Edited by Nelson L. Peralta & Paschal O. Nwokocha
The Immigration Practice Deskbook was written by experienced practitioners and edited by Nelson L. Peralta. 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 over 30 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.
The 2018 Update to the Immigration Practice Deskbook includes updates to all 12 chapters. The Update includes an examination of the effects the current presidential administration is having on immigration practice and procedure, analysis of the travel ban, greatly expanded sections on T visas, U visas, and Special Immigrant Juvenile Status, and a new section on denaturalization. It also includes new case law from the U.S. Supreme Court, the Eighth Circuit Court of Appeals and other federal district courts, and the Board of Immigration Appeals. There are new forms and updated checklists, including USCIS Form I-821, Application for Temporary Protected Status, USCIS Form I-881, Application for Suspension of Deportation or Special Rule Cancellation of Removal, and Immigration Consequences of Convictions Summary Checklist with DACA Supplement.
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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
Permanent Residency Through Family-Based Applications
Introduction; The Family Immigration System; Appendix A – Sample Domestic Abuse Victim Declaration
– Kwao Amegashie
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
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 Person in Removal Proceedings; Traditional Waivers
– Michael H. Davis & Cassondre K. Buteyn
“Crimmigration” – The Intersection Between Criminal Law and Federal Immigration Law
Introduction; Convictions; Crimes; Inadmissibility; Removability; 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 – Immigration-Specific Sample Informed Consent Form; Appendix J – Sample FBI Release Form; Appendix K – Sample Immigration Status /Citizenship Declaration and Acknowledgment Form; Appendix L – Immigration Consequences of Crimes Summary Checklist
– Anne Carlson & Erica Davis
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; Expedited Juvenile and Family Docket; A Road Map to Relief From Removal; Conclusion; Appendix A – Important Immigration Contact Information; Appendix B – Office of Chief Counsel Attorney Directory; Appendix C – Sample Form EOIR-28; Appendix D – Sample Documents
– Nelson L. Peralta & Mirella O. Ceja-Orozco
Cancellation of Removal
Overview; Cancellation of removal for Certain Permanent Residents; Cancellation of Removal and Adjustment of Status for Certain Nonpermanent Residents; 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 12-01; 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, oe EOIR-42B; Appendix M – Form I881 and Form Instructions
– Judge Joseph Dierkes (Ret.) & Gloria Edin Contreras
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 & Courtnie Gore
Special Forms of Temporary Relief
Introduction; Deferred Action for Childhood Arrivals; Deferred Action for Parents of Americans and Lawful Permanent Residents; Temporary Protected Status; Deferred Enforced Departure; Administrative Closure in Prosecutorial Discretion; Appendix A – Annotated DACA Form I-821; Appendix B – Application for Temporary Protected Status; Appendix C – DACA Checklist; Appendix D – Sample DACA Cover Letter; Appendix E – Sample Proposed Order Administratively Closing Proceedings; Appendix F – Authorization for Release of Information
– Cassondre K. Buteyn
Employment-Based Visas: An Overview
Introduction; Employment-Based Immigration Law: Basic Concepts; Employment Based Nonimmigrant Visas and Status; Appendix A – Employee’s Consent to Joint Representation
– Loan T. Huynh & Zhu “June” Cheng
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
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
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