New York, NY

• "I am really impressed by Immigration Practice. I picked a few arcane questions to look up and found the subjects right away in the index. The text was clear and practical. We find it very useful."

  Joseph K. Venishnick, Labor and Employment Counsel, ASEA Brown Boveri, Inc. Windsor, CT

• "Immigration Practice is a tremendous guide through every possible contingency that a lawyer may encounter in processing any sort of immigration petition. I would recommend this book for anyone who qualifies for membership in the AILA/YLD."

  Ira L. Mazer, Philadelphia, PA

• "Immigration Practice is the best reference tool I have looked at on the subject, and actually a good read. For instance, as a new practitioner I avoided filing needless relative petitions by reading the clear discussion about the derivative beneficiaries and "following to join" eligibility and procedures."

  Jeffrey Kantor, Arlington, VA

• "I truly use Immigration Practice as a bible for immigration practice. I generally read the appropriate area of interest to which I need an answer, then refer to the statute and the regs. It works quite well for me."

  Petro Morgos, Cherry Hill, NJ

• "I use Immigration Practice in preference to the other immigration law treatises I have tried. It really is the best of its kind - the easiest to use and the most complete."

  Jonathan David Guze, Durham, NC

• "Immigration Practice has quickly become my immigration "bible" as a first look source, despite having a number of other fine works in my collection."

  Byron Toben, Montreal, Quebec (Ill. & NY bar)

• "I'm a new disciple of your Immigration Practice book."

  Andre Michael Wang, Portland, OR

• "I have enjoyed and profited a great deal from Immigration Practice."

  Philip Berns, Stamford, CT

• "Immigration Practice, is one of the most invaluable tools in my library. Although I did not anticipate a career in immigration law, most of my clients are Korean and many are in need of immigration assistance. Needless to say, your book is the next best thing to the Bible. For someone who is just hanging out their shingle and is interested in establishing an immigration practice your book is invaluable."

  Seung-Ho Choe, Rockville, MD

If you are a purchaser of this book, the editor and authors would appreciate your feedback about the book. Please write to editor@ilw.com

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