Immigration Practice 2010-2011

Price: $295.00 2000 pages. 1 Softcover Volume. Table of Cases. Table of Statutes. Index. One CD-Rom. Published July 2010.
ISBN-13: 978-1-57823-281-9 / ISBN-10: 1578232813

Immigration Practice 2010-2011 $295.00

• Book Overview
• Table of Contents
• Chapters

About the Book:
Immigration Practice guides readers through 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.
The book 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, supporting evidence, and other strategies needed for application/petition packages. The book has unparalleled coherence, integration and consistency.

• Liberally cross references to other sections in the book where related topics are discussed (because so many topics are interrelated).
• Line-by-line instructions on how to complete the most commonly used forms to avoid embarrassing mistakes. 
• Lists the contents of packages to file with government agencies: forms and fees, detailed support letters, and other supporting evidence.
• Explanations of potentially applicable visa options organized according to the attributes of the foreign national (and the employer), rather than classifications in alphabetical order, so that practitioners can make sense of options in light of the client in the office.
• Comparisons and charts of attributes and procedures of such topics as nonimmigrant visa classifications, procedures to permanent residence, and standards of "extreme" hardship.
• Citations throughout the book, and collection in the extensive CD-ROM Appendix, to primary source materials and the most useful Internet site URLs with explanation of the increasingly helpful free databases and tools available through each one.

Praise for Immigration Practice:

            Some of the most experienced and acclaimed immigration lawyers in the nation have said:

"Having Immigration Practice is like having an AILA mentor sitting beside you at work.  Your real-world examples, suggestions and strategies make the morass of laws and regulations comprehensible."
- R. Mike Borland, Borland & Borland, Attorneys at Law, P.C., Midland, Texas

 "Immigration Practice is excellent and very practical. I use it for my Immigration Law classes. My students appreciate the focus on the real-life practice of Immigration Law, as opposed to the theory and policy of immigration.  The charts regarding eligibility for various visas and forms of relief are indispensable for students and practitioners alike."
- David C. Koelsch, Assistant Professor and Director, Immigration Law Clinic, University of Detroit
Mercy School of Law, named by AILA as Outstanding Immigration Law Professor for 2009.

"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 a leader of the national immigration firm of Barry, Appleman, & Leiden. He is Former President and General Counsel of the American Immigration Lawyers Association (AILA).

"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! I keep this volume on my desk as a convenient and thorough reference. You can tell that it was prepared by an experienced practitioner who understands the practical side of an immigration practice and who is result oriented."
- Dale M. Schwartz, Atlanta, GA is a 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 serves as an Adjunct Professor of Immigration Law at Emory University School of Law.

"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 and NAFSA: Association of International
Educators.

"I ordered a copy of Immigration Practice. We love it, and are using it frequently."
- Elizabeth Espin Stern, Baker and McKenzie, Washington, DC, heads the firm's Global Migration
& Executive Transfers  group.

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, Alstom Power, Inc.. Windsor, CT

Other practitioners have said:

"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

"I have enjoyed and profited a great deal from Immigration Practice."
- Philip Berns, Stamford, CT

 

"I just bought the latest edition of your book, Immigration Practice, and I use it every day. It is the best book on immigration available. I have used your book far more than any other since starting my practice in 2005. I am very grateful to you for writing it.

-K. Craig Dobson, Esq. Dobson Immigration Law & Policy, LLC. Hilton Head Island, SC.

 

 

•    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! Readers are strongly encouraged to review and use the CD-ROM and to consider drawing Appendix C, D-1, and E-1 into internet browser “favorites” or “bookmarks” for ready reference all the time.

•    Revised appendix concerning special immigration conditions for every country on earth, contained in CD-ROM at Appendix § C-6.

•    Supreme Court decisions: preserving judicial review of decisions made discretionary by regulation (§ 2-2(a)(1)(I)), remanding to BIA whether coercion or duress are excepted from the persecutor bar (§ 16-4(c)), preserving traditional factors in stays of removal (§ 11-6(b)), requiring knowledge of the use of an actual person's identity to constitute aggravated identity theft (§ 19-7(e)), requiring accurate advice on immigration consequences as part of constitutionally required effective assistance of criminal law counsel (§ 10-6(b)(2)(vi)), allowing proof of conditions outside of the “categorical” criminal record when the condition triggering immigration consequences is not normally an element of the crime (§ 10-6(b)(2)(2)(ii)); and considering whether an alien’s state conviction for illegal possession of a controlled substance qualifies as an “aggravated felony” (§ 10-6(b)(1)(vi)).

•    Lower federal court decisions concerning such issues as: what constitutes an “admission” (§§ 7-4(c)(1) and 8-8(e)(4)(iii)); improper USCIS rejection of filing with unsigned check (§ 1-6(b)), appealability of immigration agency decisions to federal courts (§ 2-2(a)(1)(I)), successful challenge to consular nonreviewability in first amendment case (§§ 7 3(e)(6)(vi) and 10 6(c)), single successful use of a 245(i) grandfathering petition (§ 8-7(b)(5)(ii)), innumerable issues concerning grounds and procedures for removal (chapters 10 and 11), § 336(b) lawsuits vesting exclusive jurisdiction in federal court (§ 12 3(c)(1)(ii)), the interplay of naturalization application and removal proceedings (§§ 12 3(c)(1)(iv) and 12 5(c)(3)(ii)), membership in a “particular social group” for asylum (§ 16 4(a)(3)), the possibility of overcoming a negative credibility finding in an asylum case (§ 16 4(a)(4)), extraordinary circumstances justifying exemption from the one-year rule for asylum claims (§ 16 4(c)), tension between removability and adjustment of status (based on marriage to USC) of Visa Waiver Program entrants (§ 18 3(b)(2)(iv)), NLRA duty to bargain with unions about no match policies (§ 19 4(e)), Puerto Rico’s invalidation of its birth certificates before 7/1/2010 (§ 19 4(e)),

•    BIA decisions on such issues as: IJ findings of frivolous asylum applications (§ 16-4(c)); aggravated felony including conspiracy without an overt act in furtherance of it (§ 10-6(b)(2)(vi)); unauthorized employment not a bar to 245(i) adjustment (§ 8-7(b)(5)(ii)); what constitutes "admission," and the effect of "rollback" provisions for Cuban adjustment and IRCA grantees, for purposes of adjustment rescission, aggravated felony and moral turpitude deportability, bars on waivers, and eligibility for suspension/cancellation (§§ 7-4(c)(1) and 8-8(e)(4)(iii) and other sections referenced there); asylum evidence and review standards and country reports evidence (§ 16-4(a)(4)); inclusion of a modified sentence from probation violation into the term of imprisonment for aggravated felony analysis (§ 10-6(b)(2)(i)); filing for asylum “within a reasonable period" given "changed circumstances" (§ 16-4(c)); 245(i) does not trump 212(a)(9)(C) (§ 8-7(b)(5)(ii)); use of step-relationships to establish hardship for relief from removal (§ 14-7(b)(3)); an alien's ability to file an I-751 without need of a waiver when the spouse has died during conditional residence (§ 14-7(a)(5)(i)); IJs' ability to adjudicate "ported" employment in adjustment applications (§ 8-7(d)(1)(ii)); the consequences of failure of the IJ to give advisals on grant of voluntary departure (§ 11-5(i)); EOIR's imposition of "reciprocal discipline" to state suspension or disbarment (§ 3-6); aiding and abetting evasion of inspection constitutes deportable smuggling (§ 10-6(i)); bond determinations concerning danger to the community (§ 11-3(f)); comprehensive approaches to continuance of proceedings in family and employment adjustment cases (§ 11-5(c)); drug paraphernalia encompassed in the controlled substance inadmissibility ground but not ineligible for waiver (§ 10-6(b)(1)(iv)); the availability of § 212(c) relief from deportability for a pre-IRRIRA plea that led to conviction in 2005 (§ 11-5(f)); an arriving alien's ability to apply for adjustment even with an outstanding unexecuted removal order (§ 11-5(d)); EOIR's jurisdiction to ameliorate the conditions of release such as electronic monitoring (§ 11-3(f)); use of the battered spouse cancellation of removal provisions by permanent residents ( 11-5(f));  EOIR jurisdiction to entertain motions to reopen in absentia orders of departed aliens (§ 11-3(e)); lack of BIA jurisdiction to hear appeals from IJ findings that an alien in expedited removal is a citizen (§ 17-4(c)(1)); EOIR jurisdiction to hear TPS applications regardless of exhaustion with USCIS (§ 16-7(a)(6)); no EOIR jurisdiction to review custody conditions of VWP entrant (§ 18-3(b)(2)(iv)); deportability grounds based on false claim to passport (§ 10-6(g)); BIA misreading of CSPA provision INA § 203(h) allowing preservation of priority date for any child who aged out of any category (§ 8-4(d)); A.G. vacating of Compean, reinstating Lozada for ineffective assistance of counsel motions to reopen (§ 11-7); and pending late-reinstated appeal of conviction does not undermine finality for immigration consequences (§ 10-6(b)(2)(iv)).

•    New statutes and implementing agency guidance concerning the following: imposing fees for use of ESTA in Visa Waiver Program travel (§ ¬¬¬18-3(b)(2)(iii)); extending provisions for E-Verify (§ 19-4(l)(1)), non-minister immigrant religious workers (§ 17-5(b)), certain J-1 waivers for physicians (§ 17-5(c)(1)(ii)), and EB-5 regional centers (§ ¬¬¬15-2(f)(5)); providing protection from the death of a sponsor or principal beneficiary (§ 14-7(a)(6), 14-7(d), 16 3(f)); and advisals and protections from abuse for certain temporary worker visa recipients (§§ 7-3(e), 17-5(h)(1)(ii) 18-3(a)(2)(ii), 18-5(b))

•    Regulations and government policy memorandums and other decisions concerning such matters as special arrangements for CNMI (§ ¬¬¬7-3(a)), employment relationship in H-1B and L-1 petitions (§§ 17 3(b)(5)(ii) and § 17 4(b)(4)(i)), infectious disease listings and vaccination requirements for medical examination of immigrants (§ 10 6(a)), EB-5 job creation issues and regional center project approvals (§ ¬¬¬15-2(f)), options for I-751 removal of conditions to permanent residence when divorce is pending but not completed (§ 14 7(a)(5)(i)), successorship of employers in employment based immigrant petitions (§ ¬¬¬15-1(i)), unlawful presence and its consequences (§ 10-6(f)), concurrent filing of I-360 for religious workers and I-485 (§ 8-7(b)(3) and 17-5(b)(2)(i)); Updated visa classifications from 8 CFR 41.12 (§ 7-3(c)(1)); Updated "6 Month Club" of countries whose passports are deemed valid for 6 months longer, allowing I-94 to passport expiration rather than 6 months before (§ 7-4(b)); allowing essentially unlimited stays for athletes and performers who step outside the U.S. for one day occasionally (§ 17-5(a)(2)(5)); new J-1 visa skills list and how prior skills lists still apply (§ 18 5(b)(2)(ix)); implementation of new DS-160 nonimmigrant visa application (§§ 1-6(a)(3) and 7-3(d) and (3)); name-based screening systems interplay (§ 1-7), Form G-1145 (§ 2-2(a)(1)(B)), DOL centralization of the prevailing wage determination process (§§ 2-4(a), 15-3(d)(1), and 17-4(b)(5)(i)), new Wage and Hour Division publications about employer responsibilities in H visas and PERMs (§§ 2-4(b) and § 17 4(b)(5)), revisions to Form G-28 (§ 3-5), premium processing again available for R-1 petitions for religious workers and steps to notify USCIS of early religious employment termination (§§ 7-2(c) and 17 5(b)(2)(ii)), revised rules on nonimmigrant visa interview waivers (§ 7-3(e)), CBP correction of erroneous I-94s (§ 7 4(b)), evolution of USCIS thinking about when a new LCA and/or petition is required when an H-1B worker’s location changes (§§ 7 5(b)(1)(i) and 15-3(c)(2)), elimination, in effect, of K-3 petitions, and of ability to challenge K-1 consular returns (§ 14 7(a)(4)), numerous BALCA decisions supporting PERM denials on highly technical grounds (§ 15-3), ICE policy to expand release of aliens found to have credible fear (§ 16 3(a)(1)(iv)), DOL denial of LCAs based on FEIN data inconsistencies (§ 17 4(b)(5)(i)), offer of return transportation cost as sufficient to cut off wage obligations (§ 17 4(b)(5)(ii)), impact of H-1B dependent employer’s failure to inquire of end user about displacement issues (§ 17 4(b)(5)(iii)), expanded list of countries eligible to use H-2A and H-2B programs (§ 17 4(d)(2)(i)), revised H-2B process (§ 17 4(d)(2)(ii)), credentials required for immigrant physicians (§ 17 5(c)(1)(iii)), new rules for H-2A workers (§ 17 5(e)(1)), new ICE SEVP policies on F-1 to H-1B “cap gap” optional practical training (§ 18 4(d)(9)(iii)), ICE revised policy on I-9 fines calculations (§ 19 4(j)), more RICO lawsuits against employers based on hiring unauthorized workers (§ 19 4(k)), and E-Verify developments and USCIS guidance including concerning federal contractors (§ 19-4(l)(1)).

•    New instructions about completing Forms I-129 and ETA-9089 (App. §§ D-3 and D-15).

•    New § 3-9 concerning the unauthorized practice of law.

•    Improved discussion about effect of travel while petitions and applications are pending (§ 7-5(d)), adjustment applicants caught years waiting for retrogressed visa numbers (§ 8 3(e)), how to alert USCIS or NVC to special circumstances such as alternate chargeability, retention of past petition priority date, etc. (§ 8 7(c) and § 8 8(b)(1)), immigration courts’ authority to adjudicate permanent portability in employment based cases (§ 8 7(d)(1)(ii)), categorical, modified categorical, and other approaches to determining criminal basis for immigration consequences (§ 10 6(b)(2)(i)), “normal” job requirements for PERM (§ 15 3(c)(8)), PERM reconsideration and appeals (§15 3(f)), suggestions for dealing with various government errors (see §§ 1-6(c)(2), § 2-2(a)(1)(B); 11-6(a), 15-3(e), 17 4(b)(5)(i)), and credentials evaluations in relation to ACCRAO’s EDGE database (§ 1-8).

Book Overview | Table of Contents | Chapters