Immigration Practice 2008-2009 Edition
by Robert C. Divine and Blake Chisam
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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.
What’s New in Immigration Practice 2008-2009 Edition
- 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!
- Analysis of the Labor Department’s new PERM rules, with tables showing how and where they change labor certification practice.
- Step-by-step instructions for completing DOL’s Form ETA 9089, which was introduced with the PERM program and which is completed and filed on-line.
- Analysis of REAL ID Act of 2005 and its impact on removal proceedings, asylum applications, judicial review and business immigration cases.
- Discusses the E-3 category for Australian nationals in specialty occupations.
- Updated treatment of the Basic Pilot Program for employment verification, which has been expanded to all 50 states and the District of Columbia.
- Provides references to USCIS’ on-line Adjudicator’s Field Manual.
- USCIS fee changes indicated throughout book.
- Updated chart showing each country’s special characteristics under immigration procedures, plus U.S. consular locations and contact information. See Appendix C-6 (CD-ROM in back cover).
- Addition of recent immigration-related cases decided by the federal courts.
- Discussion of recent decisions by the Board of Immigration Appeals.
- Includes explanation of Direct Mail filing procedures for family-based cases, most of which are now filed with the National Benefits Center through its Chicago lockbox facility.
- Expanded treatment of USCIS’ electronic filing systems.
- ITIN and SSN issues.
- Information on dealing with the H-1B cap.
- Consideration of need for cross-cultural communications training in the context of asylum adjudications and determinations of witness credibility.
- Revised and updated discussion of the mechanics of the Basic Pilot Program.
- Discussion of legislation providing additional immigrant visa numbers for use by nurses to relief shortages cause by visa backlogs.
- Analysis of issues relating to the return of backlogs in certain immigrant visa preference categories.
- Tips for drafting labor certification applications.
- Updated poverty level guidelines.
For Detailed Table of Contents, see here.
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
In-house counsel have said:
- "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
Newer and regular practitioners have said:
- "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
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