Immigration and Nationality Law: Problems and Strategies

Immigration and Nationality Law: Problems and Strategies introduces the reader to the legal concepts and experience of practicing immigration law.
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2nd Edition
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ISBN: 9781531014759
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Book Edition: 2020-03

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Immigration and Nationality Law: Problems and Strategies introduces the reader to the legal concepts and experience of practicing immigration law by presenting the material through a series of hypotheticals. This book is designed for both law students and attorneys as it covers not only statutory provisions and key immigration law cases, but 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. Updated for the second edition, the book goes beyond doctrine to implications for strategies and policy.

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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