Edited by Hon. Nelson L. Peralta & Paschal O. Nwokocha
The Immigration Practice Deskbook was written by experienced practitioners and edited by Nelson L. Peralta and Paschal Nwokocha. The Deskbook is designed to help both new and experienced attorneys better understand the complexities of practicing immigration law. It covers all aspects of immigration, from your first appearance in immigration court, to family- and employment-based applications, immigrant visa processing, waivers of inadmissibility, relief from removal including protection-based relief and special forms of temporary relief, the intersection of criminal and immigration laws, naturalization, and an entire chapter examining the ethical issues one may face when working in the area of immigration law. The Deskbook also includes nearly 50 valuable sample and annotated forms, checklists, and other helpful practice-based aids to assist you in your work. Written by experienced and respected immigration law practitioners, this valuable resource will be invaluable for any attorney practicing immigration law.
2020 REVISION
The 2020 Revision to the Immigration Practice Deskbook includes updates to all 12 chapters and the addition of new sample forms. The Revision includes an examination of the effects the Trump Administration continues to have on immigration practice and procedure, analysis of the most recent executive orders and travel bans, a look at how the COVID-19 pandemic has effected immigration laws and practice, as well as extensive examination of new case law from the U.S. Supreme Court, the Board of Immigration Appeals, the Eighth Circuit Court of Appeals, and other federal district courts. There are new and updated forms and updated checklists, including Form I-783, FBI Identity History Summary Check Application; Chart – Common Criminal-Related Grounds of Inadmissibility; Overview of E-Filing with EOIR Locally During COVID-19; Sample of Status Docket Hearing Notice; EOIR Form 33-IC – Alien’s Change of Address-Phone Number Form; Sample Pretrial Order of Immigration Judge; Sample Payment of Filing Fee Cover Letter; EOIR Policy Memo 20-11 – Filing and Signatures.
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CHAPTER 1
An Introduction to Immigration Law
Introduction; Trump Effect on U.S. Immigration; Nonimmigrant Visas: Temporary Admission to the United States; Immigrant Visas: Paths to Lawful Permanent Residency; Miscellaneous Areas; Agencies Involved in Immigration Law; Source Materials; Recommended Steps for New Practitioners; Practice-Based Considerations
– Paschal Obinnaya Nwokocha
CHAPTER 2
Permanent Residency Through Family-Based Applications
Introduction; The Family Immigration System; Appendix A – Sample Domestic Abuse Victim Declaration
– Kwao Amegashie
CHAPTER 3
Immigration Visa Processing: A Roadmap
Introduction; Immigrant Visa Processing: A Roadmap; Preparing the Client for the Consular Interview; Ciudad Juarez Processing; Travel Ban Cases; Additional Pre and Post Interview Processing Issues; Practice Tips for Resolving Post-Interview Problems; Conclusion
– Michael H. Davis & Brenda Perez
CHAPTER 4
Provisional Waivers of Inadmissibility for Unlawful Presence and Related Waiver Issues
Introduction; Eligibility Requirements; Process; Eligibility Standards; Potential Pitfalls in Provisional Waiver Cases; Special Considerations for Persons in Removal Proceedings; Traditional Waivers
– Michael H. Davis & Cassondre K. Buteyn
CHAPTER 5
“Crimmigration” – The Intersection Between Criminal Law and Federal Immigration Law
Introduction; Convictions; Crimes; Inadmissibility; Removability; Impact of Driving Under the Influence; Representing Noncitizens in the Minnesota State Criminal Courts; Appendix A – MNCIS MPA Main Page; Appendix B – MNCIS Search Page; Appendix C – MNCIS No Results Report; Appendix D – MNCIS Search Results Report; Appendix E – MNCIS Register of Actions; Appendix F – BCA No Result Report; Appendix G – BCA Search Report; Appendix H – Sample Informed Consent Form; Appendix I – Sample Immigration Status/Citizenship Declaration and Acknowledgment Form; Appendix J – Immigration Consequences of Crimes Summary Checklist; Appendix K – Form I-783 – FBI Identity History Summary Check Application; Appendix L – Common Criminal-Related Grounds of Inadmissibility
– Erica Davis & Lucy Egberg
CHAPTER 6
An Overview of Minnesota’s Immigration Court, How to Handle Your First Appearance(s) in Immigration Court and a Road Map to Relief From Removal
Introduction; Immigration Courts Generally; An Overview of Minnesota’s Immigration Court; How to Handle Your First Master Calendar Hearing; How to Handle the Second Master Calendar Hearing; Filing Pleadings in Immigration Court; Detained Docket; Juvenile and Family Docket (Formerly the “Expedited” Docket); Expanded Removal Priorities – Executive Action and Court Decisons; Conclusion; Appendix A – Important Immigration Contact Information; Appendix B – Office of Principal Legal Advisor Attorney Directory, Updated Jan. 2020; Appendix C – Sample Form EOIR-28; Appendix D – Form G-28 – Notice of Entry of Appearance as Attorney or Accredited Representative; Appendix E – Sample Proof of Service; Appendix F – Sample Respondent’s Motion to Recalendar and Terminate Removal Proceedings (Not Detained); Appendix G – ICPM Appendix P: Sample Table of Contents; Appendix H – ICPM Appendix Q: Sample Proposed Order; Appendix I – Sample Respondent’s Written Pleading; Appendix J – Sample Certificate of Interpretation; Appendix K – Sample Proposed Order; Appendix L – Custody Redetermination Questionnaire; Appendix M – Form I-589 Instructions; Appendix N – E-Filing with EOIR Locally During COVID-19; Appendix O – Sample Status Docket Hearing Notice; Appendix P – EOIR Form 33-IC – Alien’s Change of Address-Phone Number Form; Appendix Q – Sample Pretrial Order of Immigration Judge; Appendix R – Sample Payment of Filing Fee Cover Letter; Appendix S – EOIR Policy Memo 20-11 – Filing and Signatures
– Hon. Nelson L. Peralta & Mirella O. Ceja-Orozco
CHAPTER 7
Cancellation of Removal
Overview; Cancellation of Removal for Certain Permanent Residents (Form EOIR-42A); Cancellation of Removal and Adjustment of Status for Certain Nonpermanent Residents (Form EOIR-42B); Violence Against Women Act Special Rule Cancellation of Removal; Annual Cap on Grants; The Nicaraguan Adjustment and Central American Relief Act; Procedures for Preparing and Filing the Cancellation of Removal Application; Pre-Hearing Conferences; Ways to Improve the Lawyer’s (and Client’s) Chances in Court; Appendix A – Acronyms; Appendix B – U.S.C. and INA Cross-Reference Table; Appendix C – Sample Form EOIR-42A, Application for Cancellation of Removal for Certain Permanent Residents; Appendix D – Form EOIR-26A: Fee Waiver Request Form; Appendix E – Instruction Letter to Obtain New Fingerprint Appointment; Appendix F – Sample Order; Appendix G – Sample Form EOIR-42B, Application for Cancellation of Removal and Adjustment of Status for Certain Nonpermanent Residents; Appendix H – Sample Questionnaire; Appendix I – Form G-325A, Biographic Information; Appendix J – OCIJ Operating Policies and Procedures Memorandum 17-04; Appendix K – Sample Checklist for Application and Hearing Preparation; Appendix L – Instructions for Forms I-485, I-191, I-601, I-881, EOIR-40, EOIR-42A, or EOIR-42B; Appendix M – Form I-881 and Form Instructions; Appendix N – Sample Cancellation of Removal Questionnaire
– Gloria Edin Contreras & Nico Ratkowski
CHAPTER 8
Protection-Based Relief: Forging a Path to Permanent Status
General Information; Asylum, Withholding of Removal, and Relief Under the Convention Against Torture; T Visa; U Visa; Special Immigrant Juvenile Status
– Sarah Brenes, Allison Griffith & Lindsey Greising
CHAPTER 9
Special Forms of Temporary Relief
Introduction; Deferred Action for Childhood Arrivals; Temporary Protected Status; Deferred Enforced Departure; Administrative Closure; Liberian Refugee Immigration Fairness (LRIF); Appendix A – Annotated Form I-821 – Application for Temporary Protected Status; Appendix B – Authorization for Release of Information
– Cassondre K. Buteyn
CHAPTER 10
Employment-Based Visas: An Overview
Introduction; Employment-Based Immigration Law: Basic Concepts; Employment Based Nonimmigrant Visas and Status; Employment-Based Immigrant Visas and Status; Appendix A – Employee’s Consent to Joint Representation
– Loan T. Huynh & Zhu “June” Cheng
CHAPTER 11
Naturalizations
Introduction; Eligibility to Naturalize; USCIS Will Scrutinize Underlying LAPR Status; Strategies for Challenging Naturalization Cases; Dealing With Delay and Denial; Denaturalization; The Trump Effect on Naturalization
– David L. Wilson & Brittany S. Bakken
CHAPTER 12
Avoiding Ethical and Criminal Pitfalls in the Practice of Immigration Law
Introduction; Defining Who the Client Is and When Representation Begins; Importance of Defining the Scope of the Representation; Duties After the Matter Ends; Which Ethical Issues are Most Often Litigated Before the Courts and Agencies; Governance of Attorney Ethics by Regulation; Criminal and Civil Concerns for the Unwary; Raising Ethical Violations as Part of a Litigation Strategy
– David L. Wilson
Table of Authorities
Subject Index
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