A Guide for Immigration Advocates

Table of Contents
Unit 12: Applying for Cancellation of Removal [for LPRs] under INA 240A(a) (Formerly the 212(c) Waiver)
§ 12.1 Introduction: Cancellation of Removal and the Former 212(c) Waiver
§ 12.2 Overview of Legal Requirements
§ 12.3 Seven Years Continuous Residence after Admission
§ 12.4 A Noncitizen Who Has Been Convicted of an Aggravated Felony Is Barred from Eligibility for Cancellation of Removal
§ 12.5 Other Groups Who Are Ineligible
§ 12.6 The Balance Test
§ 12.7 Positive Factors
§ 12.8 Factors on the Negative Side
§ 12.9 Proving Rehabilitation: The Three Story Approach
§ 12.10 Summary of Procedure
§ 12.11 Preparing the Client for the Hearing
§ 12.12 Legal Requirements for Applying for § 212(c) Relief in Removal Proceedings
Further Information
Appendix 12-A
Appendix 12-B
Appendix 12-C
Appendix 12-D
Appendix 12-E
Unit 13: Ethical Duties of Paralegals
§ 13.1 Overview of Authorized and Unauthorized Practice of Law
§ 13.2 What Is Authorized Practice of Law?
§ 13.3 Explicitly Authorized Representation in Immigration Cases
§ 13.4 Entering an Appearance
§ 13.5 Paralegals Working under the Supervision of a Lawyer
§ 13.6 The Independent Paralegal and Immigration Consultants
§ 13.7 Overview of Ethical Duties
§ 13.8 What Are Legal Ethics?
§ 13.9 What Other Rules Govern Ethics of Nonlawyers?
§ 13.10 The Duty of Zealous Representation
§ 13.11 The Duty of Competence
§ 13.12 Duty of Client Confidentiality and Privileged Information
§ 13.13 Grounds for Discipline before DHS Immigration Agencies and EOIR
§ 13.14 Disciplinary System of the DHS and EOIR
§ 13.15 Summary Disciplinary Proceedings and Immediate Suspension
§ 13.16 Forms of Discipline
§ 13.17 Reinstatement
§ 13.18 Confidentiality in Disciplinary Proceedings
§ 13.19 Malpractice
§ 13.20 Tips for Giving Professional Service and Avoiding Professional Discipline
§ 13.21 Other Legal Actions by Disgruntled Clients
§ 13.22 Introduction to BIA Accreditation
§ 13.23 How to Apply for Recognition of Your Agency
§ 13.24 How to Apply to Become an Accredited Representative
§ 13.25 Limits of Recognition
Further Information
Appendix 13-A
Appendix 13-B
Appendix 13-C
Appendix 13-D
Appendix 13-E
Appendix 13-F
Appendix 13-G
Appendix 13-H
Appendix 13-I
Appendix 13-J
Appendix 13-K
Unit 14: Asylum
§ 14.1 Overview of Asylum Law
§ 14.2 The Statute: Legal Requirements for Eligibility for Asylum
§ 14.3 Other Sources of the Law on Asylum: The Regulations, Case Law and the U.N. Handbook
§ 14.4 Well-Founded Fear of Persecution
§ 14.5 Past Persecution
§ 14.6 What Is Persecution?
§ 14.7 Persecutors: Government and Non-Governmental Forces
§ 14.8 Connecting Persecution to the “Enumerated Grounds”
§ 14.9 Political Opinion
§ 14.10 Imputed Political Opinion
§ 14.11 Membership in a Particular Social Group
§ 14.12 Nationality
§ 14.13 Race
§ 14.14 Religion
§ 14.15 The REAL ID Act and Corroboration
§ 14.16 Bars to Asylum and Discretion
§ 14.17 Affirmative Applications before the CIS
§ 14.18 Defensive Asylum in Removal Proceedings
§ 14.19 “Should I Apply for Asylum?” Analysis of Risks and Benefits
Further Information
Appendix14-A
Appendix 14-B
Unit 15: Asylum & Withholding of Removal; Statutory Bars to Asylum & Withholding on Removal; Preparing a Declaration
§ 15.1 Comparing Asylum and Withholding of Removal
§ 15.2 Differences in the Legal Standard
§ 15.3 Differences in Benefits
§ 15.4 Bars to Both Asylum and Withholding of Removal
§ 15.5 Statutory Bars to Asylum Which Do Not Apply to Withholding of Removal
§ 15.6 Discretion in Asylum Cases
§ 15.7 Relief under the Torture Convention
§ 15.8 Overview of Declarations
§ 15.9 Organization of an Asylum Declaration
§ 15.10 Use of Details in Declarations
§ 15.11 Working Together with Your Client to Write the Declaration
§ 15.12 Interviewing the Applicant (The Circle Method)
§ 15.13 Drafting a Declaration
Further Information
Appendix 15-A
Appendix 15-B
Appendix 15-C
Appendix 15-D
Appendix 15-E
Unit 16: U & T Visas, Registry, Legalization, Family Unity & Discretionary Relief
§ 16.1 Introduction
§ 16.2 Who Is Eligible for U Nonimmigrant Status?
§ 16.3 Applying for the U Visa
§ 16.4 Adjustment of Status
§ 16.5 Derivative Family Members
§ 16.6 The T Visa for Victims of Trafficking
§ 16.7 Requirements for T Nonimmigrant Visas
§ 16.8 Establishing That the Applicant Is a Victim of a Severe Form of Trafficking in Persons
§ 16.9 Application and Adjustment to Lawful Permanent Residence
§ 16.10 Overview of the Law of Registry
§ 16.11 Entry before 1972
§ 16.12 Continuous Residence in the U.S.
§ 16.13 Good Moral Character and Not Ineligible to Citizenship
§ 16.14 Grounds of Inadmissibility and Deportation
§ 16.15 Discretionary Denials
§ 16.16 Registry Application Procedure: Persons Not in Proceedings
§ 16.17 Applications in Removal Proceedings
§ 16.18 Documenting Residence for Registry Applications
§ 16.19 Documentation: Use of Affidavits
§ 16.20 Overview of the Immigration Reform & Control Act of 1986
§ 16.21 Legalization Program for Persons in U.S. since before 1/1/82
§ 16.22 Legalization Program for Agricultural Workers
§ 16.23 Legalization Denials: Appeals and Reopening
§ 16.24 Late Legalization or Late Amnesty
§ 16.25 Nicaraguan and Cuban Adjustment under the Nicaraguan Adjustment and Central American Relief Act of 1997
§ 16.26 The Haitian Refugee Immigration Fairness Act of 1998
§ 16.27 Introduction: Family Unity
§ 16.28 Basic Eligibility Requirements for Family Unity
§ 16.29 Who Is a Legalized Alien?
§ 16.30 Children under 21 as of the Applicable Date in 1988
§ 16.31 Spouse
§ 16.32 Residence in the U.S. since before the Applicable Date in 1988
§ 16.33 Effect of Absences from U.S.
§ 16.34 Applicants Do Not Have to Remain Eligible for a Second Preference Visa
§ 16.35 Children Born Abroad to Mothers with Family Unity
§ 16.36 Criminal Disqualifying Grounds
§ 16.37 Other Grounds of Disqualification from Family Unity
§ 16.38 Benefits of Family Unity
§ 16.39 Limitations of Family Unity Status
§ 16.40 Overview of Types of Voluntary Departure
§ 16.41 Voluntary Departure as a Removal Defense
§ 16.42 Eligibility and Grounds of Disqualification
§ 16.43 Effective Date of Law with Warnings
§ 16.44 Clients Who Wish to Apply for Relief in Removal Proceedings May Apply Only for the Third Type of Voluntary Departure
§ 16.45 Stays of Deportation/Removal
§ 16.46 Prosecutorial Discretion
§ 16.47 Deferred Action
§ 16.48 Deferred Action for Childhood Arrivals
§ 16.49 Criminal Bars to DACA
§ 16.50 Continuous Residence and Travel Requirements for DACA
§ 16.51 Educational Requirements for DACA
§ 16.52 What Does an Approval of DACA Provide?
§ 16.53 Renewal Process
§ 16.54 Deferred Action in Sympathetic Cases
§ 16.55 Private Bills Passed by Congress
Appendix 16-A
Appendix 16-B
Appendix 16-C
Appendix 16-D
Appendix 16-E
Appendix 16-F
Appendix 16-G
Unit 17: Naturalization & Acquisition & Derivation of Citizenship for Children
§ 17.1 What Is Naturalization?
§ 17.2 Advantages and Disadvantages of the Naturalization Process
§ 17.3 The Nine Requirements
§ 17.4 Lawful Permanent Resident Status: INA § 318
§ 17.5 Age: INA § 334(b)
§ 17.6 Residence: INA § 316
§ 17.6(a) Abandonment of Residence: Losing One’s Status as an LPR
§ 17.6(b) Special Exception: Nationals of the United States
§ 17.6(c) Special Exception: People Serving in the U.S. Armed Services
§ 17.7 Good Moral Character: INA § 316(a)(3)
§ 17.8 Temporary Bars to Naturalization
§ 17.9 Permanent Ineligibility for Naturalization
§ 17.10 English Language: INA § 312(a)(1)
§ 17.11 U.S. History and Government: INA § 312(a)(2)
§ 17.12 Belief in the Principles of the U.S. and the Oath of Allegiance: INA § 316(a)(3)
§ 17.13 Step One: The Application
§ 17.14 Step Two: The Interview and Naturalization Application
§ 17.15 Step Three: The Final Hearing and the Oath of Allegiance
§ 17.16 Contested Naturalization Proceedings
§ 17.17 Overview of Acquisition and Derivation of Citizenship
§ 17.18 Introduction to Acquisition of Citizenship
§ 17.19 Who Can Acquire Citizenship at Birth outside of the U.S.?
§ 17.20 How to Use the Charts
§ 17.21 Documenting a Claim of Acquisition of Citizenship
§ 17.22 Acquisition of Citizenship Exercises
§ 17.23 Derivation of Citizenship
§ 17.24 Who Can Derive Citizenship
§ 17.25 Using the Chart to Determine Derivative Status
§ 17.26 Child Citizenship Act of 2000
§ 17.27 Submitting an Application for and Documenting a Claim of Derivative Citizenship
§ 17.28 How to Appeal a Denial of a § 320 Citizenship Application
§ 17.29 Section 322: Citizenship for Children
§ 17.30 Introduction to Loss of Citizenship
§ 17.31 Expatriation
§ 17.32 Denaturalization: INA § 340
§ 17.33 Denaturalization Proceedings: INA § 340 -- 8 CFR § 340.2
§ 17.34 Practice Questions
Further Information
Appendix 17-A
Appendix 17-B
Appendix 17-C
Appendix 17-D
Appendix 17-E
Appendix 17-F
Appendix 17-G
Appendix 17-H
Unit 18: Identifying Immigration Solutions
§ 18.1 Introduction
§ 18.2 A Systematic Approach to Identifying Solutions
§ 18.3 Long-Term Option Sheet
§ 18.4 Incorporation into the Case File
§ 18.5 Two-Part Approach
§ 18.6 Sample Exercises
Appendix 18-A
Appendix 18-B
Appendix 18-C
Appendix 18-D
Appendix 18-E
Appendix 18-F
Appendix 18-G
Appendix 18-H
Appendix 18-I
Appendix 18-J
Appendix 18-K
Appendix 18-L
Unit 19: Constitutional & Statutory Rights of Immigrants
§ 19.1 Overview of the Unit
§ 19.2 Overview of Constitutional Rights
§ 19.3 Authority to Question People about Immigration Status
§ 19.4 Questioning and Types of “Stops” of Immigrants
§ 19.5 The Right to Remain Silent
§ 19.6 Searches
§ 19.7 Rights in Public Places
§ 19.8 Rights in the Home and Other Private Places
§ 19.9 Rights at Schools and Places of Worship
§ 19.10 Workplace Raids
§ 19.11 Rights in Automobiles
§ 19.12 Rights at the Border
§ 19.13 Rights at Border Equivalents: Airports, Trains/Buses
§ 19.14 Rights upon Being Arrested by the DHS and While in DHS Detention
§ 19.15 Right to Legal Representation
§ 19.16 Rights Regarding Immigration Detainers/Holds for Those in Criminal Custody
§ 19.17 Rights of Juveniles
§ 19.18 The “Equal Protection” Rights of Immigrants
§ 19.19 Right Not to Be Discriminated against in Employment
§ 19.20 Rights around Worker Exploitation
§ 19.21 Right to Public Education
§ 19.22 An Overview
§ 19.23 Administrative Complaints
§ 19.24 Lawsuits against the DHS
§ 19.25 Raising Violations of Rights in Removal Hearings: Motions to Suppress and Motions to Terminate
§ 19.26 Organizing a Community Response to Rights Abuses
§ 19.27 Legal Support When Rights Have Been Violated
Appendix 19-A
Appendix 19-B
Appendix 19-C
Appendix 19-D
Appendix 19-E
Appendix 19-F
Appendix 19-G
Appendix 19-H
Appendix 19-I
Unit 20: Negotiation Skills & Building Community Support
§ 20.1 What Is Negotiation?
§ 20.2 Clients as Negotiators
§ 20.3 Negotiating: Practical Tips
§ 20.4 Negotiation Strategies
§ 20.5 Introduction
§ 20.6 Obtaining Letters and Testimony
§ 20.7 Organizing Campaigns in the Immigrant Community
§ 20.8 Encouraging Clients to Be Advocates
§ 20.9 Helping Immigrants Form Immigrant-Based Committees
§ 20.10 Committee Activities
§ 20.11 Media Coverage
§ 20.12 Effectiveness of the Public Campaign on Family Unity
§ 20.13 Public Campaign on Income Requirement for Affidavits of Support: The Ana Rivera Case
Appendix 20-A
Appendix 20-B
Appendix 20-C
Appendix 20-D
Appendix 20-E
Unit 21: History of Immigration Law & Policy & Employment-Based Immigration
§ 21.1 The Interests That Affect U.S. Immigration Policy
§ 21.2 The First Immigrants (Colonial–1800)
§ 21.3 European Immigration to the East Coast, the First Wave: 1800s
§ 21.4 Chinese Immigration to the West Coast, 1848–1890
§ 21.5 The Second Wave of Europeans (1880–1915)
§ 21.6 West Coast II, Mexican Migration (1900–1930)
§ 21.7 1938–1965: World War II and McCarthyism
§ 21.8 Changing Political Views (1965–1976)
§ 21.9 Refugee Act of 1980 and Act of 1986
§ 21.10 The Anti-Immigrant Crusades of the 1990s
§ 21.11 The Effects of September 11
§ 21.12 Conclusions
§ 21.13 A Word to Nonprofit Agency Staff on Employment Visas
§ 21.14 Overview and Relation to Other Immigration Options
§ 21.15 The Employment-Based Preference System
§ 21.16 The First Preference: Extraordinary Aliens, Outstanding Professors and Researchers, Multi-National Executives and Managers
§ 21.17 The Second Preference: Professionals and Exceptional Ability Immigrants
§ 21.18 The Third Preference: Professionals, Skilled Workers and Other Workers
§ 21.19 The Fourth Preference: Special Immigrant Religious Workers
§ 21.20 The Fifth Preference: Special Immigrant Investors
§ 21.21 Labor Certification
§ 21.22 Special Considerations: Adjustment of Status and Consular Processing for Employment-Based Immigrants
Glossary
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