Immigration and Nationality Law: Problems and Strategies

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ISBN: 9780327179535
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Immigration and Nationality Law: Problems and Strategies introduces the reader to the legal concepts and experience of practicing immigration law. This book is designed for both law students and attorneys as it covers not only statutory provisions and key immigration law cases, it also provides an understanding to the many government agencies involved in the immigration process and how to navigate the wide variety of adjudications that are central to the U.S. immigration system.

Immigration and Nationality Law: Problems and Strategies includes problems that ask the reader, from a variety of legal roles, to learn how to solve common immigration problems. By working through these problems the user will observe the immigration process from initial sponsorship to the United States, to seeking admission at the border, to finding and maintaining status and securing permanent resident status within the United States.

Immigration and Nationality Law: Problems and Strategies moves through the complex issues of determining whether a person is inadmissible or barred from securing status or entering the United States. It explores the removal process and which categories of people and what type of behavior can subject a noncitizen to expulsion. It then continues with an examination of the forms of relief from removal and asylum and other humanitarian protections. The text closes with the ultimate goal of many immigrants -- naturalization. Other ways to acquire or derive U.S. citizenship are also explored.

REVIEW:
Stephen J. Navarre, Principal of The Navarre Law Firm, LLC. said:“Immigration and Nationality Law: Problems and Strategies has quickly become one of the primary training tools in our office. The explanations regarding the law are precise yet are free of unnecessary jargon that is often the bane of technical subjects. The Problems section alone is worth the price of the book. They provide real life scenarios that are incredibly useful for staff training and development. I highly recommend this resource for any immigration firm.”

Table of Contents

Chapter 1 IMMIGRATION LAW IN CONTEXT: EXPLORING THE FOUNDATIONS OF CONSTITUTIONAL POWER AND IMMIGRATION CONTROLS FROM CRIMINAL PENALTIES TO EMPLOYER SANCTIONS

§ 1.01 Welcome to Immigration Law

§ 1.02 Immigration Law and the U.S. Constitution

Chapter 2 IMMIGRATION POWER: FINDING THE DIVIDING LINES

§ 2.01 Rights and Procedures at the Border

§ 2.02 Constitutional Analysis: Rights at the Border

§ 2.03 Crossing into the Interior? Rights Within the U.S. Territory

§ 2.04 Revisiting the Dividing Lines

Chapter 3 NONIMMIGRANT VISAS AND MAINTAINING STATUS IN THE UNITED STATES

§ 3.01 Introduction

§ 3.02 Exploring the Nonimmigrant Categories

§ 3.03 Strategic Use of the Nonimmigration Categories

§ 3.04 Weaving Nonimmigrant and Immigration Options-Thinking Ahead

§ 3.05 Exploring Uncommon Nonimmigrant Visas

Chapter 4 IMMIGRANTS AND PATHS TO PERMANENT RESIDENT STATUS

§ 4.01 Introduction: Choosing a Strategy

§ 4.02 The Family-Based Categories

§ 4.03 When Can Labor Certification be Waived?

§ 4.04 The Final Step: Immigrant Visa Processing or Adjustment of Status

Chapter 5 INADMISSIBILITY: IN EVERY CONTEXT

§ 5.01 Inadmissibility: An Introduction

§ 5.02 Where Does Inadmissibility Occur?

§ 5.03 Grounds of Exclusion Or Inadmissibility

§ 5.04 Exploring Waivers

§ 5.05 The Link Between Inadmissibility and Deportation

Chapter 6 DEPORTABILITY AND THE REMOVAL PROCESS

§ 6.01 The Power to Remove

§ 6.02 Exploring Some of the Grounds of Deportability

§ 6.03 Convictions and Relief

§ 6.04 Immigration Proceedings

§ 6.05 Detention Relating to Removal Proceedings

§ 6.06 Executing an Order of Removal

Chapter 7 RELIEF FROM REMOVAL

§ 7.01 Relief From Removal

§ 7.02 Deferred Action and Prosecutorial Discretion

§ 7.03 Additional Forms of Relief

Chapter 8 ASYLUM AND RELIEF FOR PEOPLE SEEKING REFUGE

§ 8.01 Introduction: Refugees and Asylees

§ 8.02 Comparing Asylum and Withholding Of Removal

§ 8.03 Constraints, Limits, Cessation

§ 8.04 Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment

8.05 Procedural Issues

Chapter 9 U.S. CITIZENSHIP AND NATURALIZATION

§ 9.01 Introduction to U.S. Citizenship

§ 9.02 Applying for U.S. Citizenship (Naturalization)

§ 9.03 Other Ways to Acquire U.S. Citizenship

§ 9.04 Losing Citizenship Status

§ 9.05 Naturalization as the Last Step in the Immigration Process

Table of Cases

Index