Immigration Practice 2008-2009

Price: $275.00 1750 pages. 1 Softcover Volume. Table of Cases. Table of Statutes. Index. One CD-Rom. Published July 2008.
ISBN-13: 978-1-57823-244-4

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Table of Contents

About the Book:
Immigration Practice covers 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 .

• 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, from forms and fees to detailed support letters to other supporting evidence.
• Explanations of potentially applicable visa options organized according to the attributes of the alien (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,  most useful Internet site URLs with explanation of the increasingly helpful free databases and tools available through each one.
  

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

"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 Chair of the national immigration practice group of Paul, Hastings,
Janofsky & Walker LLP. He is Former President of the American Immigration Lawyers Association
(AILA) [and General Counsel]. He was the 1997 recipient of AILA's Founders Award.

"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! It has all the addresses,
phone numbers, and lists that are needed constantly in immigration practice, plus tips on how to
fill out the most common forms. 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 was Co-Chairman of the
Immigration Law Committee of the Section of Litigation of the American Bar Association.

"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 Stern, Baker and McKenzie, Washington, DC, heads the firm's Global Migration
& Executive Transfers  group.

"I have just received your excellent treatise Immigration Practice. I would recommend it highly
as a valuable guide not only for a beginning immigration lawyer, but for the seasoned practitioner
as well."
- Ben Gim, Gim & Wong, New York, NY

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, ASEA Brown Boveri, Inc. Windsor, CT

Newer and regular practitioners have said:

"Immigration Practice is a tremendous guide through every possible contingency that a
lawyer may encounter in processing any sort of immigration petition. I would recommend this
book for anyone who qualifies for membership in the AILA/YLD."
- Ira L. Mazer, Philadelphia, PA

"Immigration Practice is the best reference tool I have looked at on the subject, and actually
a good read. For instance, as a new practitioner I avoided filing needless relative petitions by
reading the clear discussion about the derivative beneficiaries and "following to join" eligibility
and procedures."
- Jeffrey Kantor, Arlington, VA

"I truly use Immigration Practice as a bible for immigration practice. I generally read the
appropriate area of interest to which I need an answer, then refer to the statute and the regs.
It works quite well for me."
- Petro Morgos, Cherry Hill, NJ

"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

"Immigration Practice has quickly become my immigration "bible" as a first look source,
despite having a number of other fine works in my collection."
- Byron Toben, Montreal, Quebec (Ill. & NY bar)

"I'm a new disciple of your Immigration Practice book."
- Andre Michael Wang, Portland, OR

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

"Immigration Practice, is one of the most invaluable tools in my library. Although I did not
anticipate a career in immigration law, most of my clients are Korean and many are in need of
immigration assistance. Needless to say, your book is the next best thing to the Bible. For
someone who is just hanging out their shingle and is interested in establishing an immigration
practice your book is invaluable."
- Seung-Ho Choe, Rockville, MD

What’s New in Immigration Practice 2008-2009 Edition

• 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.
• Substantial revision, and to some extent reorganization, of Chapters 1-6, to reflect the
  latest understandings of the mechanics of immigration law practice, the agencies that
  govern it, and forms and legal authorities used to pursue it. Much of it was outdated, and
  the author has learned much since the previous significant revision. Practitioners are
  encouraged to read these Chapters straight through this year and to have staff do so.
• USCIS Filing fees are now listed in Appendix A with the expectation that practitioners will
  print and insert USCIS fee updates promulgated between book editions. Specific new
  approaches to fees, including not charging for interim work and travel pending adjustment,
  and automatic fee waiver for certain applications, is discussed in the text.
• State Department’s Petition Information Management System (PIMS), its effect on
  nonimmigrant visa processing, and procedures to reduce delays. § 7-2(c), Chapter 17.
• Procedures for the “recapturing” of time subject to maximum stays in H and L status. § 7-2(g).
• The Western Hemisphere Travel Initiative (WHTI) and its implications for document
  requirements for admission. § 7-3(a).
• Special treatment afforded to citizens of Palau, Micronesia, the Marshall Islands, the
  Northern Mariana Islands (CNMI) and American Samoa. § 7-3(a).
• Update of the nonimmigrant classifications chart to include typical limitations on visa validity,
  labor attestations. § 7-3(c)(1).
• Rationalization of shared traits and differences between H-1B and special options for
  nationals of Chile, Singapore, Australia, Canada and Mexico. §§ 7-3(c)(1), 17-4(b)(3), and
  17-4(b)(4)(iii) and (iv).
• Clarification of the rules for and implications of passport validity on periods of stay, etc.
  §§ 7-3(e)(2), 7-4(b).
• Clarifications of grounds and notification procedures for visa refusals. § 7-3(e)(5).
• A new section devoted to “Advanced Inspection,” including CBP’s Advance Passenger
  Information System (APIS), TSA’s “Secure Flight” program for air travelers and the Coast
  Guard’s eNOA/D system for sea travelers, updates of “trusted traveler programs, and updated
  treatment of “traveler redress” options. §§ 7-4(a)(1), 7-4(a)(2), and 10-2(b)
• Methods for correction of erroneous I-94 cards, §§ 7-4(b), 7-5(i).
• USCIS recognition of its initial error in CSPA retroactivity, now accepting applications and
  motions to reopen, plus strategies for categories still not covered. §§ 8-4(d), 14-7(a)(4).
• USCIS’ position that unauthorized work even after filing for adjustment counts against the 180
  days of grace provided by INA § 245(k). § 8-7(b)(5).
• The position, held at least by some USCIS offices, that work authorization is automatically
  terminated upon most nonimmigrants’ filing for adjustment.
• USCIS’ new approach to the timing of FBI name checks and lawsuit settlements for expediting
  certain cases to avoid social security consequences. §§ 8-(d)(1) and 12-3(c)(1)(ii).
• The important difference between lawful status and lack of unlawful presence. § 8-7(d)(1).
• The impact of expiration of an I-94 card issued upon return with advance parole. § 8-7(d)(2)(i).
• DHS’ occasional strategy to let an adjustment applicant depart but then revoke advance parole
  when the alien attempts readmission. § 8-7(d)(2)(i).
• Updating of the mechanics of immigrant visa processing. § 8-8.
• New statute treating time abroad of spouse or children accompanying a soldier as if in the U.S.
  § 9-2(c)(1).
• Biometrics requirement for reentry permit application. § 9-2(c)(4)(i).
• Reorganization and updating of the section on the Public Charge ground in light of new
  regulations and further interpretations. § 10-(d).
• Consular requirements for medical exams for nonimmigrant visas in light of arrests or conviction
  for DUI. § 10-6(a).
• Revised medical examination requirements for panel physicians overseas. § 10-6(a).
• Date of admission for CIMT within 5 years of admission. § 10-6(b)(1)(i).
• Updated discussion of the “categorical approach” to determining criminal removal grounds and
  when and how it applies. § 10 6(b)(2)(i).
• New statutory, regulatory, and policy definitions of terrorist removal grounds including “material
  support.” §§ 10-6(c), 16-4(d).
• Transfer of responsibility from ICE to USCIS of humanitarian parole adjudications. § 10-7(c).
• The AG’s efforts to reform the Office of Chief Immigration Judge, including the new Immigration
  Court Practice Manual. § 11-1.
• ICE detention standards and related decisions. § 11-3(f).
• Further clarification of procedures for seeking relief in immigration court, including paying fees
  and facilitating background checks. § 11-5.
• Good moral character clarifications. § 11-5(k).
• New USCIS requirements concerning N-648 disability findings in naturalization applications.
  § 12-3(c)(3)(vi).
• USCIS’ redesigned history and government exam and its phase-in schedule. § 12-3(c)(3)(vi).
• A new section on claims for citizenship at birth arising from law prior to the Child Citizenship Act
  0f 2000. § 12‑3(d)(3).
• Revised passport books and new passport cards and how to apply for them. § 12-4(a).
• USCIS’ processing of adjustment of status based on rank order. § 13-2(d).
• Family petitioners’ requirement to disclose certain crimes under the Adam Walsh Act. § 14-6.
• DOS’s severe limitation on processing of I-130 petitions at consulates. § 14-7(a)(1).
• USCIS’ effective elimination of K-3 process. § 14-7(a)(4).
• Procedures for marriage while in ICE detention. § 14-7(a)(5)(iii).
• USCIS’ reaction to court cases concerning the survival of pending spousal petitions after
  petitioner’s death. § 14-7(a)(6).
• Hague Convention procedures, now in force, for adoptions from certain countries. § 14-7(b)(5).
• Clarification of numerous rules and practices in relation to “employment creation” immigrants
  (investors). § 15-2(f).
• Full integration of the PERM process into Chapter 15’s reorganized discussion of permanent
  labor certification (previously an “overlay”), updated with learning from the many PERM FAQs
  and other pronouncements from the Department of Labor, as well as the first BALCA decisions
  in PERM cases. § 15-3.
• Centralization of labor certification functions in two national DOL centers. § 15-3(d)(4).
• DOL’s rule limiting labor certification validity periods, prohibiting labor certification substitutions,
  prohibiting payment of attorneys fees by aliens, instituting debarment and suspension penalties
  against employers and attorneys, and other fraud prevention requirements. § 15-3.
• U.S.-Canada “safe third country” rule implementation. § 16-4(c).
• “Cuban family reunification program” speeding parole of beneficiaries of approved I-130 petitions.
  § 16-7(e)
• Improved analysis of USCIS’ narrowing view of L-1 “specialized knowledge” and the “anti-job
  shopping” statute. § 17‑3(b)(5)(ii)
• Clarification of the mechanics and rules associated with blanket L visas. § 17-3(b)(7).
• DOS’ narrowing view of the TN “scientific technologist” category.§ 17-4(c)(2)(i).
• Expansion of the P-1 category for various international athletes and coaches. § 17-5(a)(2)(ii).
• Clarification of procedures for J-1 waivers, discussing any requirement of physicians receiving
  research-based J-1 waivers to spend 3 years in H-1B status with a contracted facility. §§17-5(c)(1)(ii),
  18‑5(b)(1)(vi).
• Automatic reinstatement of the home residency requirement if a physician fails to complete the
  three years of service under INA § 214(l). §17-5(c)(1)(ii).
• Changes to the physician immigrant “national interest waiver” provisions arising from the
  Schneider v. Chertoff lawsuit. §17-5(c)(1)(iii).
• Update of visa waiver program countries and passport requirements. § 18‑3(b)(2).
• Revisions to rules governing J-1 program compliance and penalties. § 18‑5(b)(1)(vi).
• Amendments to Form I-9 and the Employer Handbook. § 19-4(b).
• E-Verify’s expansion and operation, and ICE’s “IMAGE” program for employer compliance.
  § 19-4(d).
• Expanding notions about “constructive knowledge” of the employment of unauthorized aliens,
  including the ICE social security “no-match” rule and ICE’s “advisory” invitation for employers
  to contact ICE “for more information” about documents.  § 19-4(f).
• Increased use of criminal prosecution, and common criminal charges, plus increased I-9
  administrative fines. § 19-4(l) and (m).
• More discrimination lawsuits arising from aggressive I-9 practices. § 19-6.
• Coverage of administrative and court decisions on such topics as:
• warrantless searches of computers,
• visa waiver entrants applying for adjustment,
• retroactivity of the Child Status Protection Act,
• ineligibility of conditional parole grantees for adjustment of status,
• lack of effect of INA § 245(i) on the bars on reentry,
• “properly filed” for purposes of INA § 245(i),
• eligibility to use AC21 “portability” for adjustment in immigration court
  proceedings,
• lack of need to exhaust administrative remedies to sue for adjustment when
  DHS has not instituted proceedings,
• international travel by an LPR after a crime, definition of a crime involving moral
  turpitude (CIMT),
• the meaning of an aggravated felony as a “felony punishable under” a federal law,
• clarification when a state offense can constitute an aggravated felony,
• definition of aggravated felony crimes of illicit trafficking in a controlled substance,
  crime of violence, theft offense, forgery, and others,
• effect of domestic and foreign expungements, juvenile offenses (and the federal
  First Offender Program and state equivalents), and vacated convictions and
  sentences,
• effect of costs and surcharges concerning the definition of a conviction,
• effect of marijuana possession in certain special situations,
• opportunity to apply for the waiver as a defense to removal without applying for
  adjustment of status,
• whether checking the first box on Form I-9 can constitute a “false claim to citizenship,”
• effect of discharge based on alienage from voluntary training and service in the
  armed forces,
• challenges concerning notice of and appearance at immigration court hearings,
• court inquiries about pro se appearances,
• Eighth Amendment right against excessive bail,
• effect of noncompliance with Convention rights about consular notification,
• types of proceedings still subject to habeas corpus actions,
• immigration courts’ ability to consider striking similarities among affidavits in
  different cases,
• continuances of immigration court proceedings especially for purposes of adjustment
  of status,
• jurisdiction of federal courts after the REAL ID Act, especially concerning arguably
  discretionary decisions,
• retroactive permission to reapply for admission,
• availability of relief under former § 212(c),
• accumulation of continuous residence for eligibility for cancellation of removal,
• availability of adjustment of status and voluntary departure to arriving aliens in
  removal proceedings,
• workings and tolling of voluntary departure period,
• lack of notice of BIA decision, the “fugitive entitlement” doctrine,
• motions to reopen immigration proceedings even from outside the U.S.,
• whether the federal district court obtains exclusive jurisdiction in naturalization
  delay suits under INA § 336(b),
• invalidation of USCIS’ rule prohibiting naturalization while the alien is serving
  probation for any crime whatsoever,
• challenges to state requirements of passports or social security numbers to marry,
• extreme hardship petitions to remove conditions on permanent residence,
• special rule for adopted siblings up to age 18 regardless of which child is adopted first,
• overruling USCIS de novo determinations about state court assessments for consent
  in special immigrant juvenile petitions,
• inability to use an adjusted refugee of refugee exceptions to removal grounds,
• motions to reopen for asylum,
• inability of family members to derive a grant of withholding of removal,
• REAL ID’s impact on the asylum standards, particularly in mixed motive and credibility
  cases,
• economic hardship as persecution,
• the per se rule for spouses of Chinese women who have undergone forced sterilization
  or abortion,
• female genital mutilation as grounds for asylum,
• membership in a social group for asylum purposes, fear of persecution to a family
  member as a basis for asylum,
• polygraph tests for asylum cases,
• requirements for proof of identity beyond an asylum applicant’s testimony,
• requirements for authentication of a foreign public document,
• firm resettlement and ability to avoid persecution elsewhere in the home country,
• bars to asylum including infliction of persecution, particularly serious crimes, “may
  pose a danger,” and past frivolous filings,
• sufficiency of “diplomatic assurances” against torture upon return,
• a government’s acquiescence and “willful blindness” as basis for CAT claim,
• documentation of Cuban citizenship,
• requirements for ABC settlement participation,
• human resources manager as an H-1B specialty occupation,
• small company’s need of an H-1B management information services manager,
• employer’s backpay obligation including interest for “benching,”

About the Author:
Robert Divine, is the Chairman of the Immigration Group of Baker Donelson, a law firm of 540 lawyers and public policy advisors with offices in 14 cities from Washington, D.C. to New Orleans. Mr. Divine served in Washington, D.C. from July 2004 until November 2006 as the first Chief Counsel of United States Citizenship and Immigration Services (USCIS), the world's largest immigration services agency within the Department of Homeland Security (DHS). From July 2005 until July 2006, he served as Acting Director and then Acting Deputy Director of USCIS. In early 2004 he served as an expert for the U.S. Commission on International Religious Freedom evaluating the impact on asylum claims from DHS' implementation of expedited removal procedures. He has practiced immigration law since 1986 and is the current Chair of the American Immigration Lawyers Association’s liaison committee to the U.S. Department of State. He has served as an expert witness in U.S. and foreign courts. His practice includes all aspects of U.S. immigration law, representing large and small international and domestic employers, family sponsors, and individual foreign nationals. He has also litigated significant business matters, including class action employment discrimination, contract, commercial, product liability, antitrust, ERISA benefits, business torts (including RICO, misrepresentation, Consumer Protection Act), and immigration-related criminal matters.

About the Assisting Author:
R. Blake Chisam, updating author for the 2005 and 2006 editions and contributing editor, serves as Senior Counsel to the Immigration Subcommittee of the Judiciary Committee of the U.S. House of Representatives. Before accepting the invitation of the House leadership to undertake government service, Chisam practiced exclusively in the area of Immigration and Nationality Law as a partner several well know firms including his own. He advised organizations with respect to immigration-related policy, employment, civil rights, and health care law matters, including related white-collar criminal and regulatory compliance issues. Mr. Chisam served on Business Litigation committee. In October 2000, Mr. Chisam and his wife Jasmine A. Majid were awarded the Meritorious Public Service Award  by then Attorney General Janet Reno, in recognition of their "tireless and distinguished pro bono efforts on behalf of unrepresented aliens detained by the...Immigration and Naturalization Service."

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