Understanding Immigration Law and Practice (Aspen Paralegal Series)

At a time when immigration law is in flux, Understanding Immigration Law and Practice offers a thorough, accessible, and practical approach to understand and apply U.S. laws and regulations to help protect refugees, bring needed workers to the U.S, prevent separation of and reunite families, and provide relief to foreign nationals facing removal proceedings. Attuned to the sensitivity and responsibility necessary to ensure just results in high stakes immigration cases, the authors, who have a combined 35-plus years of front-line experience, provide readers with in-depth information and highlight readers recent changes and ongoing litigation where applicable. In addition, the book offers a new section on enforcement in both in the non-and employment-based contexts, providing avenues for discussions on matters of policy. They generously and freely offer their knowledge and insights into the complex legal issues faced by immigration clients, followed up by proposing strategies for the professionals seeking to help them.

New to the Second Edition:

• Major revisions that reflect a new focus on strict enforcement of immigration laws and the use of Executive Orders and procedural changes that affect the implementation and application of the law including:
  • Migrant Protection Protocols
  • Zero Tolerance Policy
  • Safe Third Country Proposals
  • Extreme vetting
  • Muslim Ban
• Updated discussions of significant legal changes arising from case law such as:
  • Pereira v. Sessions, a decision of the U.S. Supreme Court and subsequent decisions by the Board of Immigration Appeals and circuit courts, highlighting tensions around what information a valid notice to appear should contain.
  • Matter of A-B, which sought to categorically exclude asylum claims based on domestic and gang-based violence
  • Matter of L-A-B-R-, which severely restricts the use of continuances in removal proceedings
  • Matter of Castro Tum, which limits the ability of immigration judges to close removal proceedings administratively.
• Analysis of the changes to public charge requirements affecting family members seeking to immigrate or become permanent residents in the United States
• Review of the recent changes to the EB-5 or investor visa process as an avenue to achieve permanent residency for those who provide job creating investments in the United States

Professors, students, and legal practitioners new to the practice of immigration law will benefit from:

• Compact, accessible coverage of complex fluctuating U.S. immigration law and regulations, including:
  • Nonimmigrant visas, including B-1/B-2, F-1. H-1Bs, and visas for investment and trade.
  • Immigration options for humanitarian immigrants such as asylum seekers, refugees, survivors of domestic violence protected by the Violence Against Women Act (VAWA), SIJ, U, and T visa applicants.
  • Lawful permanent resident applications based on family relationships, employment, and investment, including adjustment of status, Permanent Labor Certification Program (PERM), and consular processing.
  • Grounds of inadmissibility, deportation, and immigration court removal processes, including waivers and relief from removal.
  • Explanation of immigration court procedures and relief available in removal proceedings
  • Naturalization and citizenship eligibility.
• Balanced coverage of statutory and procedural rules with practical insights to aid in problem solving.
• Numerous cases for discussion, with responses on the companion website available to instructors.
• Frequent vivid examples and cases from real life to assist readers in translating legal rules and theory into practice.
• Tools for student success, including learning objectives, marginal notes on key terms, and many documents and illustrations from actual practice.
• A chapter on managing the immigration practice, including performing case assessment and interviewing.
• Website updates to keep students and faculty current with the latest changes in this fast-moving subject area.