SUBJECT MATTER INDEX Alphabetization is word-by-word (e.g., “V Visas” precedes “VAWA petitioners”)

3- and 10-year bars, see Unlawful ABC litigation, see American Baptist §245(k), see Employment-based im- presence Church (ABC) litigation migration A visas, see A visas 42 USC §1983, see Litigation abortion abandonment, 1476 60-day grace or out-of-status period, assault with intent to commit abortion admission and AOS, 46, 74–75, 1092 (see also specific visas) inadmissibility for, 132 1476–78 forced abortion, see Forced abor- advance parole, see Advance parole 90-day rule, see Fraud and misrepre- tion/sterilization affidavits of support, see Affidavits of sentation absconders, 763 support 180-day automatic extension, see criminal charges, 439, 440 aged-out children, see Aged-out chil- Employment authorization procedure to arrest, 507–10 dren agreement by ICE counsel, see Prose- §212(c), see INA §212(c) absentia hearings, see In absentia cutorial discretion 240-day automatic extension, see hearings Alien Registration Receipt Card Employment authorization absolute immunity, see Litigation (I-551), see Green cards §245(i), see Adjustment of status abuse, see Child abuse; Spousal abuse; arriving aliens, see Arriving aliens §245(k), see Employment-based immi- VAWA petitioners asylees, see Asylees and refugees concurrent filing, 1373, 1444–45, 1547 gration abuse of discretion conditional residents, see Conditional detention, 258 residence A extreme hardship, 2056–57 crewmembers, see Crewmembers failure to exercise discretion, 2056 A visas (diplomats) denial of AOS, 1399, 1466–74, 1494 inconsistent decisions as, 2054–55 denial of petition, 1452–54 (see also Diplomats) motion to reopen, 1037–38, 1887–89, diplomats/foreign officials, 1317–18, adjustment of status, 1469 2057–60 1324, 1469 cancellation under INA §222(g), standard of review, 2052–62 discretionary denial, 1474–76 1083, 1320, 1321 academic students, see F visas E-1/E-2, see E-1 & E-2 visas comparison of diplomatic visas, employment (see also Employment 1317–18 accessory after the fact as aggravated felony, 329, 339, 342–43 authorization) consular interview, waiver of, see unauthorized employment as bar to Consular processing, subhead: as crime involving moral turpitude, 133, 144, 390 AOS, 1466–67, 1481, 1488 Nonimmigrant visas employment-based immigration, see criteria, 1319–21 accompanying Employment-based immigration; deferred action, 1320 defined, 1423 specific visa types EU laissez-passer travel document, derivative status, 1433 entry, not an, 46, 74–75, 1476–78 see European Union fiancées, see K-1 & K-2 visas family members, 1320–21 accredited representatives (see also Unauthorized practice of filing, 1444–45, 1464–66, 1490 employment, 1321 G visas, see G visas battered spouses, 2240 law) application of Lozada to, 641 ICE counsel agreement, see Prosecu- inadmissibility, 151, 1319 torial discretion LPR status for children, 1367 acquiescence ineligibility for AOS, 16–17, 739, overstays, 1083, 1320, 1321 to circuit court decisions, 1816–18 933, 1466–74, 1719–20 procedures, 1319–21 by government officials (persecution), J visas, see J visas unlawful presence, 156 884–88, 932 judicial review, see Judicial review AAO review, 1849–54 Adam Walsh Act, see Child abuse jurisdiction, 1490 appeal process, 1851–54 ADIS, see Security checks K visas, see K-1 & K-2 visas equitable tolling, 1851 lawful admission, 74–75 petitioner, not beneficiary, can appeal, adjustment of status lawfully present as condition for, 1464 1852 parolees, 251 legislative history, 10, 14, 1463, 1480, reopen, motions to, 1851–52 adjustment of status (AOS), 1463–96 1488 unlawful presence, accrual during, (see also specific types of petitions, nunc pro tunc permission to reapply 1853 specific visas, specific nationali- for admission, 1727–28, 1791–92 untimely appeal treated as motion, ties, etc.) orphans, see Adopted children 1851, 1890 §245(i), 1480–81 petition with DHS, 1444–45, 1490 abandonment approvable when filed, defined, prosecutorial discretion, see Prosecu- of application for relief, see Relief 1483–85 torial discretion from removal grandfathering, 1482–86 protective order violations, effect of, child abandonment labor certification, 1484–85 1472 as CIMT, 132–33, 135 legislative history, 10, 14 readjustment in proceedings, 1788 as deportation ground, 298–99 reinstatement of removal order, reentry permit, 1496–98 of residency, see Lawful permanent 1487 refugees, see Asylees and refugees residents removal proceedings, 1486–87 remand, 1831–34 spouses, 1480–81, 1485

2607 adjustment of status, cont’d KURZBAN’S IMMIGRATION LAW SOURCEBOOK, 17TH ED.

removal proceedings and AOS, 1478– bonds, see Bonds of LPRs, see Lawful permanent resi- 80, 1785–88 choice of law, 2039–40, 2093–94 dents continuances for AOS, 591–93 claims processing rules, see Federal material misrepresentation, 173–82 deportability not bar to adjustment, jurisdiction medical inspection, 237 1474, 1478, 1787 conviction (finality), 381–83 NSEERS, 271 inadmissible aliens, 1478–80 deference to agency interpretation, parole not an admission, 68 waiver of inadmissibility, 1787–88 2067–85 presumptions against, 1071–72, 1434 joint motion to dismiss for AOS, 564 departure during appeal, 1828–29 primary inspection, 237, 239–40, LPRs in removal proceedings, DHS, 1834, 1849–54 249–50 1753–54, 1787–88 dilatory or frivolous appeal, 656, 1824 procedures for, 233–77, 1080–81 marriage while in proceedings, exchange visitors, see J visas reapplication nunc pro tunc waivers, 1402–05, 1470–71 exhaustion, see Exhaustion of admin- 275, 1727–28, 1791–92 motions to reopen, 1491, 1786, istrative remedies removal proceedings regarding, 241– 1858–60 expedited removal, 247 49, 272–75 post-adjustment proceedings, 1496 fugitive status, 1888–89 representation, right to during inspec- reinstatement of removal, 1487 in absentia hearings, see in absentia tion, 237, 249–50 voluntary departure, effect of, 1787 hearings secondary inspection, 237, 249–50, rescheduling interview, 1476 labor certification, see BALCA review 1080–81 rescission, 1494–96 LAU, see Legalization Appeals Unit security clearance, 1078–80 revocation of pet’n, 1454–57, 1602–03 medical waiver, 98 Technology Alert List (TAL), see Se- S visas, see S visas OCAHO review, see Employer sanc- curity checks secondary evidence, 1466 tions territorial sea, 74 special immigrants, see Special immi- order appealable to circuit court, time of initial admission, 1080–81, grants 2085–88 1091 tax returns, 113, 1504–06 petitioner (not beneficiary) as appel- visa not required, 1102–15 transferring adjustments, 1476 lant, 1705–06, 1809 waivers, see Waivers travel, 1491–94 summary removal order, 247 wet-foot/dry-foot, see Cubans TWOV, see Transit without a visa terrorist acts, 740 withdrawal of application, 251–52 unauthorized employment, see sub- timeliness, 1710, 1711, 1818–20, 1851 adopted children, 1377–82 head: Employment (in this head- unfair employment practices, 1854– battered adopted child, 1380 ing) 55 criteria, 1377–82 unlawful presence wrongful deportation, 2039 customary adoption, 1382 3/10 year bar, 154–68, 1486, 1493 admission, criminal, 679 Hague Convention, 12, 1387–92 tolling of, 157–58 controlled substance offense, 145 legal custody requirement, 1378–79 unlawful status, see subhead: Ineligi- crime involving moral turpitude, 120 legislation, 12 bility for AOS (in this heading) liability of foreign adoption agency VAWA, 1372 admission, judicial counsel’s acts binding, 649–51 for withdrawing right to adopt, venue, 1490 1392 visa availability, 1464–65 admission and inspection LPR provision for birth abroad not ap- retrogression, 1465 (see also Inadmissibility grounds; Re- plicable, 1382 visa waiver program, 1112–13, 1473 moval proceedings—inadmissi- naturalization, 2286, 2315 withdrawal of relief, 1719–20 adjustment of status, cont’d bility; Security checks) orphans, 1382–87 Administrative Appeals Office, see adjustment of status not an admission, adjustment limited, 1382, 1392, AAO review 46, 74–75, 1476–78 1474 applicant for, 72–73 administrative closure, 697–98 born out-of-wedlock, 1384 border inspection, 233–40 Child Citizenship Act, 1392 administrative errors, expedited pro- burden of proof, 77–78, 98 distinguished from adoption, 1382 cessing of, 1098 cancellation of visa, 252, 747 naturalization, 2288–89, 2315 administrative notice, 949, 1712, challenges to lookout system, 234–35, procedures, 1382–87 236–37 1838–39, 1847–49 U.S. citizenship upon entry, 1392, credible-fear determination, see 2288–89 Administrative Procedure Act (APA) Asylees and refugees petition for natural parents not permit- jurisdiction, 1917–31 criminal penalties, 399–423, 434–35 ted, 1381 rulemaking vs. adjudication, 2125 deferred inspection, 249–50 petition for natural siblings, 1381 administrative record departure, as precondition for, 73 priority dates, see Priority dates discovery outside the record, 2049–50 derogatory information removed, relation to natural family, 1381 federal review, 2047–51, 2096 236–37 residency requirement, 1378–79 immigration court, 700 drug crimes, 145–50 same-sex couples, adoption by, 1385– old/stale asylum record, 1037 entry and exit system, 1088–89 86 entry not defining act, 67–68 administrative review, 1809–90 siblings, adopting, 1381 error, correcting after entry, 1091 vaccination waiver, 94–95 (see also Federal jurisdiction; Judicial error in name, correcting, 1500 review; specific tribunals and EWI, 168–70 advance parole, 1491–94 substantive issues) Fleuti doctrine (abandoned), 75–78 adjustment of status, 1491–94 Administrative Appeals Office, see flexible definition, 75 admissibility challenged, 1493 AAO review inadmissible at entry, deportation employment authorization jointly is- asylum cases, see Asylees and refugees ground, 277–78 sued, 1492 BALCA, see BALCA review lawful admission as defining concept, Fleuti, 77 BAR, see Board of Appellate Review 67–68 H/L visa holders not required to have, BIA, see BIA review lookout book, 235 1196, 1297, 1491–92

2608 SUBJECT MATTER INDEX AIDS/HIV

K-3s / K-4s not required to have, 1492 employment-based, 1427–33, 1428 disclosure of intelligence agent, 332 revocation of, 1493–94 following to join, 1424 document fraud, 337, 338 third-country processing, 1462 immediate relatives, 1427–28 drug trafficking, 305–15 three- and ten-year bar, 159 K-4 visas, 1332, 1427 DUI /DWI, 325 vs. departure, 73 mandamus for, 1950 explosives, 315–16 advanced degrees, see EB-2 visas; naturalization of parent, 1428 failure to appear Foreign degrees petition process, 1427–33 in criminal court, 340 priority dates, see Priority dates to serve sentence, 337–38 advisory opinions (DOS), see Depart- refugees, 783, 1055 firearms offenses, 316 ment of State unlawful presence, 159 forgery, 337, 338 affidavits of support (I-864), 108–16 agents fraud/deceit, 333–37 125% rule, 109, 110, 111, 113 H-1B visas, 1176, 1187 proving loss, 335–36 asylees, 109 immigration agents, see Immigration fugitive status, 340 battered spouse/child, 109 agents gambling (RICO), 332 binding contract, 113–16 O visas, 1273–74 hybrid crimes, 329–30, 336 criminal issues, 116 P visas, 1277–78 income tax, 333–37 manslaughter (involuntary), 322, 326 death of sponsor, 15, 112 aggravated felons, 301–73, 455–57 designation of sponsor, 109 money laundering, 315 §212(c) relief, 1749–51 diversity immigrants, 109 murder, 305 asylum, 851, 866–67 divorce, effect on support obligations, national defense, 332 bond, see Bonds 113–16 obstruction, 339–40 burden of proof, 691, 739 documentary requirements, 113 passport, falsely making/altering, cancellation of removal, see Cancella- domicile requirement, 110–11 337 tion of removal enforcement of affidavit, 115–16 perjury, 339 categorical approach, 347–66 household members, 110 prostitution, 332 CIMT, differences in analysis with, income requirements, 111–12 ransom, 331 366 joint sponsor, 110 rape, 305, 323 modified categorical approach, legislation, 8–9, 15 recidivism as basis for drug traffick- 357–59, 366 National Visa Center processing, ing, 314–15 circumstance-specific approach, 360– 1457–58, 1459 reentry after deportation for aggra- 61 not required, 109 vated felony, 337 Convention Against Torture, 894 poverty guidelines, see Poverty guide- RICO offenses, 332 Davis/Barrett test, 311–15 lines robbery, 323, 326 definition, 301–73 procedures, 113 sexual abuse of minor, 301–05, 323 relevance of sentencing guidelines, public benefits, 1510, 2358–61 slavery, 332 455–56 (Apdx. 4) smuggling aliens, 337 deportation grounds, 301–73 refugees, 109 stolen property, 327–31 described in language in statutes, 344 self-petitioners, 109 subordination of perjury, 339 detention, see Detention special immigrants, 109 tax evasion, 333–37 divisible statutes, 320–21, 347–52, sponsor, 109 theft, 327–31 357–66 substitute sponsor, 110, 112 trafficking in persons, 332 effective dates, 369–71 support claim, 114 Travel Act violations, 315 expedited removal, see Expedited re- tax returns, 113 two possession convictions, 314–15 moval vehicles, trafficking in, 338 affirmance without opinion (AWO), felony required, 305, 313–14, 343–44 violent crimes, 317–27 1813–15 foreign convictions, 346–47 ordinary meaning of term, 346 exhaustion of remedies, 1813, 2006 hearings, see Expedited removal; Re- petty offense, 368–69 judicial review of, 1813–14 moval proceedings—deportation; presumption of deportability, 691, 737 Affordable Care Act (Obamacare) Removal proceedings—inadmis- probation sentence, 367 criteria, 1514 sibility; Summary removal record of conviction, 363–66 ICE use of information, 506, 1514 hybrid crimes, 329–30, 336 reentry after removal, 399–400 hypothetical ambiguity, 354 Afghans relating to language, 344–46 imprisonment, term of, 366–69 relief, 1722–24, 1731 special immigrant status involves language, 346 re-sentencing, 368, 397 faithful and valuable service, 28, 30, judicial review, see Judicial review retroactive application, 369–71 1560–61 legislative history, 6, 10, 301 sentence, defined, 366–69 translators, 23, 34, 1558–59 modified categorical approach, 357– sentencing guidelines, 445–60 Age Discrimination in Employment 59, 366 definition for INA purposes, 455–56 Act (ADEA), 2252 naturalization, bar to, 2296–97 state-law violations, 343–44 offenses, 301–73 aged-out children summary removal, 691, 736–38 accessory after the fact, 329, 342–43 voluntary departure, see Voluntary de- §245(i), 1485–85 aiding & abetting, 329, 336, 342–43 accompanying, 1424 parture arson, 321, 324 withholding of deportation, 873–75 adjustment of status, 1427–33 attempt, 329, 330, 331, 340–41 asylum, see Asylees and refugees bribery, 338 agricultural workers, see H-2A visas; battered children, 1369–70, 1426 burglary, 322, 325 Legalization beneficiaries of 2nd pref. petitions, child abuse, 301–05, 322, 325 aiding and abetting 1425–26, 1428 child pornography, 331–32 aggravated felonies, 329, 336, 342–43 CSPA, see Child Status Protection commercial bribery, 338 Act AIDS/HIV conspiracy, 341–42 not grounds for inadmissibility, 93–94 diversity, see Diversity immigrants counterfeiting, 337, 338 2609 airlines KURZBAN’S IMMIGRATION LAW SOURCEBOOK, 17TH ED. airlines arriving aliens use of application against asylee, crewmembers, see Crewmembers adjustment during removal proceed- 918–21 employees, employment authoriza- ings, 1478–80, 1493 withholding claim, 925 tion, 1119 bonds, see Bonds aged-out children, 783, 918, 1052–53, fines, 463–64, 1337 defined, 73 1055, 1061 private aircraft entering U.S., 1089 detention, see Detention aggravated felons, 851, 866–67 suspension of entry of aliens aboard, IJ has no jurisdiction over bond, 253– alternate theory of claim, 1004 463 54, 521 apparent eligibility, 597–98, 941–42 Alabama LPR considered as, 46, 75–78, 253–54 appeals legislation affecting immigration, 50 arson to BIA, 924, 1035–36 (see also as aggravated felony, 321, 324 BIA Alford pleas, see Plea bargains review) Alien Registration Receipt Card (I- ART, see Assisted reproductive tech- clearly erroneous standard of re- 551), see Green cards nology view, 973–74, 1035–36 Art. III issues, see Federal jurisdiction denial of refugee status; requests for Alien Tort Claims Act, see Litigation review, 911 All Writs Act, 396, 1895, 2101 assisted reproductive technology judicial review, 778, 1036–52, birth abroad with surrogate mother, 1985–88, 2061 (see also Judi- American Baptist Church (ABC) liti- 2280–81 gation, 10, 904, 1775 cial review) gestational mothers, 1375, 2280–81 of bars, 865 American Competitiveness in 21st assisting inadmissible persons to en- application process, 908–38 (see also Century Act (AC21), 12–13 ter, 433 subheads: Affirmative applica- (see also substantive headings) tions; IJ hearing; and specific top- American Indians in Canada, see asylees and refugees, 775–1063 ics in this heading North American Indians (see also Convention Against Tor- assailants not identified, 1031 American Institute in Taiwan, 1549 ture; Withholding of removal) asylum cooperative agreements, 858–59 American Recovery & Reinvestment abandonment of application, 923 El Salvador, 859–60 abortion, forced, see subhead: Coercive Act of 2009, 28 Guatemala, 860 population control (in this heading) Honduras, 860–61 amnesty, see Legalization access to applicant, 939 Asylum Offices, 922 amnesty fraud, 181, 440 on account of defined, 803–04, 831–35 background checks, 924, 945 annotating visas, see Visas activities in U.S. as grounds for, 1022 bars to, 850–67, 925–26 adjustment of status, 1059–63 frivolous applications, 918–19 APIS (Advance Passenger Info. numerical cap lifted, 1060 persecution of others, 778–80 Sys.), see Security checks removal, 1062–63 third-country transit bar, 856 apparent eligibility spouse divorced from principal, 1061 BIA review, see subhead: Appeals (in asylum, 597–98, 941–42 travel, 1062 this heading) IJ duty to inform of relief in removal administrative notice of changed con- bilateral agreement as basis to deny, proceeding, 597–98 ditions, 949, 1847–48 857, 925 administrative record (stale or old), biometric identification, 668–70, 924 appeals, see AAO review; Administra- 1037 bonds, 257, 521–22, 942 tive Procedure Act; Administrative admission of refugees, 778–83, 909–12 border, 913–14, 914–17 review; BIA review; Cross-ap- AG determination of admission or- bribery to avoid persecution, 1031 peals; Federal jurisdiction; Judicial der, 911–12 Bring Them Home Alive Act, 782 review; specific tribunals and sub- security screening, 909 burden of proof, 946 stantive issues affidavit of support not necessary, 109 asylum application as proof of de- approval notice affirmative applications, 917–27 portability, 686, 920 obtaining duplicate (I-824), 1075, 1078 appeal of decision, 924, 929 disfavored groups, 847–48 area control operation, 499–506 Convention Against Torture, 925 disqualifying ground, 865, 878 credible fear and reasonable fear, firm resettlement, 854–56 Arizona see subhead: Credible- and rea- frivolous application, 920 legislation affecting immigration, 51 sonable-fear determinations (in pattern or practice, 847–48 Armed Forces of the U.S., see Mili- this heading) rebutting well-founded fear pre- tary service criteria to decide asylum, 925–27 sumption, 837–38 discretionary denial, 925 testimony as sufficient, 951–52 arrests filing consequences, 918–21 Bureau of Democracy, Human Rights, abused persons incomplete application, 979–80 enforcement actions against VAWA & Labor (f/k/a BHRHA), 933 interview process, 922–24 Canadian-U.S. agreement, 857 petitioners, Ts, and Us; arrests jurisdiction, 917–18, 925, 927 in domestic shelters, 509 cancellation of visa, 747 locations of offices, 922 changed circumstances, 862–63 Bail Reform Act, 540–41 multiple filings, 861 citizens, arrest of persons claiming to rebutting well-founded fear pre- NIV status, 921–22, 1082 sumption, 837–38 be, 509 procedure, 917–18, 922–24 DHS, 507–10 changed country conditions referral to IJ, 924–25 reopening, 1871–79 FBI authorized, 510 reinterview before removal, 928 INA §239(e) compliance, 509 retention of documents, 924 child applicants, 704, 935–38 National Guard, 510 revocation, 927 (see also subheads: Aged-out chil- state and local law enforcement, 48– third-party disclosure, 798, 921, 945 dren; Family members (in this 54, 509–10 timeliness of filing, 861–66 heading)) USA PATRIOT Act, 509 2610 SUBJECT MATTER INDEX asylees and refugees

U.N. Convention on Rights of derivative claims, see subhead Family refugee/parole program for minors Child, etc., 935–38 members (in this heading) from El Salvador, Guatemala, circumstantial evidence, 1022–23 detention, 253–54, 521–22, 942–43 and Honduras, 782 circumventing refugee procedures, disclosure of application to third of refugees, 782–83, 912 927 party, 798, 945 fear of persecution, 845–46, 1005–32 citizenship-stripping as persecution, discretionary grounds for denial, see criminal conduct not negating fear, 793 subhead Denial (in this heading) 1015–16 civil war as grounds for persecution, discrimination vs. persecution, 791–92 female genital mutilation (FGM) as 794–95 disfavored groups, 847–48 persecution, 1020–21 CLASS check, 924 documentary evidence, 951–70 firm resettlement, 852–56, 911 classified information, 686–87, 1032 authentication of documents, 677–79 burden of proof, 854–56 clock (EAD), 943–45, 2362–66 country-condition reports (DOS), dual nationality, 855 (Apdx. 5) 923–24, 933–34, 964–70 fraud on entry, as a basis for denial, coercive population control administrative notice of condi- 927, 978 as persecution, 20, 778, 1023–28 tions, 949 frivolous applications, 918–19, 930, confidentiality, 798, 921, 945 documentation center, 917, 963 934–35 congressional designation of refugees, NGO and other reports, 963 gender-based persecution, 1016 781 standard for credibility of docu- general political conditions, 795, 948 conscientious objection, 796 ments, 960, 1839 general-law application as persecu- conscription as persecution, 793–94, tion, 795 796–97, 1022 domestic law, generally, 777–78 domestic violence, 1016–19 Geneva Convention, 776 consequences of filing, 918–19 government inability to stop persecu- Convention Against Torture (CAT), DOS advisory opinions, 923–24, 933– 34, 949, 964–70 tion, 800–803, 849–50 see Convention Against Torture grant of, 1052–53 corroboration of claims, 949–70 (see drug informants, 1029–30 dual nationality, 779 guerrillas, evidence of specific threats, also subhead: Documentary evi- 1022 dence (in this heading)) distinguishing firm resettlement, 855 due process, violation to remove per- harassment vs. persecution, 790–92 continuances, 954 hearings, see subhead: IJ hearing (in judicial review, 1051–52, 1989 son to his death, 908 economic status this heading) past persecution, 845 hearsay evidence, 960–61, 967–68, REAL ID Act, 952–57 affluence, effect on finding of perse- cution, 1031 978–79 when not required, 958 homosexuals, see subhead: LGBT is- corruption, challenging as grounds deprived status as persecution, 792–93 effective dates, 879 sues (in this heading) for, 1030–31 humanitarian asylum, 843–45 counsel, right to, 939–40 emergency flow refugees, 778, 781 employment authorization, see sub- identity of applicant checked, 924 countrywide persecution, 839–42, IIRIRA changes, 10 849–50 head: Work authorization (in this court personnel as grounds for, 1028– heading) IJ hearing 29 equal treatment in adjudicating claim, failure to appear, 934 credibility, see Credibility determina- 935 jurisdiction between IJ and AO, 925 tions evidence (see also subheads, in this proceedings, 929, 945–46 referral to IJ by AO, 924–25 credible- and reasonable-fear determi- heading, with specific types of evi- nations, 242–44, 913, 927–29 dence) imputed political opinion/motive, confidentiality, 921 nature of proof, 948–51 806–07 notice of one-year deadline, 928 testimonial evidence, 970–1005 imputed social group claim, 814 parole, 245–47, 257–58, 942 types of evidence, 1005–32 in absentia hearings, 934 reinterview before removal, 928 exit visa laws, 797 INA §222(g), 1082 telephonic interviews, 927 expedited hearing, 242–44, 927 inadmissibility grounds, 911, 1060 inconsistent treatment by gov’t, 1016 crew members, 927, 935–36 expedited processing before AO, 923 expedited removal, 935–36 ineligibility criminal acts for asylum status, 850–67 acts in U.S. not negating asylum, expert testimony, 970 extortion as persecution, 1021–22 for refugee status, 778–80 1015–16 informants, 777, 1029–30 grounds for denial, 851, 866–67 extradition, 880–81, 907–08 extraordinary circumstances, 863–64 interdiction, 783–84 custodial interrogation as persecution international law, 775–77 788, 788 failure to appear, see subheads: IJ hearing; Interview before AO (in interpreter, need for, 922 definitions interrogation as persecution, 788 of asylee, 783 this heading) failure to identify assailants, 1031 interview before AO, 922–24 of refugee, 778 failure to appear, 922–24 demeanor, 971, 974–75 false statements at airport, 927, 983–86 gender identity, 923 denaturalization as persecution, 793 Iraqis, 781–82 denial bar to good moral character, 921 criminal and civil penalties, 921 judicial review, see subhead: Appeals discretionary, 866–67, 867–68, 878, (in this heading) 925, 935 family members legislation, see History of immigration mandatory, 850–67, 925, 934 application, 912, 918, 925, 1052– laws; specific legislation reconsideration, 868 53, 1060–61 LGBT issues dependents, see subhead Family Cuban Refugee Adj. Act, 1056–57 evidence of sexual orientation, members (in this heading) parent’s derivative application, 1019–20 deportability, use of asylum applica- 938–39 gender identification, interview be- tion to prove, 686, 918 persecution of, 1005–10, 1026–27 fore AO, 923

2611 asylees and refugees, cont’d KURZBAN’S IMMIGRATION LAW SOURCEBOOK, 17TH ED.

mandatory grounds for denial, see tion of others as bar to status, see rebutting well-founded fear presump- subhead Denial (in this heading) subhead: Persecutors tion, 837–38 marriage as persecution, 1021 criminal conduct not affecting per- reconsideration of denial material misrepresentation, 918–19, secution, 1015–16 before physical removal, 928 927, 987–88 cumulative effect of, 799–800 torture claim raised, 894–95 material support, see subhead Terror- defined, 778, 785 withholding granted, 935 ism (in this heading) detention, not considered as, 788– record on appeal, too stale, 1037 medical treatment 90 Refugee Act of 1980, 5, 777 failure to seek, 786, 1031 discrimination vs. persecution, 791– regulation proposed June 2020, 913 forced exam as persecution, 788 (see 92 reinstatement of removal order, 925, also subhead Coercive popula- economic status, see subhead Eco- 928, 935–36 tion control (in this heading)) nomic status (in this heading) released after persecution, 1016 membership in a particular social emotional trauma, 790 religious persecution, 1010–13 group, see subhead: Social group forced medical examination, 785 relocation to avoid future persecution, (in this heading) harassment distinguished, 790–92 839, 849–50 mental disability as ground for, 821 past persecution, 835–45 inapplicability to refugees, 840 metering, 916–17 as basis for asylum, 835–45 remand, motion to, 1036, 1831–34 Migrant Protection Protocols (MPP), as basis for withholding, 837, remand by court, 2096–2101 914–17 869–70 removal, expedited, 927 military service as persecution, 796–97 corroboration, 845 removal of refugees, 782 military use against applicant as perse- rebutting well-founded fear pre- removal proceedings, referral to, 924–25 cution, 1016 sumption, 837–38 third country, 850 minors (see subheads: Aged-out chil- social group, 813–14 use of application to prove deporta- dren; Child applicants; Family periodic, 799 bility, 686, 918 members (in this heading)) physical harm not required, 786 reopen, motion to, see Reopen, mo- mixed-motive cases, 827–30 prosecution distinguished, 795–97 tion to motive of persecutor, 803–04 release after persecution, 1016 rescheduling interview, 923 multiple filing bar, 861 remain in Mexico policy, see sub- return to country of origin, 945, 1014– NACARA, see NACARA head: Migrant Protection Proto- 15, 1053 nationality, lack of, 784–85 cols (in this heading) revocation, 927, 946, 1054–55 newly discovered evidence, 1032–34 remaining in or returning to coun- for removal, 1062–63 nonimmigrant status, 921–22 try, effect on asylum claim, right to apply, 941–42 normal flow refugees, 781 1014–15 S visas, see S visas North Koreans, 782 similarly situated, treatment of, safe third country, 857–59, 926 Northern Mariana Islands, 868 1031 sealed information, 1032 security checks, 924, 945 notice asylees and refugees, cont’d single incident sufficient, 799 one-year filing deadline, 247, 865, valid passport affecting asylum security personnel, 1028–29 928, 941–42 claim, 1014–15 security screening, refugees, 909 prior to finding evidentiary defi- serious nonpolitical crime, 851, 875–76 ciency, 953–54 persecutors sexual assault as persecution, 1016–19 of right to apply, 941–42 ineligibility for asylum, 778–80 sexual orientation, see subhead: motives, 803–04 LGBT issues (in this subhead) Office of Refugee, Asylum & Interna- similarly situated, disparate treatment tional Operations, 262, 928 physical disability as ground for, 821 police officers, 1028–29 by persecutors, 1031 one-year limitation on filing, 861–66, singled out, not standard, 948 935–36 (see also subhead: Notice political opinion defined, 805–09 (in this heading)) population control, see subhead Coer- social group overseas refugees, 778–83 cive population control (in this defined, 809–18 Palestinians, 784, 791 heading) imputed claim, 814 parent’s derivative application, see post-traumatic stress disorder, 667, past-persecution claim, 813–14 subhead Family members (in this 986 Southeast Asians, 782 heading) previous applications for asylum, 861 spouse and children, see subhead: parole, see Parole previous grants of asylum, evidence Family members (in this heading) particularly serious crime, 866–67, of, 1032 standard of proof, 947 870–73 priority processing (P-1 to P-3), 909 statelessness, 784–85, 793 passport as evidence of no persecu- prisoners, treatment as indicative of sterilization, forced, see subhead: Co- tion, 1014–15 persecution, 1023 ercive population control (in this pattern or practice private organizations, evidence by, 963 heading) as evidence of persecution, 948 pro se litigants, 1034 stowaways, 927, 935–36 showing not required, 799, 847–48 prosecution distinguished from perse- termination of proceedings, 929 periodic persecution, 799 cution, 795–97 termination of status, 911, 927, 1054– permanent or serious injury not re- protective order, 1032 55, 1062–63 quired, 786 public hearing, 934 terrorism punitive intent unnecessary, 797 (see also Terrorists and terrorism) quotas, 908–09 persecution, 775-805 danger to U.S. security, 876–77 no cap on adjustment, 1060 as grounds for denial, 851–52 See also subheads (in this heading) REAL ID Act, 827, 851, 952–57, covering specific groups being per- 971–74, 987, 1051–52, 1060 testimonial evidence, 970–1005 secuted, specific acts of persecution, reasonable fear, see subhead: Credi- third-country agreements, 857–59 specific situations, etc. For persecu- ble- and reasonable-fear determi- third-country removal, 850 nations (in this heading) third-country transit bar, 856

2612 SUBJECT MATTER INDEX B-2 visas (visitors for pleasure)

threats without seizure, 1022 Attorney General review of BIA, standard of review, 2173, 2179 travel 1815–16 substantial justification of govern- to home country, effect on claim, ment, 2169–73 945, 1014–15 attorney-client privilege as basis to prevent search, 500 Federal Torts Claim Act, 2179 right to, 945, 1053, 1062 fees for fees, 2178 turnback policy, 916–17 monitoring of attorney-client commu- nications, 648 forfeiture, 433 U.N. Conventions Freedom of Information Act, 2179–80 CAT, see Convention Against Tor- attorneys labor certification, see Labor certifica- ture (see also Counsel, right to) tion re Status of Refugees, 775–76 ethical issues and conduct, 653 recovery of, 433, 1217, 2165–80 Rights of Child, etc., 935–38 fees, see Attorneys’ fees trafficking victims, 18, 2151, 2180 friends of the court, 652 unfair employment practices, 2275 unaccompanied minors, see subhead: government counsel Child applicants (in this heading) obligation of, 651–52 au pair program, 1151–52 UNHCR Handbook, 775–76, 813 remand decisions, 2100 audiologists union membership as grounds for, labor certification cases, see Labor inadmissible without certificate, 119 1013–14 certification audita querela writ, 396 unlawful presence, see Unlawful pres- malpractice, 660 ence EB-5 cases, 1593 audits vaccinations, exemption from require- privileged communications, see Attor- employer sanctions, 2206 ment, 95 ney-client privilege labor certification, 1644–49 venue, 917–18, 940–41 pro bono representation, 633 Australian (E-3) special occupation vetting of refugees, enhanced, 909–10 registering electronically, 651 visas, see E-3 visas visa cancellation, 747 sanctions authentication of documents, 677–79 visa waiver program, 522, 935–36 before BALCA, 1713–14 waivers, 221, 911, 1062–63 before BIA, 656–60, 1217, 1825 authority to regulate, see Federal au- well-founded fear, defined, 846–48, before DHS, 659 thority to regulate; Preemption; 947 in employer sanctions cases, 2213– State and local government whistleblower as grounds for asylum, 14, 2275 1030–31 automated passport control (APC), in federal court, 659–60 see Security checks withdrawal of application, 922–23 in labor certification cases, see La- withholding of removal (see also bor certification avoidance doctrine Withholding of removal) in removal proceeding, 656–60 of constitutional questions, 2115 differences between asylum and telephonic appearances and communi- of int’l-law violations, 2115–16 withholding, 931–32 cations, see Telephonic and video AWO, see Affirmance without opinion women, generalized persecution of, technology 1019 unauthorized practice of law, 652–53 B work authorization, 943–45, 1053 undocumented persons’ right to prac- tice, 54 B-1 visas (business visitors), 1116–21 attorneys’ fees admissible as, 1116–21 athletes airline employees, 1119 (see also O visas; P visas) Bivens, 2179 criminal cases (Hyde Amdt.), 2180 artists, 1118 amateurs, 24, 1275, 1279 athletes, 1118 athletic organizations, 1658 civil rights acts, 2179 employer sanctions, 2174, 2237 business defined, 1120 B-1 admission, 1118 Canadian business visitors under employment authorization, special Equal Access to Justice Act, 2165–79 USMCA, 1104 provision for, 2241 admin. work, fees for, 2174 conferences, 1116 H-2B visas, 1265 bad-faith exception, 2165–66 domestic employment, 1118 ice skaters, 1275 calculating fees, 2175–79 eligibility, 1120–21 immigrants, 1519–23, 1601 client’s, not attorney’s, fees, 2167 employment authorization, 1121, 2186 labor certification, 1610, 1658, 1683, cost of living, 2175–76 equipment installation, 1119 1704 costs and expenses, 2179 exploring E-2 investment, 1119 minor leaguers, 1275, 1279 eligibility, 2166–67 family members of B-1, 1121 professionals, 1275–76 employer sanctions, 2174, 2237 investors, 1119 traded, 1274, 1281, 1658, 1704, 2241 expert fees, 2175–76 in lieu of H-1 or H-3, 1117 attempt federal litigation, fees for, 2174 in lieu of J-1, 1117 as aggravated felony, 336, 340–41 hourly rate, 2176–78 medical student, 1119 as crime involving moral turpitude, interest, 2178 Mexican business visitors under 120, 130 legislative history, 2165 USMCA, 1104 drugs, 145 naturalization petitions, 2174 payment abroad, 1121 position of U.S., 2169–73 attenuation, 2034 religious workers, 1118 prevailing party, 2167–69 truck drivers, 1119 attestation pro bono counsel, 2167 (see also Labor condition applications) pro se litigants, 2167 B-2 visas (visitors for pleasure), D visa, 1338 procedures for filing, 2175 1121–23 fast track H-1B, 1227–28 remands, 2168–69 admissible as, 1121–23 H-1B, 1170, 1196–1221 removal proceedings, 2174 companion of H, L, E, 1122 H-1C, 1222 special circumstances against family of members of B-2, 1122 R visas, 1313–14 award, 2173–74 language study, 1123 special immigrant religious workers, special factors for award above nonspouse, accompanying partner, 1548 $125/hour, 2176–78 1122 2613 back pay KURZBAN’S IMMIGRATION LAW SOURCEBOOK, 17TH ED. back pay factors considered in decision, 1834–49 machine-readable passports, see Pass- remedy for aliens, 2245 family-based petitions, 1809–10 ports final order of removal, BIA authority Bahamians birth certificates, 1447 to enter, 1830 no visa required, 1109 index decisions, 1846–47 birth in U.S., see Naturalization and Bail Reform Act, 540–41 interlocutory appeal, 1818 citizenship BALCA review, 1205, 1646, 1705– judicial review Bivens actions, see Litigation 14, 1854 of AWO, 1813–14 blood tests, 1376, 1447 of BIA, not IJ, 1842–43 administrative/official notice, 1712 Board of Alien Labor Certification of IJ and BIA, 1844–46 appeals, 1705–14 Appeals, see BALCA review employer’s review only, 1705–06 jurisdiction, 1809–10 motions to reconsider, 1705–09 IJ jurisdiction ceasing on BIA ap- Board of Appellate Review (BAR), motions to reopen, 1710 peal, 1821 2329 remand, 1712–13 motion practice, 1831–34 Board of Immigration Appeals, see bankruptcy new evidence, 1838–39 BIA review nonbinding decisions, 1846–47 no stay of employer sanctions case, boilerplate decisions, see BIA review 2211, 2224 notice of appeal, 1818–19, 1834 oral argument, 1826 bonds, 515–33 battered persons, see Child abuse; precedent & other decisions, 1846–47 (see also Detention; Federal jurisdic- Spousal abuse; VAWA petitioners procedure, 1811–16 tion; Habeas corpus) beneficiaries reconsider, motion to, see Reconsider- administrative review, 1957 derivatives, see Derivative beneficiaries ation, subhead: Motions aggravated felons, 541–50 substitution in petitions, 1240, 1266– record on appeal, 2047–51, 2096 arriving alien problem, 253–54, 256, 67, 1278, 1596, 1658 reissuance of BIA decision, 1820, 515, 521 Bermuda 1826 asylum, 245–47, 521–22, 942 remands, see Remand attorney representation solely for visa not required, 1102–03 reopen, see Reopen, motion to bond, 521, 647–48 BIA review, 1809–49 review of BIA or IJ decision, 1844– automatic stay of IJ bond, 255, 528, (see also Administrative review) 46, 2085–88 543 abeyance, pending collateral attack, scope of review, 1834–49 Bail Reform Act, 540–41 1826 service office, appeal from, 1809–10, BIA appeal, 528 acquiescence to court decisions, 1834 breach, 515, 532–33 1816–18 (see also Deference to single member panel, 1812 cancellation, 532 agency interpretation (Chevron)) standard of review children and families, 522–28 administrative notice, 949, 1847–49 clearly erroneous, 1035–36, 1777, circuit court, grant of, 531, 2090–91 affirmance without opinion (AWO), 1815, 1835–38, 1837–38 constitutional challenges, 541–50 see Affirmance without opinion factors considered in BIA review, Cubans, 261, 752, 753 amicus curiae brief, 1823 1834–49 deportation, 515–33, 541–50 appeal from DHS decision, 1834 detainers, 533–40 appeal procedure, 1818–28 stay, 1825–26 employer sanctions, 2234 Article III jurisdiction waived, 1821 streamlining, see Affirmance without employment authorization, 9, 254 asylum cases, see Asylees and refugees opinion exhaustion of remedies, 2003–04 Attorney General review, 1815–16 sua sponte reopening, 1868–70 expedited removal, 245–47, 255–56 attorney sanctions, 658, 1217 summary affirmance, 1845 federal court, grant of, 531, 2090–91 beneficiary’s appeal, 1809 summary dismissal, 1823–25 final order (§241) vs. removal pro- boilerplate decisions, 1842–43 three-member panel, 1812, 1825 ceedings (§236), 761–62 bond appeal, 528, 1810 time to file habeas corpus, 247–48, 1936 briefs, 1822–23 appeal, 1809, 1818–20 inherent authority to grant bail, 1936 Burbano affirmance, 1845 brief, 1822–23 health-related reason, 256, 257, 549 certified questions, 1816 transcripts, 1822–23, 1826–28, 1839, IJ, no jurisdiction to determine, 253– clearly erroneous review, 1035–36, 2048 54, 543 1777, 1815, 1835–38 undue influence on BIA, 1818 impartial adjudicator needed, 549 constitutional issues addressed, 1847 untimely appeal, 1818–20 inadmissible persons, 245–47, 253–54 credibility findings, 1839–41 voluntary departure, reinstatement on ineligibility for, 521 documentary evid., 958–61, 1839 appeal, 1739–40, 1829–30 Joseph hearing, 543 criticism of practices, 1826–28 waiver of appeal, 1820–21 judicial review, see Judicial review cross-appeals, 1823 waiver of issue not raised before IJ, juvenile, 246, 256, 257, 263, 522–28 de novo review, 1834–35 1841–42 medical reason for release, 256, 257, decision, notice of, 1826 waiver of issue not seriously chal- 549 delay in decision, 1826–28 lenged, 1821 procedure, 519–21 departure during appeal, 1828–29 withdrawal of appeal, 1826 REAL ID Act, 531 DHS decisions, not binding, 1846 bilateral investment treaties, see E-1 redetermination, 519–21 director, EOIR review, 1815 & E-2 visas removal disciplinary consequences of frivolous deportation, 511, 541–50 appeal, 1825 bill of attainder, 479 risk classification assessment (RCA), en banc decision, 1815 biometric identification see Parole entry of final order challenged, 1830 (see also Security checks) stay of release, 255, 543 estoppel, no authority to consider, asylum applicants, 668–70, 924 supervised release, 519, 760 1794 BioVisa Program, 1074 terrorists, see Terrorists and terrorism factfinding, restricted, 1838–39 legislation requiring, 8, 14, 15 venue, 1941–42 2614 SUBJECT MATTER INDEX child abuse

visa waiver, 522, 942 returning resident, 75–78, 249, 273–74 eligibility, 1760–67 withholding of removal, 942 special immigrants, 1434 hardship criteria, 1770–73 border procedures, 233–77 unfair practices, see Unfair immigra- procedures, 1773 tion-related employment practices numerical cap, 1769, 1774 border wall construction, see Judicial vacated conviction, 377–79, 683 rehabilitation, 1759–60 review Bureau of Prisons reopening, 1751, 1768 Brady material, see Discovery change of security classification, 739 repapering, 578, 1784–85 Brand X deference, see Deference to conditions of detention, 260 residency, 1742–43 detainers, 533 retroactive application of new law, agency interpretation 1749 bribery rules affecting detention, 512–13 situs of detention, 512–13 Salvadorans, 904, 1774 as aggravated felony, 338, 339 St. Cyr regulations, 1754 business information bridging / bridge filing, see Change of stop-time rule, 1746–48 inadmissibility of person disclosing, TPS, time not counted, 899 status; Employment-based immi- 213 gration; Extension of stay withdrawal of relief, 1719–20 business necessity, 1675–78 briefing schedule cancellation of visas BIA, 1822–23 Buy American, Hire American automatically under INA §222(g), court of appeals, 9–10, 2088 NIV requirement, 1178, 1270, 1276, 1082–84 1282, 1301 DHS cancellation, 252, 747 bringing aliens to U.S., see Transport- cap-exempt, see H-1B visas ing/harboring C caps, see Numerical limitations; spe- British subjects, see Bermuda; British cific visa types (e.g., H-1B) Virgin Islands; United Kingdom C visas (aliens in transit) C-1, 1092, 1336 carrier liability British Virgin Islands C-2 and C-3, 1083, 1092, 1325, 1336 custodial responsibility, 463 visa waiver, 1109 Cambodians fines, 463–64 broadcasters, see I visas; Special im- adjustment of status, 13, 1439 CARRP (Controlled Application Re- migrants refugee status, 782 view & Resolution Prog.), 2301 brothers and sisters, see Siblings visa discontinuance, 767 catch and release, see Immigration burden of proof, 689–94 Canadians and Customs Enforcement (ICE) (see also TN visas; USMCA) (see also Standard of proof) categorical, modified categorical ap- abandonment of residency, 1503 commuter students, see F visas; M visas access to visa documents, 690 entry without visa, 1087, 1102–03 proaches acquisition of citizenship, see Natural- Indians, see North American Indians aggravated felony cases, 347–66 ization and citizenship J visas, see J visas crimes involving moral turpitude, aggravated felons, 691, 739 marijuana industry as a bar, 1103 124–28 arriving aliens, 77–78, 249, 690 three- and ten-year bar, 157, 1102–03 differences in analysis between agg. asylum cases, see Asylees and refugees waivers, limitations at border, 1104 felony and CIMT, 366 CAT, see Convention Against Torture cancellation of removal, 1742–85 CBP, see Customs and Border Protection clear-and-convincing standard, 689–90 (see also Suspension of deportation) Centers for Disease Control & Pre- conditional residents, 691, 1400, 1586 administrative review, 1777, 1809, vention, 83–84, 92–94 crimes involving moral turpitude, 1836 Central American Minors (CAM) 130–31 aggravated felons, 397, 739, 1745, criminal conduct, 691, 1722–24 1750 program, 782 employment-based, 1434 battered spouses & children, 1767–69 change of status, 1082–83, 1094–96 entry, 67–78 change to prior law, 1742, 1749–51, (see also specific visa) EWI, 690 1769–70 bridging, 160, 1096 family petitions, 1400, 1403–04, clearly erroneous standard of review, departure, effect of, 1095, 1129 1418, 1434, 1446 1777, 1835–37 H-1B cap, 1130, 1173–74 Fifth Amendment, 670–71 crewman, 1745, 1765 physicians, 1226 firm resettlement, see Asylees and ref- Cuban Refugee Adj. Act, 1742–43 three- and ten-year bar, 160–61 ugees discretionary eligibility, 1758–60 visa waiver program, 1112 Fleuti doctrine, 75–78 Eastern Europeans, 1775 changed circumstances immigrant visa petitions, 1434, 1446, effective date, 1749, 1773 1454, 1459, 1462 asylum applications, see Asylees and eligibility, 1742–51, 1760–67 refugees judicial review, 694 form for waiver, 1749 lenity, rule of, 692–94 Guatemalans, 904, 1774 chargeability, see Preference petitions LPRs, 75–78, 249, 273–74, 1434 INA §212(c), 1749–51 Chevron deference, see Deference to marriage (conditional residence), 691, J visas, 1745, 1765 agency interpretation 1400 judicial review, see Judicial review material misrepresentation, 181 child abduction medical cases, 98 LPRs, 220, 1742–51 grounds of inadmissibility, 187–89 nonimmigrants, 1071–72, 1078 changes from §212(c), 1749–51 child abuse eligibility, 1742–51 presumptions, 689–90 Adam Walsh Act, 23, 762, 1327–28, outstanding equities unneeded, 1759 against admission, 1071–72, 1434 1441–42 procedures, 1749 relief, 692, 1721–22 as aggravated felony, 301–05, 322, 325 removal, see Removal proceedings— motions to reopen, 1751, 1776 as CIMT, 9, 132–33 deportation; Removal proceed- non-LPRs, 1760–67 as removal grounds, 298–99, 317, ings—inadmissibility changes in current law, 1769–70 322, 323, 325 2615 child abuse, cont’d KURZBAN’S IMMIGRATION LAW SOURCEBOOK, 17TH ED.

sexual abuse of minors unaccompanied, see Unaccompanied Colombia insurgents as aggravated felony, 301–05, 325 children denial of visas to aiders/abettors, 213 crime involving moral turpitude, voluntary departure, 704 Colorado 136–38 wedlock, born in- or out-of, 1375–76, deportation ground for failure to 1384, 1759, 2280, 2282–83, legislation affecting immigration, 51 register, 300–301 2287–88 committed to agency discretion doc- family petitions denied, 1441–42 Chile trine, 2041–44 history, 23 H-1B1 (fast track) visas, 1227 common law marriage, see Marriage K-1 unavailable, 1327–28 and cohabitation sentencing, 450 China (PRC) violence crime, 322, 323, 325 adjustment, 896 communicable diseases, see Conta- U.N. Convention on Rights of Child, Chinese Exclusion Act, 3, 2279 gious diseases etc., 935–38 Chinese Student Protection Act, 7, 896 Communist Party affiliation deferred departure program, 896–97 VAWA, see VAWA petitioners child abuse, cont’d grounds of inadmissibility, 211 Electronic Visa Update System naturalization, 2304, 2322 Child Citizenship Act, 13, 112, 186, (EVUS), 240 283, 1392, 2286–88 COMPETE Act, 24, 1275 choice of law child soldier recruiters, 26, 212, 282, circuit appeal, 2093–94 conditional parole, see Parole 866, 876 circus performers, 1276, 1279 conditional residence Child Status Protection Act (CSPA), citizenship, see Naturalization and citi- adjustment of status, 1393, 1399, 16–17, 1055, 1369–70, 1424, zenship 1472, 1561, 1785 1427–33 burden of proof, 691, 1400, 1579–80, asylees and refugees, 918, 1055 civil proceedings for criminal pur- 1586 diversity, 1428 poses, 489 investor, 1561, 1582–84, 1586 employment-based, 1428 civil rights statutes, see Litigation judicial review, 1401–02, 1592–94 immediate relative, 1427–29 marriage, 1393–1402 class actions, see Litigation immigrants, 1427–33 naturalization, 1405, 1587 INA §245(i), 1485–85 CLASS lookout system, see Security removal grounds, 279, 1400–1401, naturalization, 1428 checks 1587 retrogression, 1430 classified information status retained while fighting removal, children asylum/withholding, 1032 1400, 1587 (see also Juveniles; Minors; specific removal (deportation), 686–87, 740 conditions of confinement, challeng- visa types) removal (inadmissible), 627, 686–87 ing, see Detention adopted, see Adopted children clear-and-convincing evidence Condor Visa check, 1078–79 adulterine, 1375 standard confidentiality aged-out, see Aged-out children removal, 689–90 asylum, see Asylees and refugees amnesty, 688 battered/abused children, see Child clear-statement rule, 1992 asylum, 798, 847, 921, 945 abuse; VAWA petitioners climate change battered spouse (removal hearing), bonds, 522–28 basis for refugee status, 776 1371, 1397 breach of as a basis for asylum, 798, born abroad closed hearings 847, 921 citizenship, 2280–83, 2342–51 asylum, 934 family unity program, 1440–41 (Apdx. 1) battered spouse/child, 1401 legalization/amnesty, 1440–41 residency, 1504 special interest cases, 630 petitions, decisions on, 1451–52 court dependents, see Special immi- closed record, 687–88 removal hearing, 1345, 1356–57 grant juveniles closing argument, 668, 699, 729 T visa, 22, 578–79, 1350 de facto deportation, 482–83, 1794 TPS, 903 defined, 1374–92 CNMI, see Northern Mariana Islands U visa, 578–79, 1355 deportation grounds, 298–99, 301–5 coercive population control, see confinement, see Detention (see also Aggravated felons; Forced abortion/sterilization Crimes involving moral turpitude confiscation of U.S. real property (CIMT); Crimes of violence) collateral attack as ground of inadmissibility, 212–13 deportation hearings, 701–04 of criminal convictions, 382–83, 423, Congress, see Federal authority to reg- detention, see Detention 691, 1945–46 in EOIR hearings, 382–83 ulate immigration; History of im- legitimated children, 1376–77 migration laws orphans, see Adopted children of deportation order pornography, 133, 304, 331–32, 766, in criminal proceedings, 410–23 Conrad 30, see Physicians 1327–28, 1441 in failure-to-depart proceeding, 439 conspiracy reason to believe charge, 151 in subsequent deportation proceed- as aggravated felony, 341–42 recruitment of child soldiers, deporta- ing, 1795, 1847 as crime involving moral turpitude, 130 of foreign convictions, 389 tion for, 26, 212, 282, 866, 876–77 constitutional issues separation from parents, 526–27 in forfeiture proceedings, 432 in habeas proceedings, 1945–46, 1984 (see also Federal authority to regu- special immigrants, see Special immi- late; specific classes of people; grant juveniles of summary exclusion order in §275(a) (EWI) proceeding, 440–41 specific constitutional clauses, stepchildren, 1332, 1374–75, 1381, rights, and doctrines; specific con- 2288 collateral estoppel, 200, 567–72, 724– texts, e.g., Removal proceedings) studying in U.S. while accompanying 25, 746, 946, 1400, 2274 alienage, 42 parent, 1074 (see also Res judicata) benefits under INA, 47–48

2616 SUBJECT MATTER INDEX corruption

deportable/removable aliens, 46–47 acquiescence of public official, 884– facilitation, 293, 315 economic regulation, 42 88, 932 facts behind conviction, 380 enforcement, 39–41, 468–82 aggravated felony, 894 fast track pleas lawful, 388–89 executive branch, 40–41, 1725–27 alternate theories, 1004 Federal First Offender Act, 393–94 intermediate scrutiny, 38 analysis for CAT compared to asylum/ finality, 381–83 limitations on federal powers, 38–48 withholding, 932 foreign, 131, 145, 146–47, 289, 346– lower level government officials, 41 application process, 894, 931–32 47, 389, 2116 physical location and constitutional asylum, differences with, 931–33 forfeitures, 445 rights, 42–43 asylum officers, 917–18, 925 guilty pleas, see Guilty pleas preemption, see Preemption burden of proof, 888–93, 931–32 habeas corpus, see Habeas corpus rational basis test, 38–39 centers to treat torture, 777 JRAD, see Judicial recommendation rights of noncitizens, 38–48 changed conditions, 949, 1847–48, against deportation scope of review, 38–48 1871–79 judgment of guilt, not conviction, 376 search and seizure, 483–86 credible fear, 913–14, 928 juvenile delinquency, 120–21, 379– statutory interpretation, 2115 deferral of removal, 762, 879–80, 80, 445 strict scrutiny, 38 931–33 military, 376 Taking Clause, 2141, 2153 detention, 933, 942–43 misprision, 143–44, 389–90 consular processing diplomatic assurance against torture, nolo plea, 373, 375, 387–88, 657, 658, fees for visas, 1076 461, 894, 933–34 1754 fraud investigation, 1076 effective date, 879–80 nonimmigrant status affected, 278–79 homeless cases, 1458 expedited removal, 242–44, 894 out-of-status, 278–79 extradition, 461, 881, 907–08 pardons, see Pardons immigrant visas, 1457–63 IJ, procedures before, 934 Pickering, see Vacatur advisory opinions, 1462 INA §235(c), 249, 894, 933, 935–36 post-conviction relief, 377–79, 391–97 denial of visa, 1462 judicial review, 778, 1051, 1908, pretrial intervention, 376–77 return of petition, 1461–62 1988–89 prisoner transfer treaty, 461–62 judicial review, see Judicial review political basis/motive not necessary, probation, see Probation nonimmigrant visas, 1071–72 884 proof of, in removal proceedings, advisory opinions, 1078 procedure, 879–95, 931–32 672–75, 677, 679–85 BioVisa program, 1074 REAL ID Act, 933, 1988–89 record of, 679–85 denial of visa, 1077–78 reinstatement of removal order, 741– relief from, 391–97 DHS involvement, 1075–76 53, 894 Rule 11, 397 interviews, 1075 regulation proposed June 2020, 913 Rule 32, 397 Visa Interview Waiver Prog. 1075 reopen, motion to, 880, 1032–34 Rule 35, 397 overstay inquiry, 1080 standard of proof, 888–93 sentencing, see Sentences and sen- return of petition, 1086, 1603–04 State Department, 894, 933–34 tencing security issues, 1078–80 stowaways, 249, 927 setting aside, 392, 396–97 stateside processing, 1076–77 summary removal, 737 solicitation, 144, 292–93, 389–90, termination of, 894 1327 spouse and child applying abroad, terrorists, 740 speedy trial, see Speedy trial 1074 torture, defined, 881–84 transfer of prisoner to home country, waivers, 232 unlawful presence, 158 461–62 contagious diseases willful acceptance, 885 treatment not sentence, 287 (see also AIDS/HIV) willful blindness standard, 885 two offenses, convictions for detention, 759 withholding of removal, differences, grounds of deportability, 287–88 grounds of inadmissibility, 92–94 931–33 grounds of inadmissibility, 150–51 inspection, 237 conversion vacation of sentence, see Vacatur contempt powers, IJ, 656 preference petitions, 1424–25 withdraw plea, 389, 397 religious, as asylum ground, 1012 withholding of adjudications, 373, 375 continuances writs, 396 corroboration obtained for asylum, convictions 954 admission of a crime, 679 cooperation with government counsel obtained, 595, 631 Alford pleas, see Plea bargains (see also S visas; T visas; U visas) INA §245(i), 595–96 All Writs Act, 396 agreement with prosecutor, 443–44 judicial review, see Judicial review appeal, 381 coram nobis, 395–96 removal (deportation), 586–97 audita querela, 396 coronavirus, 78–92 removal (inadmissible), 272 collateral attack, 382–83, 410–23, CARES, 92 U visas, see U visas 595, 1945–46 CDC response, 83–84 visa petition pending, 591–93, 1486– collateral estoppel DOL response, 91 87 removal proceeding, 567–72, 724– DOS response, 84 continued presence, 1802 25, 746 EOIR response, 88–89 commitment for treatment, not sen- ICE response, 86–88 Controlled Application Review & tence, 287 presidential proclamations, 78–83 Resolution Program, see CARRP coram nobis, 395–96 USCIS response, 89–90 courts martial, 376 Convention Against Torture (CAT), definition, 10, 373–81 corroboration, see Asylees and refu- 776–77, 879–95, 927, 1051 early removal after conviction, 766 gees; Withholding of removal (see also Asylees and refugees; With- enhancement of sentence, 380, 399– corruption holding of removal) 400, 455–56 exposing as grounds for asylum, see abandonment of application, 894 expungements, 392–94 Asylees and refugees extradition, 461, 554, 907–08 ground of inadmissibility, 214–15 2617 counsel, right to KURZBAN’S IMMIGRATION LAW SOURCEBOOK, 17TH ED. counsel, right to court dependents, see Special immi- crimes involving moral turpitude (see also Attorneys) grant juveniles (CIMT), 120–45, 285–89 access to client, 647, 939 courts martial, see Convictions accessory after the fact, 144 accredited representative, 653 admission of crime, 120 admissions by, 649–51 COVID-19, see Coronavirus alien smuggling, 142 appearing on behalf of other counsel, credibility determinations, 970–1005 assault, 123, 131–32 584, 647–48 administrative record, BIA, 1838–41 attempts, 120 appointed counsel, 646–47 airport interview inconsistent, 685–86, burden of proof, 130–31 bond appearance only permitted, 521, 983–86 categorical, modified categorical ap- 647–48 alcohol and drug use, 978 proaches, 124–28 briefs as admitting conviction, 683 BIA standard, 974 differences in analysis between agg. conflict, 2214 brief testimony, reflection on credibil- felony and CIMT, 366 criminal conduct, 500, 660 ity, 1004 criminal pleas/Padilla, 383–87 confrontation, 977 child abuse/abandonment, 132–33, 135 deferred inspection, 249–50, 272, 632 court error, but denial upheld, 991–92 consequences, 120 detention, visitation by counsel, 267 demeanor, 974–75, 1840 conspiracies, 120 DHS, representation before, 632–33 documents, standard for, 960, 1839 conviction, defined, 373–81 DOS, representation before, 633 evidence, right to present, 1004 definition, 122–23 due diligence in motion to reopen, see failure to call witnesses, 667, 978 deportation for, 284–89 Due diligence failure to seek third country asylum, divisible statutes, 127–28 equitable tolling, see Equitable tolling 977–78 drug offenses, 145–50 Form G-28, 267, 513, 647, 648–49, false statements, 986 DUI / DWI, 133, 135 940 false travel documents, 978 false statements, 141, 143 harmless error rule, 635–36 falsus in uno, falsus in omnibus, 977 firearms, 133, 145 in forma pauperis, 271–72, 647 forum shopping, 979 foreign convictions, 131, 145, 146– fraudulent documents, 988 47, 289 ineffective assistance of counsel fraud, 143 affecting conviction, 383–87, 397 not fatal to credibility, 959–60 geography, lack of knowledge, 979 against government, 141–43 criminal pleas (Padilla), 383–87 inadmissible for, 120–45 due diligence, see Due diligence hearsay, 978–79 IJ conduct, 979, 988–90 inherent nature of crime, 123–24 equitable tolling, see Equitable tolling juvenile crimes, 120 exhaustion, 644 IJ error, reversal, 992–97 incompetent counsel, 981 legally coherent crime, 130 Lozada req’ts, 633–34, 640–41 mental state required, 128–30 notaries, 641 inconsistency minors, abuse of, 132–33, 136–38 relief unavailable, 645 on asylum application, 979–82 misprision, 143–44, 390 remedy for, 644 in asylum interview, 983–86 money laundering, 142–43, 150 removal proceedings, 633–45 lack of credibility not fatal, 990–91 persons, crimes against, 131–36 reopen proceedings, 644–45 materiality of statement, 987–88 petty offense exception, 121–22 labor certification, participation in, minor inconsistencies, 987 political offense, 122 1693–94 nontransfer of credibility finding, 1004 property, crimes against, 138–41 law students, 653 perjury, 1005 regulatory crimes, 144 limited appearance, 647–48 post-traumatic stress disorder, 667, 986 sentence, 121–22, 285–87, 366–69 malpractice suits, 660 presumption of credibility, 973 sexual offenses, 136–38 monitoring conversations with client, REAL ID Act, 971–74 smuggling, 142 648 similarities in different applications, statutory construction, 124 982–83 notice to counsel waiver, 224–29 speculation by IJ, 988–90 weapons offenses, 145 in absentia cases, 715–16 substantial evidence, 991, 997–1004, as notice to respondent, 648–49 1049–50, 1841 crimes of violence, 317–27 protective order violation, 658 treatment by BIA, 1838–41 (see also Aggravated felons; specific at refugee interviews, 782 witnesses, failure to call, 667, 978 crimes) registration, 651 credible-fear determinations, see criminal forfeiture, 445 right in asylum, 939–40 criminal records right in removal proceedings, 271–72, Asylees and refugees; Convention 583, 630–33 Against Torture (CAT); Withhold- disclosure search warrant of attorney’s files, 500 ing of removal) immigrant visa petitions, 1326, 1355, 1449 service of papers and decisions upon, crewmembers K-1 Petitioner, 1326 see subhead: Notice to counsel adjustment of status, 1339, 1466, K-3 Petitioner, 1333 (in this heading) 1480 obtaining records through FBI, 619 stipulation by, 649–51 asylum claims, 927, 935–36 proof of, 679–85 telephonic appearances, see Tele- cancellation of removal, ineligibility, recourse solely to records and not facts phonic and video technology 1745, 1765 of criminal act, 124–28, 347–66 D visas, 1337–39 time to obtain counsel, 583, 595, 631 cross-appeals transfer of client away from counsel, detention due to security agreement, BIA, 1823 647 1339 circuit courts, 2086 waiver of client’s appearance, 651 crimes, 397–462 waiver of right, 645–46 (see also Aggravated felons; Convic- cross-chargeability, see Preference withdrawal, 647–48, 651 tions; Crimes involving moral tur- petitions country-condition reports (DOS), see pitude; specific crimes) cross-examination Department of State immigration-related crimes, 424–43 right in removal proceeding, 660–67

2618 SUBJECT MATTER INDEX deportation grounds

Cubans exceptions to Chevron deference, cables and FAM, list, see Table of (see also NACARA) 2077–85 Authorities at pp. 2447–51 1956 Cuban Liberty and Democratic agency actions contrary to regula- country-condition reports, 923–24, Solidarity Act, 17, 212, 1059 tions, 2083 964–70, 1847–48 adjustment programs, 1056–59, 1436– clear regulatory language, 2084 disclosure of records, 1085–86 37 clear statutory language, 2082 fraud investigation, 1076 arriving aliens, adjustment in removal Congress did not delegate to nonimmigrant visas, generally, 1071– proceedings, 1057–58, 1478–80 agency, 2077–79 72 battered spouse/child, 1057 constitutional question, 2084 review Cuban Adjustment Act, 1056–59 construction of statute/regulation administrative, 1161, 2329–30 death of petitioner, 1057 impermissible, 2082 judicial, 1078, 1085, 1161, 2011– eligibility for §212(c) cancellation criminal state or federal law inter- 16, 2318–19, 2333–34, 2335 relief, 1058 preted, 2085 discretion not given to DHS, 2084 right to counsel before DOS, see EWI eligible for adjustment, 1057–58 Counsel, right to expedited removal, 241, 244 expertise lacking, 2083–84 family reunification parole program, inconsistent interpretations by security related, 1078–80 1059 agency, 2084 Visa Office, 1078–80, 1460 inadmissibility of person who confis- interpretation unreasonable, 2082 visa petitions, 1458 cated or trafficked in property, 212 litigation position, not interpreta- departure from U.S. parole programs, 1059 tion, 2084 (see also Travel) suspending admission, 215 retroactivity questions, 2081 during BIA appeal, 1828–29 wet-foot/dry foot policy, 783–84 Skidmore/Christensen/Mead defer- during federal appeal, 2038–39, curricular practical training, see ence, 2067–69, 2077–81 2091–92 statutory construct, only issue, 2083 F visas (academic students) grace period for NIVs, 1091–92 deferral of removal during motion to reopen, 1862–63 custody, see Bonds; Detainers; Deten- detention, 933, 943 prior to hearing, 73, 76, 707 tion; Federal jurisdiction; Habeas withholding/asylum distinguished, return if unlawfully deported, 2091–92 corpus 931–33 dependent H-1B employers, see Customer Identity Verification deferred action programs, 565–66, H-1B visas (CIV), see Biometric identification 1795–1802 deportation, see Deportation grounds; Customs and Border Protection (CBP) battered spouse/child, 1371 Removal proceedings—deporta- (see also Security checks) DACA (Deferred Action for Child- tion detention standards, 268–69 hood Arrivals), 1795–1801 establishment of, 16–17 DAPA (Deferred Action for Parental Immigration Advisory Program, 235 Accountability), 1801 deportation grounds, 277–373 family of deceased veteran, 1373 aggravated felonies, 301–73 (see also D military and veterans family mem- Aggravated felons) bers, 1801 bribery, 338, 339 D visas, see Crewmembers NTA issuance for DACA cases, 557 burglary, 322, 325, 330 DACA / DAPA, see Deferred action deferred enforced departure (DED), change of address, 282 child abandonment, 298–99 programs 896–97 child abuse, 298–99, 317–27, 322 death of petitioner, 1443–44 deferred inspection, see Admission child neglect, 298–99 automatic revocation ended, 1455 and inspection child soldiers, recruitment of, 282 Cuban Adjustment Act, 1057 degree equivalency, 1530–31, 1543, CIMTs, 284–89 (see also Crimes in- EB-5 investors, 1586 1663 volving moral turpitude) family-based petitions conditional residence, termination of, demeanor during testimony, 974–75, deceased service members, 1373– 279, 1400–1401 74, 1442 1840 criminal activity, 284–390 effect of spouse’s death, 1367–68, denaturalization, see Naturalization document fraud, 282–83 1411–12, 1443–44 Department of Homeland Security domestic injunction violation, 299–300 domestic violence, 297–300 history, 15, 28 (DHS), 16–17 drug abuser, 289 K-1 / K-2 petitions, 1326 criminal conduct by DHS employees, drugs, 289–94, 305–15 K-3 / K-4 petitions, 1333 reporting, 445 effective date of new deportation revocation of petition, 1442, 1455 DHS-TRIP, see Security checks grounds, 300, 369–73 widows, 1367–68 following BIA precedent, 1846–47 entry without inspection, 278 death of sponsor, see Affidavits of law establishing, 16–17 espionage, 280, 297 support memoranda/decisions, effect on BIA, export of technology, 280 1846–47 declaratory judgment action, 1955–56 extrajudicial killing, 282 right to counsel before DHS, see failure to disclose information, 279 Defense Department visas, 1222 Counsel, right to failure to maintain medical controls, deference (EB-5), see Employment- Secure Flight Program, see Security 278 creation visas checks failure to maintain status, 278–79 deference to agency interpretation Department of State (DOS) failure to register, 282–83 (Chevron), 2067–85 advisory opinions false claim of U.S. citizenship, 283 asylum, 923, 933–34, 949 falsification of documents, 282–83 Brand X deference, 1816–18, 2069, security related, 1079–80 fine, final administrative order for, 283 2076–77 visa office, 1078, 1462 firearms, 294–96, 316

2619 deportation grounds, cont’d KURZBAN’S IMMIGRATION LAW SOURCEBOOK, 17TH ED.

Foreign Agents Registration Act, detainers mandatory (pre-removal), 9, 541–50 282–83 in deportation, 533–40 marriage in, 264, 1420–21 foreign policy, 281–82 medical challenge to, 549 former grounds, 280, 372–73 detention, 252–70, 511–54 mental health provider access, 267–68 fraud, 282–83, 333–37 (see also Bonds; Detainers; Federal outside U.S., 263–64 genocide, 282 jurisdiction; Habeas corpus) parole, 256–58 high-speed flight, 289 abuse of discretion standard, 258 revocation of, 261 human trafficking, 296 aggravated felons payment for work, 263 immoral purpose, importation of per- removal (deportation), 541–50, pregnant detainees, 265 sons for, 297 942–43 presidential order on terrorism, 550–52 inadmissible at entry, 277–78 alternatives to, 519 pretrial criminal proceedings, 538 investor status, failure to maintain, arriving aliens, 245–47, 253–54, 256– pretrial presentment to IJ for bond 1587 58 hearing, 512 marriage fraud, 280 asylum applicants, 257–58, 942–43 prison sentence, relation to, 749 military-type training, recipients of, attorney access, see Counsel, right to prolonged detention, 260–61 282 automatic stay of IJ bond, 255, 528, prosecutorial discretion, 511–12 money laundering, 315 543 REAL ID Act, 531 moral turpitude crime, 284–89 Bail Reform Act, 540–41 remedy for unlawful detention, 549–50 Nazis, 282, 870 Bivens actions, see Litigation sexual assault in, 269–70 Neutrality Act, 296, 542 bonds, see Bonds situs of detention, 512–13 out-of-status, 278–79 charge lacking, 509 solitary confinement, 266 overstay, 279 CAT, see Convention Against Torture Speedy Trial Act, 462, 479 overthrow of U.S., 280 children and families, 263, 511–12, standards president, threatening the, 297 522–28 CBP, 268–69 prostitution, eliminated, 301 complaints, 269 ICE, 264–69 protective order violation, 299–300 conditions of, 260, 264–69, 2130 statutory challenges to, 544–50 public charge, see Public charge constitutional challenges, 528–32, 544– stay on bond, 255, 543 public safety endangerment, 280–81 50, 751–53, 1931–34, 2003–04 strip searches, 514–15 religious freedom violators, 282 contagious disease, 759 supervised release, see Supervised re- sabotage, 280, 297 crewmember detention pursuant to se- lease security, 280 curity agreement, 1339 telephone access to counsel, 267 sedition, 297 criminal proceedings, relation to, 538 terrorists, see Terrorists and terrorism selective service laws, 296 Cuban parolees, 73–74 transfer to another facility, 513–14 sex traffickers, 296 deportation, 511–54 transgender detainees, 265–66 sexual offender, failure to register, discretionary decision challenges, voluntary departure, detention pend- 300–301 530, 548–49 ing, 1738 smuggling, 279–80 DNA collection, see DNA collection vulnerable people, see Prosecutorial stalking, 299, 326–27 due process/equal protection, 259 discretion subversives, 280 employment, 263 DHS-TRIP, see Security checks terrorism, 281 expedited removal, see Expedited re- theft, 327–31 moval Dictionary of Occupational Titles torturer, 282 facilities, 511–14 (DOT), see Labor certification trading with the enemy, 296 Fed. R. Crim. P. 5(a), 409 diplomats travel restrictions during war/national final order (§241) vs. removal pro- adjustment of status, 1317–18, 1324 emergency, 297 ceedings (§236), 761–62 domestic partners, 1319, 1320 treason, 297 forced feeding of detainee, 263 immunity, 2165 two crimes involving moral turpitude, foreign policy reason, 759 inadmissibility, 151, 1319, 1321–22 287–88 Guantanamo, 263–64 lawful permanent residency, 1321, U.S. citizenship, false claims, 283 hunger strike by detainee, 263 1324 in U.S. in violation of law, 278–79 identification of detainee, 264 for children of, 1367 violent crimes, 317–27 IIRIRA changes, 9–10 overstays, 1083

voting unlawfully, 283–84 deportation grounds, cont’d impartial adjudicator challenge, 549 special immigrants (G-4s), 1322, inadmissible, 252–70 deportation procedures, see Removal 1340, 1550 indefinite detention reviewed, 528–32, visas, 1317–25 (see also A visas; proceedings—deportation 548 G visas; N visas) depositions, see Discovery information disclosure about detainee, disabled persons 264 derivative beneficiaries (family citizenship, 14, 2305–06 members) ISAP (Intensive Supervision Appear- ance Program), 519, 760–61 not a ground of inadmissibility, 120 (see also specific visas for principals) Joseph hearing, 543 discovery of asylees, see Asylees and refugees judicial review, see Judicial review A-files, 599 priority dates, see Priority dates juveniles, see subhead: Children and application, production by DHS, 627, residency applications, 1348, 1370, families (in this heading) 1721 1398–99, 1427–33 location Brady material, 626, 652, 2325 withholding, no benefit, 870, 1053 of detainees, 264 Dent request for A-file, 599 derivative citizenship, see Naturaliza- of facility, 512–13 depositions, 619, 2211–12 tion and citizenship ICE’s Online Detainee Locator Sys- employer sanctions cases, see Em- designated school official (DSO), 1125 tem (ODLS), 264 ployer sanctions (see also F visas; J visas; M visas) mandatory (post–removal order), FBI records request, 619 750–60 Federal Records Act, 628 Detainee Treatment Act of 2005, 23 2620 SUBJECT MATTER INDEX dual-intent doctrine

fine proceedings (INA §274C), 2247 DNA collection double jeopardy FOIA, see Freedom of Information Act of children at border, 527 employer sanctions, 2235 habeas proceeding, 1945 crime for refusal to allow, 443 fine proceedings under INA §274C, interrogatories, 619 of detainees, 514 467, 2235 Jencks Act, 619 for family-based petitions, 1447 prosecution for entering U.S. and loss of nationality, 2329 docketing, see Executive Office for found in U.S., 404, 408–09 mandatory access to documents, 599 Immigration Review (EOIR) removal proceedings, 441–42, 479, outside administrative record, 2049–50 1847 doctors, see Physicians plaintiff employment and personal in- driver’s licenses jury cases, 2253–54 document fraud, see Documents, sub- pretrial conference, 271, 627, 2213 crime involving moral turpitude for head: unlawful acts involving doc- fraudulent use, 141 Privacy Act, 619–26 uments removal hearings, 423, 598–628 employer sanctions, 2191 right to production of favorable evi- documents REAL ID Act, 21, 1513 dence, 626 authentication, see Asylees and refu- seizure of, 505 right to records & documents, 626–27 gees driving and parking violations subpoenas, see Subpoenas corroboration, see Asylees and refu- DUI, see DUI / DWI undocumented workers, issues involv- gees; Withholding of removal parking violations and traffic tickets ing, 2253–54 credibility, see Credibility determina- insufficient to bar naturalization, unfair immigration employment prac- tions 2301–02 tices, 2268–69 date document is considered “filed” drones at the border, 503 visa record disclosure, 1085 with USCIS, 1087 drug offenses discretionary decisions reviewed, duplicate documents abuser/addict, 97–98, 233, 289 1961–78 approval notice (I-824), 1075, 1078 admission, basis for inadmissibility, bond, 519–21, 530 labor certification, 1608, 1657 97–98, 147–48 INA §242(a)(2)(B)(i), 1970–78 prevailing wage determination, 1205 as aggravated felony, 305–15 INA §242(a)(2)(B)(ii), 1961–70 evidence of criminal convictions, assister/abettor, 148–49 discretionary relief, see Relief; Re- 679–85 constitutionality of “reason to be- moval proceedings—deportation protective orders, 687–88, 1032, lieve,” 150 1472, 1720 crimes involving moral turpitude, discrimination against aliens retention by 145–50 Bivens actions, 2137–41, 2179 asylum officer, 924 deportation for, 289–94, 305–15 civil rights statutes, 2129–32 ICE officer, 507 inadmissibility for, 97–98, 145–50 constitutional issues, 37–48 unlawful acts involving documents inadmissible even if conviction va- E visas, 1309 cated, 380–81 Title VII, 2251–52 destruction of official docs, 438 document abuse as unfair immigra- inadmissible for reason to believe, unfair employment practices, see Un- 148–49, 278 fair immigration-related employ- tion empl. practice, 2260–62 document fraud, 138–42, 173, 229– spouse and child inadmissible, 150 ment practices 32, 282–83, 337, 338, 434–37, juvenile exception, 379–80 disfavored group, see Asylees and 464–67, 958–60, 2340 marijuana refugees establishing commercial enterprise no deportation under dismissal of complaint under Rule to evade immigration laws, 436 §237(a)(2)(B)(i), 293 12(b)(6), 2123–24, 2267–68 failure to disclose role as document single possession, not subject to de- preparer, 439, 2340 portation, 293 district director fraud related to ID documents, 21, waiver, 150, 224–29, 1804–05 deferred action, 1795 138–42, 2254–55, 2340 paraphernalia, 147, 150, 224–29 motions to reopen/reconsider, 1890 not fatal to credibility, 959–60 petty offense exception not available, diversity immigrants, 1434–36 trafficking in false documents, 457 146–47 affidavits of support, see Affidavits of domestic partners, see Marriage and reason to believe, 148–49, 380–81 support cohabitation recidivists, 314–15 aged-out children, 16–17, 1428 solicitation, 144, 292–93, 305–11, electronic filing, see Electronic filing domestic violence, see Child abuse; 389–90 judicial review, see Judicial review Spousal abuse; VAWA petitioners specific intent not required, 147 divisible statutes domestics trafficking, 144, 148–49, 290, 291, aggravated felonies, 320–21, 347–52, au pairs, see Au pair program 305–15, 451, 766 357–66 B-1 status, 1118 two drug possessions as trafficking, crimes involving moral turpitude, employment authorization, 1121 314–15 127–28 labor certification, 1677–78 Travel Act, 293–94, 315 domicile waiver divorce of §212(a)(2)(a)(i)(II), 150 affidavit of support, 110–11 battered spouse, effect on, 1368–69 under §212(c), 1749–51 cancellation of removal, 1744–45, I-864 effect on, see Affidavits of sup- under §212(h), 150, 224–29, 1804–05 1760–61 port under cancellation of removal, divorce, 1408–09 marriage petition, effect on, 1327, 1742–85 INA §212(c), 1749 1330–31, 1333, 1335, 1368–69, simple possession, 150 1375, 1396–97, 1400, 1402, INA §212(h), 226–27 1404, 1408–10 minors, 1745 dual citizenship, see Naturalization sham, 1415 nonimmigrant status, 1073 and citizenship stepchild status, effect on, 1375 suspension, 1781–82 dual-intent doctrine, 1072, 1108, DOS, see Department of State 1170, 1270, 1277, 1494 2621 due diligence KURZBAN’S IMMIGRATION LAW SOURCEBOOK, 17TH ED. due diligence nonprofits not permitted, 1303–04 electronic filing for equitable tolling in motions to reo- Northern Mariana Islands, 1308 consular applications (DS-160), 1074, pen, 1880–84 source of funds, 1304 1332 in absentia orders, 709 employees of Es, 1306–07 diversity immigrants, 1435 due process employment for spouse, 1308 ELIS, 1087 employment with subsidiary, 1307 EOIR, 581 (see also Constitutional issues; Fifth expropriation of U.S. property, 1309 Amendment; Judicial review; spe- I-9s, 2186–93 family members, 15, 1308 labor cert. (ETA-9089), 1611–12 cific context of claim) grace periods, 1301 detention decisions, 253–54, 259, labor condition application (ETA- intent to depart, 1299 9035e), 1207 264–65, 267, 544–50, 748–60 job shop employees, 1308 labor certification, 1617–18, 1642, service of papers on counsel, see LPRs not eligible as owners, 1300 Counsel, right to 1674 multiple employees, 1308 LPRs, 46, 75–78, 77, 253–54, 259, USCIS, 1087 nationality of E, 1300–1301 electronic notification, 1086–87 273–74, 544–50, 748–60, 1365 petition, substantive changes on, 1307 marriage in removal proceeding, procedures, 1307–08 electronic surveillance 1402–03, 1402–05, 1420–21 reciprocity, 1307 as evidence, 487 notice of hearing/petition, 718 strikes, 1308 wiretaps, 501 relief, grace or right, 47–48, 477–78, treaties, 1299 1725–28 Electronic Visa Update System table of signatory countries, 2367– (EVUS), see Security checks in removal (deportation), 46–47, 468– 68 (Apdx. 6) 77, 748–49 USMCA / NAFTA, 1108 embargoes in removal (inadmissible), 44–47, 67– effect on E-1, 1303 68, 73–74, 259 E-3 visas (Australian Special Occu- effect on employment-based petitions, DUI / DWI pation), 1309–10 1601 as aggravated felony, 325 employment authorization for battered Employ American Workers Act, 28 as CIMT, 133, 135, 144 spouses, 2238 employee’s labor rights, 1178, 2244– naturalization, 2302 grace (10/60 day) periods, 1310 as “particularly serious crime” bar to Eastern Europeans, see NACARA 55 asylum, 873 physical or mental disorder, inadmis- EB-1 visas (priority workers), 1519–28 employer sanctions, 2183–2236 sible for, 95–97 expert testimony, 1521–22 agent as employer, 2184–85 revocation of NIV, 1084–85 extraordinary ability, 1422, 1519–23 agricultural employers, 2185 lawyers, not eligible for EB-1, 1523 ALJ decision, 2223 duress defense multinational executives and manag- to escape from detention, 440 attorney conflict, 2214 ers, 1422, 1525–28 attorneys, sanctions, 2213–14, 2275 to forfeiture, 432 O visa vs. EB-1, 1523 to reentry, 404 attorneys’ fees, 2237, 2275 outstanding professors and research- audits, 2209 to smuggling, 430 ers, 1422, 1523–25 to terrorism and related offenses, see B-1 not subject, 2186 Terrorists and terrorism EB-2 visas (advanced-degree profes- bankruptcy, no stay in, 2211, 2224 sionals; persons of exceptional bond, indemnity, 2234 E casual hires ability), 1529–41 defense, 2186, 2221–22 exceptional ability defined, 1532–33 defined, 2184 E-1 & E-2 visas (treaty trader/ expert testimony, 1532 investor), 1299–1310 civil penalties, 2224 NIWs, see National interest waivers consent order, 2223 adjustment of status, 1300, 1469 physicians, see Physicians admission, 1301 constitutional challenge, 2207–08, B-1 entry, 1119 EB-3 visas (skilled workers, profes- 2223, 2238 constructive knowledge, 2196–98 bilateral investment treaties, 1299 sionals, other workers), 1541–43 continuing employment defined, 2194 country listing (table), 2367–68 degree-equivalency differences betw. (Apdx. 6) copies of documents, 2189–90 prof. & skilled workers, 1543 coverage of Act, 2183–85 business plans, 1300 LC required, 1541 change of status, 1307 criminal penalties, 439, 2199, 2234–35 licenses, 1543 debarment, 2234 definition, 1299 professional, definition of, 1542–43 discrimination in employment, 1309 defenses, 2190, 2210–2011, 2214–23 professional/skilled vs. other workers, discovery, 2211–12 dual intent, 1072, 1299 1541–42 dual nationality, 1300–1301 documentary requirements, 2189–92 E in lieu of H-1B, 1308 EB-4 visas, see Special immigrants; double jeopardy, 2235 E-1 (treaty trader) criteria, 1301–03 specific types of immigrants effective dates, 2186, 2238 electronic verification, 2199–2206 embargo’s effect on, 1303 EB-5, see Employment-creation visas nationality of company, 1300–1301 employee defined, 2183–84 principal trade, 1302 effective assistance, see Counsel, right to employer defined, 2184–85, 2235–36 trade, 1301–02 effective dates, see substantive headings employment, continuity of, 2194 employment, incident to status, 2198 E-2 (treaty investor) criteria, 1303–06 E-filing, see Electronic filing commercial enterprise, 1304 entity defined, 2235–36 development and direction of the El Salvadorans E-Verify, 2199–2205 business, 1305–06 Asylum Cooperative Agreement, extension of stay as affecting employ- escrowed, 1304 859–60 ment, 2183, 2194 investment, 1303–05 refugee/parole program for minors, federal government liable, 2185 marginality of investment, 1305 782 2622 SUBJECT MATTER INDEX employment-based immigration

Fifth Amendment, 2208–09, 2223, selective enforcement, 2223 H-1B employees, 1196, 2238 (see 2211–12 settlement, 2223 also H-1B visas) final order, 2223 Social Security false identification, history, 2238 fines, 2209–10, 2224 see subhead: Name change (in incident to status, 2238–39 good-faith defense, 2190, 2214–20 this heading) interim employment auth., 2243 grandfathered employees, 2185, 2222 standard of proof, 2198 judicial review, see Judicial review hearings, 2210–14 statute of limitations, 2222 L-1 employees, 1297, 2238 (see also affirmative defense, 2210 subcontractors, 2203 L visas) counsel, 2213 subdivisions, liability of, 2235–36 labor certification, 1608 decision, 2223 subpoenas, 2208, 2212 nonimmigrants, 1101–02, 2241 (see default, 2211 substantial compliance defense, 2220 also specific visa) dismissal, 2210–11 successor employers, 2185 parolees, 250–51, 2242 evidentiary rules, 2213 three-day business requirement, portability, 1598–1601, 2241 improper charges, 2210–11, 2222 2186–87 procedures, 1101–02, 2242 initiation of, 2210 three-day notice for inspection, 2207– professional athletes, see Athletes; record, 2213 08 O visas; P visas summary decision, 2212 time for checking documents, 2186–87 prosecutorial discretion, 562, 2242 time for firing unauthorized employ- removal proceedings, 2242 hiring defined, 2183 ees, 2195 request permission to work, 2239 I-9s, see Forms ultra vires regulations, 2223 revocation, 2243 IIRIRA changes, 2185 unfair immigration employment prac- spouse of E visa holder, 1308 IMAGE program, 2205 tices, 2190 spouse of L visa holder, 1297 indemnity bond penalty, 2234 verification requirement, 2186–92, standard of review, 2062, 2242 independent contractors, 2184, 2221 2202–03 strike provisions, 2246–47 inspections, 2207–08 violations, 2195–99 students, 2241–42 (see also F visas; investigation, 2206–07 warrantless search, 2209 J visas; M visas) judicial review, see Judicial review worksite enforcement time to adjudicate, 2243 knowledge requirement, 2196–98 expedited removal, 2207 verification, see Employer sanctions labor certification, filing as basis for humanitarian concerns, 2207 voluntary departure, 2242 knowing violation, 2196 MOUs, 2207 mitigation of fines, 2224 employment verification, see Em- Monitoring and Compliance Branch, ployer sanctions; E-Verify 2206 employment authorization, 1101–02, multi-employer bargaining unit, 2222 2238–43 name change / false identity, 2190 180-day automatic extension, 2239 employment-based immigration, NLRA, 2198 240-day automatic extension, 2241 1421, 1422, 1519–1714 no-match regulations, 2197–98, adjudication within 90 days, 2243 (see also Immigrant visas; Labor cer- 2204–05, 2205–06 adjustment applicants, 1494 tification; Preference petitions; Northern Mariana Islands, see North- administrative closure of case, 698, Special immigrants; specific visas ern Mariana Islands 2239–40 and professions) notice of intent (to fine), 2209–10 advance parole and EAD in one docu- ability to pay by employer, 1687–88 ment, 1492 OCAHO review, 1854–55, 2065, 2236 adjustment of status, 1601–02 paperwork violations, 2214–16, application for, 2243 approved employment-based petition- §245(k), 1488–89 2225–31, 2231–34 legislative history, 10 pattern-or-practice violations, 2234–35 ers, 2240 Armed Forces enlisted, 2239 portability, 1596–97, 1598–1601 penalties, 2223–36 administrative review, 1604 (see also ability to pay, 2229–30 asylee (granted), 1053 asylum applicants, 943–45 Administrative review) deterrent effect, 2231 approvals, 1596–97 employees authorized to work, automatic 240-day extension, 2241 battered spouses/children, 1321, 1323, authorization to work, see Employ- 2228–29 ment authorization good faith, 2214–20 1371, 2240 A, E-3, G, and H, 2238–39 backlogs, 1465, 1529, 1541 history of violations, 2229 bridging/stacking AOS application, mitigation, 2225–31 beneficiary awaiting priority date, 1489 proportion of fine to conduct, 2230– 1465, 1608 burden of proof, 1434 31 bond, 254 change in employer, 1539, 1596–97 size of employer, 2226–27 cancellation, 2239–40, 2242 change in petition, 1596 preemption, 2202–05, 2237–38 compelling circumstances for copies submitted to USCIS, 1595, pre-population of I-9, 2187–88 for employment-based, 2240 1608, 1657 receipt in lieu of document, 2189 conditional residents, 2238 court dependents, see Special Immi- recruiters for a fee, 2183, 2198 constitutional right, 2243 grant Juveniles referring for a fee, 2183, 2198 DACA, 1798, 2242 death of beneficiary, effect on deriva- rehire, 2195 denial as abuse, 2062 tives, 1602 release of I-9 prohibited, 2188–89 deportation, 2242 DHS review, generally, 1595–1608 remedial orders, 2224 discretion to deny, 2239–40, 2242 embargoed countries, 1601 replacement document, 2189 economic necessity, 2243 employee’s intent to work at job, 1607 retention of I-9s, 2192–93 employer specific, 2238–39 employer not needed, 1519–20, 1544 reverification, 2193–95 employment authorization document employer’s ability to pay wage, see safe-harbor, 2197 (EAD), 2239 Labor certification SAVE program, 2205–06 entrepreneurs, 71, 2239, 2240, 2241, search warrant, 2208–09 2242 family unity program, 2239 2623 employment-based immigration, cont’d KURZBAN’S IMMIGRATION LAW SOURCEBOOK, 17TH ED.

expedited processing of petitions, see IMPLAN, 1573, 1575–76 entry , see Admission and inspection Expedited processing of cases; investment, 1563–69, 1566–69 entry without inspection (EWI) Premium processing job-creation period, 1572 battered spouses/children, waivers for, extraordinary ability, see EB-1 visas legislation, 1594–95 168, 170, 1372 intent to work at certified job, 1607 litigation over program features, criminal and civil penalties, 440–41 judicial review, see Judicial review 1592–94 Cubans, 1057–58 national interest waivers, see National loan proceeds, 1568 deportable, 278 interest waivers loans, 1565 expedited removal, 241–48 NOIDs, see Notice of intent to deny malpractice by counsel, 1593 inadmissibility, 67–68, 168–70 original documents to USCIS, 1595 material change, 1581, 1583, 1585–86 parole permitted, 68–69 petition process, 1595–1604 multiple investments, 1565 unlawful presence, 156 multiple investors, 1571 portability, 1598–1601 EOIR, see Executive Office for Immi- 180-day period, 1598–1601, 1600 NAICS codes, 1577 multinational executives, 1600 naturalization, 1587 gration Review same or similar occupation defined, new commercial enterprise, 1562–63 Equal Access to Justice Act (EAJA), 1599 partnerships, 1568, 1571 see Attorneys’ fees promissory notes, 1566 self-employment as basis for, 1600 equal protection, 38–48, 481–82 successor employer, 1597–99 quota backlog, 1561–62 redemption agreements, 1567 (see also Constitutional issues; spe- post-submission changes to petition, redeployment of funds, 1568–69 cific context of claim) 1596 REDYN, 1575–76 asylum claims, 935 priority dates, see Priority dates regional centers, 1575–79, 1581 equitable tolling request for evidence (RFE), 1607 termination, 1578–79 distinguished equitable estoppel, 1794 return of petition to DHS, 1461–62, REMI, 1575–76 FTCA, 2133–34 1603–04 removal of conditional residence sta- habeas corpus, 2039 revocation, 1454–57, 1602–03 tus, 1582–84 in absentia orders, 708–09, 1883–84, RFEs, see Requests for evidence removal proceedings, 1587 2060 Schedule A, see Labor certification reserve payment, 1568 ineffective assistance of counsel, 708– subsequent employer, 1598–1601 revisiting I-526 during I-829 process, 09, 1880–84 successor in interest, 1597–98 employment-based immigration, cont’d 1594–95 lottery, 1435 withdrawal of petition, 1446, 1603 RIMS II, 1573, 1575–76 motions to reopen, 1880–84 secured loans, 1567 NACARA, see NACARA employment-creation visas (EB-5), securities law, 1588–92 relief from removal, 1727–28, 1776–77 1561–95 source of funds, 1565–66, 1580 special cancellation, 1776–77 adjustment of status on different basis, spouse of investor, 1586 unfair immigration employment prac- 1584–85 targeted employment area, 1569–71, tice, 2263–64 allocation of jobs, 1574 1581, 1583 Eritrea application process, 1579–82 high unempl. area defined, 1570–71 visa discontinuance, 767 at-risk investment, 1566–69 rural area defined, 1570 escape in removal proceedings, 440 after job creation, 1473 tenant-occupancy, 1585 backlog, 1561–62 termination of status, 1586 espionage, see Deportation grounds; basic, not regional center, investment, time period for job creation, 1572 Inadmissibility grounds 1561–62 travel during I-829 pendency, 1583 ESTA (Electronic System for Travel bridge financing, 1564–65 troubled business, 1573, 1580 Authorization), see Security checks business plan, 1571–72, 1580 trusts, 1566 children estoppel, 409, 567–72, 1792–93 as investors, 1562 employment/labor rights, 2244–55 distinguished equitable tolling, 1794 exhaustion not necessary, 2002–03 of investors, 1562, 1582, 1586 encouraging illegal aliens, see Trans- conditional residency, 1561, 1582 porting/harboring European Union death of investor, 1586 EU laissez-passer travel document, deference policy, 1584–86 Enhanced Border Security and Visa 182, 1319 demand multiplier, 1576 Entry Reform Act, 15 EU privacy regulations, 626 employment, full time, 1571, 1572–73 E-notification, see Electronic notifica- E-Verify, 2199–2205 employment creation, 1572, 1580–81 tion indirect, 1573–74 entertainers erroneous approval, 1585 evidence escrowed funds, 1564 EB-1 immigrants, 1519–23 abandonment for failure to present, 688 EB-2 immigrants, 1532 ethical DHS issues, 1587–88 abstract of judgment, 684 H-2B visas, 1264–65 evidence required, 1579–82 administrative notice, challenge to, fair market value, 1564 labor certification, 1705 1848 O visas, see O visas administrative notice of conditions forms and requirements for filing P visas, see P visas I-526 (immigrant petition), 1579–82 (asylum), 949 I-829 (petition to remove condi- entrapment, 409 admission, 677–79 tions), 1582–84 entrepreneurs amnesty applications, use as evidence, guaranteed returns, 1566–67 B-1 entry to explore investment, 1119 688 hotels, 1577 E visas, see E-1 & E-2 visas arrest reports, 684 I-526 petitions, 1579–82 immigrant visas, see Employment- asylum applications, use of as evi- I-829 petitions, 1582–84 creation visas (EB-5) dence, 686, 921 I-924 process, 1574–79 parolees, 69–72, 2242 asylum cases, see Asylees and refu- gees, subhead: Evidence 2624 SUBJECT MATTER INDEX F visas (academic students)

attorney’s statements in briefs, 683 Executive Office for Immigration EB-2 petitions, 1532 authentication of documents, 677–79 Review (EOIR) labor certifications, 1672 battered spouses, 688, 1371, 1768 docketing, 564, 1555 O visas, 1272 briefs, statements in as evidence, 363, electronic filing, see Electronic filing P visas, 1278, 1279 683 Internet Immigration Info (I³), 627–28 removal proceedings, 665–66 classified info, 627, 686–87, 1032 organization & information, 2370 Export Control (EAR & ITAR) vio- close of hearing, 688 (Apdx. 8) criminal convictions, 679–85 practice manual, 664 lations, 190–91, 1178, 1228, 1273, document fraud not fatal to credibility, 1296 959–60 executive orders, see Presidential proclamations and executive orders expropriators of U.S. property expert testimony, see Expert testimony E treaties, 1309 foreign convictions, 2116 executives, see EB-1 visas; L visas grounds of inadmissibility, 212–13 foreign law, 686 expungement hearsay exhaustion of administrative remedies, defer removal proceeding, 595 removal proceedings, 672–75 411–13, 618, 1943–44, 1992–2011 effect on criminal conviction, 392–94 visa processing, 1076 AWO, see Affirmance without opinion I-9s, see Forms bond, 2003–04 extension of stay, 1092–94 incompetents, 704–07 exceptions to exhaustion requirement, (see also specific visas) interview statements, 685–86 2002–11 bridging, 160, 1093 minors, 701–04 citizenship case/claim, 2006 cancellation of visa (INA 222(g)), negative inference for failure to pre- detention case, 2003–04 1082–83 sent, 689 estoppel, 2010 three/ten-year bar, 160–61 offer of proof, 686 failure to inform of relief, 2010 travel while extension is pending, 1093 police reports, 684 futility, 2008–10 visa waiver program, 1091–92, 1112 polygraph, 666–67 intertwined issues, 2011 extradition presentence report, 683 irreparable harm, 2010 asylum claims, 907–08 presumption of regularity, 686 legal issue arose after briefing, 2007 CAT, application of, 461, 880, 907–08 protective order information, 687–88 manifest injustice, 2007 without extradition treaty, 461 rap sheet, 684–85 no review procedure, 2003 extraordinary ability, see EB-1 visas; pure legal question, 2007–08 record of conviction, 679–85 O visas regularity, presumption of, 686 raised fairly below, 2010 relevance in discretionary relief, 1739, regulatory challenge, 2007–08 extraordinary circumstances 1758–60 removal proceedings only, 2006 asylum cases, 863–64 removal proceedings (deportation), review procedure not mandatory, extraordinary rendition, 2149–50 598–628, 660–67, 671–89, 934 2003–04 ext removal proceedings (inadmissibility), timeframe for review lacking, 2010 reme hardship, 1732–34 272–75, 598–628, 660–67, 671– waiver of appeal not voluntary, INA §212(a)(9)(B)(v) waiver, 161–68 89, 934 2010 INA §212(h) waiver, 225 right to respond, 949 INA §212(i) waiver, 229–32 habeas corpus, 1943–44 provisional waiver, 164–68 sealed information, 687–88 ineffective assistance of counsel, 644 self-incrimination, 670–71 standard of review, 2056–57 torture, 2150–51 suspension, 1770–73, 1782 sentencing factor notations, 683 voluntary departure, 1741 sequestration of witnesses, 688 suppression of, 483–89, 670 expatriation, see Naturalization and F vacated conviction, 683 citizenship, subhead: loss of citi- zenship F visas (academic students), 1125–46 EVUS (Electronic Visa Update Sys- absence abroad, 1141 tem), see Security checks expedited processing of cases, 1097– B-1/B-2 prohibited from attending 98, 1448, 1581, 1601 EWI, see Entry without inspection school, 1142–43 (see also Premium processing) cancellation of visa under INA Ex Post Facto Clause, 478–79 expedited removal §222(g), 1143 exceptional ability, see EB-2 visas; administrative review, 247 change of address, 1144 Labor certification credible fear, 242–44, 254, 256, 257, change of status from B-1/B-2, 1142–43 exceptional and extremely unusual 913–14, 927–28 to H-1B (cap-gap), 1130, 1173–74 hardship, see Cancellation of re- criminal aliens, 736–39 Cubans, 241, 244 commuter students from Canada and moval, subhead: Non-LPRs (hard- deportation, 241–48 Mexico, 1128–29 ship criteria) detention, 245–47, 255–56 consular procedure, 1129 exceptional hardship (§212(e) exceptions, 242–45 criteria, 1125–26 waiver), 224, 1155–57 judicial review, 247–48, 1946–47, curricular practical training, 1134 duration of status, 1129 exchange visitors, see J visas 2102–03 minors, see Juveniles employment, 1132–41, 2241–42 exclusion grounds, see Inadmissibility notice of right to file asylum, 247 Haitian students, 1132 grounds parole, 245–47 Syrian students, 1132–33 exclusion hearing and procedures, reasonable fear, 928–29 entry time after obtaining visa, 1130 see Removal proceedings—inad- stay of removal, 248 extension of stay, 1144 missibility visa waiver program, 245 family, 1144 fee paid to SEVIS, 1123–24, 1126 exculpatory evidence, disclosure of expert testimony financial ability to attend school, 1127 Brady rule, see Discovery asylum, see Asylees and refugees full course of study defined, 1127–28 EB-1 petitions, 1521–22 2625 F visas, cont’d KURZBAN’S IMMIGRATION LAW SOURCEBOOK, 17TH ED.

grace period of 60 days, 1130 family-sponsored immigration, living apart, petition not invalid, H-1B cap, see subhead: Change of 1365–1421 1410, 1414 status (in this heading) (see also Immigrant visas; Lawful minor (under 18) as petitioner, 1412 inadmissible because of visa abuse, permanent residents; Preference naturalization, 1405 173 petitions) outside U.S., 1420 in-state tuition, see Students permanent residency, 1393–1405 accompanying, defined, 1423 international organization, internship physical presence in U.S., 1399 adverse evidence, respond to, 1452–53 with, 1133 procedures, 1393–1405 affidavits of support, see Affidavits of Mexican commuter students (F-3), proof of bona fide marriage, 1413–14 support (I-864) 1128–29 proxy marriage, 1410 aged-out child, see Aged-out children online classes, 1128 public policy issue, 1408 approval, 1452 optional practical training, 1134–41 relation back doctrine, 181, 736, Armed Forces, family of deceased, STEM degrees eligible for OPT ex- 1409 1373–74 tension, 1135 religious marriage, 1408 battered spouses/children, see VAWA out of status, 1141–42 removal proceedings, 1400–01, 1412 petitioners overstay, 1143 marriage while in proceedings, BIA procedural issues, see BIA review procedures, 1129 1402–05, 1470–71 birth certificates, 1447 public school attendance prohibited, reopen, motions to, 1470–71, 1786, 1126 burden of proof, 1434 1867–68 reduced course load, 1128 revocation of petition, 1454 same-sex marriages, see Same-sex reinstatement, 1143–44 termination of conditional resident partnerships school certification by ICE, 1144–45 status, 1400 separation, effect of, 1410 school ranking irrelevant, 1125–26 child defined, 1374–92 sham divorce, 1402, 1415 SEVIS, see SEVIS confidential evidence, 1451–52 sham marriage, 1412–15 Social Security card, 1141 consular processing, 1457–63 status retained while fighting re- status, out of, 1141–42 conversion, 1424–25 moval, 1399–1400, 1498 strikes, 1141 copies of documents to USCIS, 1446 subsequent marriage, 1405 subject of study irrelevant, 1125–26 criminal background of petitioner termination, 1399–1400 termination of status, 1142 as a basis for denial, 1441–42 test for validity, 1413–14 transfers, 1131–32 disclosure to beneficiary, 1449 transgender marriage, 1406–07 tuition, in state, 1125 derivative status, 1422, 1427–33 validity of marriage, 1406 undocumented students, see Students divorce, sham, see Divorce veteran’s spouse, 1373–74

visa abuse, 173 F visas, cont’d DNA testing, see DNA collection viability of marriage, 1410–12 withdrawing from school, 1132 eligibility void marriage, 1408 Facebook, 1414 at time of filing/approval, 1448–49 waiver of joint filing, 1394–98 expedited processing of petitions, 1448 facilitation of crime, 293, 315 fee waiver, 1448 military, family of deceased, 1373–74 factual findings reviewed, 1038–49 forms, force of law, 482, 1446–47 minor, sexual abuse of as bar to peti- tion, 1441–42 by BIA, 1815, 1834–38 immediate relatives, 1367 by federal courts, 2063–64 nonpreference category, 1367–1421 children, 1374–92 originals submitted to USCIS, 1446 suspension/cancellation, 2065 de facto deportation of, 482–83 good moral character, 1731 parents, 1367, 1392 parents, 1367, 1392 petition process, 1441–57 failure to appear spouses, 1393–1421 petition returned by DOS to DHS, asylum, 923, 934 widow(er)s, 1367–68, 1411–12 1461–62 relief unavailable, 707–08, 1719–20 inadmissibility not a basis to deny pe- petitioner precluded from filing, removal, 171, 274–75, 707–23, 1719– tition, 1449 1441–42 20 investigation as basis to hold petition, preferences categories voluntary departure, 1719–20 1449 1st (unmarried son or daughter of failure to depart marriage-based petitions USC), 1421 after final removal order, 439 adjustment of status, 1393–1421, 2nd (spouse or unmarried child of Absconder Apprehension Initiative, 1470–71 (see also Adjustment LPR), 1421 763 of status) 3rd (married son or daughter of fines, 467 administrative review, 1401–02 USC), 1421 voluntary departure, 1736–38 admissibility, presumption against, 4th (sibling of USC), 1421 Fair Labor Standards Act, 263, 1434 presumption against admissibility, 2248–50 approval of petition as presumption 1434 false claim to U.S. citizenship, see of validity of marriage, 1412 priority dates, see Priority dates records unavailable, 1446 Naturalization and citizenship cohabitation, not required, 1410, 1414 replacement visa, 1462–63 false statements, 434–36, 435–36, common law marriage permitted, rescission, 1494–96 438, 926, 986, 2199, 2295–96, 1408 return of petition to DHS, 1461–62 2337–40 conditional residency, 1393–1402 revocation, 1454–57 Family and Medical Leave Act, 1195 death of spouse, effect of, 1367–68, sexual abuse of minor barring petition, 1411–12 1441–42 family detention, see Detention, sub- divorce, effect of, see Divorce siblings, 1381, 1382–83, 1392–93, head: Children and families fraud, see Marriage fraud 1421 family unity, see Legalization INA §204(c), 1416–19 venue for filing I-130/I-360, 1444–45 judicial review, 1401–02 widow(er)s, 1367–68, 1411–12

2626 SUBJECT MATTER INDEX Fifth Amendment farmworkers, see H-2A visas; Legali- convictions, persons barred from re- Prison Litigation Reform Act, 1946 zation view, 1909, 1932, 1933–34, Privacy Act, 619–26 1957–61 private right of action under INA, 2161 fashion models, 1221–22 declaratory judgment action, 1955–56 REAL ID, overview, see REAL ID Act fast-track deference to agency interpretation, record, 2047–51, 2096 guilty pleas, 388–89 2067–85 reinstatement of removal order, 741– H-1B1s, see H-1B1 visas denaturalization, 2325–26, 2329–37 42, 1989–90 premium processing, see Premium departure from U.S., 2038–39, 2091–92 remands, 1960, 2096–2101 processing deportation proceeding, 2085–2102 removal proceedings, 2085–2102 FBI detention and parole, 258, 528–32, retroactivity, 2116–23 as immigration agents, 510 541–50, 761, 1908, 1957, 2003– ripeness, 2026–28 records requests, see Discovery 04, 2090–91 scope of review, see Judicial review discretionary decisions sovereign immunity, see Sovereign FDNS, see Fraud Detection and Na- possible review despite bar, 1722 immunity tional Security Directorate review barred, 1908, 1961–78 standard of review, see Judicial review federal authority to regulate immi- dismissal of complaint under Rule standing, see Standing gration, 37–48 12(b)(6), 2123–24 statutory construction, see Statutory (see also Preemption) effective dates of AEDPA and construction rules distinction among aliens, 43–47 IIRIRA, 2125–26 statutory preclusion to jurisdiction, alienage-based discrimination, 42 exhaustion, see Exhaustion of admin- 1895–1909, 1957–92 physical-location-based, 42–43 istrative remedies stays, 1954–55, 2088–91 race or national-origin discrimina- facially legitimate, bona fide, 258–59, sua sponte reopening, 2042–43 tion, 41–42, 44 2051–52 subject-matter jurisdiction, 2011–16 sex discrimination, 44 factual findings reviewed, 1038–49, substantial-evidence test, 1038–49, enumerated constitutional powers, 37 1731, 1834–38, 2063–64, 2065 2062–66, 2094–95 executive powers, 40–41 Federal Tort Claims Act, 2134 summary judgment, 2123 implied constitutional powers, 37–38 federal-question jurisdiction, 1914–17 summary removal, 1906–07, 2102–03 legislative powers, 39–40 filing, timely, 2085–88 terrorism, 550–54, 740 lower-level officials, 41 final order, defined, 1909–14 Torture Victims Protection Act, standards of review, 38–39 Foreign Sovereign Immunities Act, 2147–48 see Sovereign immunity trafficking victims, civil action, 2151– federal employer identification num- frivolous appeals, 659–60 52 ber (FEIN) fugitive, 2035–36 transfer of case to and from circuit H-1B, 1196–97 gross miscarriage of justice, 2052 court, 1944–45 labor certification, 1612–13, 1667 habeas corpus, see Habeas corpus Tucker Act, 2153 harmless error, 635–36, 698–99, 2066 U.S. as party, 2035 federal jurisdiction, 1895–2126 IIRIRA changes, generally, 9–10, U.S. nationality claim, 2096 (see also Judicial review) 1895–1903 venue, 2039–40, 2093–94 abuse of discretion, 2052–62 INA §236(e), 258, 528–32, 1957, 2062 void for vagueness, see Void for adjustment, 1914, 1974–78, 2062 INA §242, 1906–08, 1909–14 vagueness under HRIFA, 1436–37, 1908 (a)(2)(B)(i), 1970–78 waivers, 1908, 1961–74, 1992–97, I-130 petition denial, 1453–54 (a)(2)(B)(ii), 1961–78 2036–37 marriage fraud finding, 1415 (a)(2)(C), 1907, 1957–61 wrongful deportations, 2039, 2091–92 under NACARA, 1436–37, 1908 (a)(2)(D), 1897–1900 Federal Records Act, see Discovery Alien Tort Claims Act, 2141–42 (b)(9), 1909, 1911–13 Federal Tort Claims Act, see Litigation (g), 1978–83 All Writs Act, 396, 2101 fees Anti-Terrorism Act of 1991, 2153 injunctive relief, 1954–55, 2023–24 at Anti-Terrorism and Effective Death judicial notice, 2101 torneys’ fees, see Attorneys’ fees Penalty Act (AEDPA), 1931–32 laches, 2034 consular fees for visas, 1076 APA, 1917–31 law of case, 1944, 2066–67 fee schedule, 1448 Article III issues, 2011–35 (see also legislative history, 1909 procedure for filing with BIA, 726 specific issues in this heading) loss of citizenship, 2329–37 procedure for filing with IJ, 726 attenuation, 2034 mandamus, 1947–53 refund, 1448 BIA not bound “case or controversy” mandate stayed, 2101 waiver, 233, 1448 limitation, 1821 manifestly contrary to law standard, female genital mutilation (FGM), see Bivens action, 2140–41 1050, 2052 Asylees and refugees Chevron deference, 2067–76 mootness, 2028–33 fiancé(e)s, see K-1 & K-2 visas choice of law, 2093–94 nationality claim, 2096 civil rights actions, 2129–32 naturalization, 2329–37 Fifth Amendment claims processing rules, 1819–20 non–final orders, 2011 (see also specific rights) vs. jurisdictional limits, 2114–15 noninquiry rule, 2035 in absentia hearing, 723 class action, 2103–06 notice of appeal, 2085–88 burden of proof not satisfied, 670–71, committed to agency discretion, pendent, 1914 689–90 2041–44 political question doctrine, 2034–35 continuance, basis for, 596 consolidation of issues on review, post hoc rationalization, impermissi- crimes as basis for assertion, 671 1911–13, 2096 ble, 2045–47 removal proceeding, 670–71 constitutional claims not barred, preclusion of review, see Judicial review suppression, 487 1897–1900, 1991–92 presumption of review, see Judicial motion, 670 consular review, 1078, 1085, 1161, review taking, 2141 2011–16, 2065 prior adjudication, 2037–38 testify, refusal to, 670–71 2627 fifth preference (employment) KURZBAN’S IMMIGRATION LAW SOURCEBOOK, 17TH ED. fifth preference (employment), see Foreign Agent Registration Act, document abuse, 2260–62 Employment-creation visas (EB-5) 282–83 documents required for I-9, 2190–92 evidence in removal proceedings, filing, see Electronic filing; Forms; foreign asset control violations, 191, 2204 specific contexts 1601 false claim to U.S. citizenship, 183– Filipino war veterans foreign convictions, see Convictions 84, 283, 2199 naturalization, 2311 foreign degrees falsifying employment information, parole program, 896 advanced degree defined, 1529–32 2274 final order foreign degree equivalency, 1543, 1663 I-90 (Appl. to Replace Permanent BIA authority to issue, see BIA re- foreign law, 686 Resident Card), 1498–1500 view I-129, see Change of status; Nonim- defined, 1909–14 foreign medical graduates, see Physi- migrants; Premium processing; remand, as a, 2101 cians specific nonimmigrant visas fines, 462–67 foreign officials, see A visas; Diplo- I-130 (see also Family-sponsored im- migration) airlines, 463–64 mats; G visas appeal, 464, 467 petition process, 1441–57 foreign policy r defenses, 463–64, 467 einstatement, 1411–12, 1455 detention, 759 I-140, see Employment-based immi- document fraud, 464–67 grounds of inadmissibility, 210 employer sanctions, see Employer gration grounds of removal, 281–82 I-212 (advanced permission to sanctions Foreign Sovereign Immunities Act, entry, attempted, 441 reenter), 152–54 escape from removal, 440 see Sovereign immunity I-213, 497, 619–20, 662, 676 (see also EWI, 441 foreign state chargeability, see Immi- Removal proceedings—deporta- tion; Removal proceedings—in- failure to depart after final order, 467 grant visas failure to present documents, 465 admissibility) judicial review, see Judicial review foreign-residency requirement, I-407 (abandonment of residency), mitigation, 463 1154–55 1501–03 procedures, 463–64, 465–66 annotation error, 1162 I-824 (duplicate approval notice), remission, 463 cancellation of removal, 1745, 1765 1075, 1078, 1424, 1430, 1476, summary decision, 466 change of status, ineligible, 1094–95 1500 unfair immigration employment prac- E.U. countries, 1161, 1162 I-864, see Affidavits of support (I- tices, 2270 family members, 1166 864) impossibility of performance, 1161–62 firearms offenses forum shopping judicial challenge, 1161 adverse credibility finding, 979 as aggravated felony, 316 loss of citizenship, 1161–62 found in U.S. after removal, 399– criminal penalties, 441–42 repayment of funds, 1161 deportation, 294–96, 316 residency in third country, 1161 423, 454–55 moral turpitude, 145 skills list, 1162 Fourth Amendment, see Arrests; firm resettlement, see Asylees and spouses and children, 1166 Search and seizure refugees suspension, 1782 fourth preference, see Family-spon- first offender status, see Convictions third country residency, 1161 sored immigration; Special immi- waiver, 224, 1072, 1094–95, 1155–58 first preference, see EB-1; Employ- grants; specific types of immigrants ment-based immigration; Family- forfeiture, 430–33 fraud and misrepresentation sponsored immigration attorneys’ fees, see Attorneys’ fees 90-day rule, 174 collateral attack, 432 as aggravated felony, 333–37 FLAG (Foreign Labor Application constitutional infirmity of procedures, Gateway) System, see H-2A vi- amnesty related, 440 432 asylum claims, 918–19, 978, 986 sas; H-2B visas; Labor certifica- criminal, 445 civil proceeding, 173, 464–67 tion; Labor condition applications; defenses, 431–32 as crime involving moral turpitude, Prevailing wage foreign judgment enforcement, 433 143 Fleuti doctrine, 75–78 fugitive, 432 criminal proceedings, 434–39 grounds for, 430–31 flight from immigration checkpoint document fraud, see Documents innocent owner, 431–32 FDNS, see Fraud Detection and Na- at high speed jurisdiction, 431, 432 tional Security Directorate criminal statute, 441 probable cause for, 431 immigration-related fraud, 434–39 removal ground, 289 remission and mitigation, 430 inadmissibility ground, 173–82 Florida trial by jury, 432 burden of proof, 181 legislation affecting immigration, 52 forms materiality, 175–78 FOIA, see Freedom of Information Act (see also specific topics covered by other documentation, other benefits, 180 following to join forms) date document is considered “filed” waivers, 182 defined, 1423 willfulness, 178–80 derivative status, 1433 with USCIS, 1087 e-filing, see Electronic filing in lieu of marriage fraud, 181–82 force, excessive use of, 498 force of law, 482, 1098, 1446–47 naturalization by fraud, 2337–40 forced abortion/sterilization relation back doctrine, 181 I-9, 2186–93 SAW fraud, see Legalization as basis for inadmissibility, 213 (see also Employer sanctions) as persecution, 10, 778, 1023–28 social media used, 1414 correcting deficient I-9, 2193 Social Security fraud, 442 forced feedings of detainee, 263 disclosure prohibited, 2188–89 waiver, 229–32, 1415–16 2628 SUBJECT MATTER INDEX H-1B visas (specialty occupations)

willful blindness family, employment of, 1323–24 Guatemalans CAT claims, see Convention battered spouses, 2240 (see also NACARA) Against Torture inadmissible, 1321–22 ABC agreement, 904 deliberate avoidance as inadmissi- LPR status for children, 1367 Asylum Cooperative Agreement, 860 bility ground, 179 NATO, 1324–25 refugee/parole program for minors, 782 employer sanctions, see Employer overstay, 1083, 1324 guidelines, see Poverty guidelines; sanctions security and advisory opinions, 1322 Sentences and sentencing Fraud Detection and National Secu- special immigration, 1550 guilty pleas, 383–89 rity Directorate (FDNS), 632, three/ten-year bar, 156 gender identity, see Transgender issues agreement with prosecutor, 443–44 1100–1101, 1196 fast-track plea, 388–89 adjustment of status, 1414 gender-based discrimination, see Sex vacate plea, 383–85, 395–97 H-1B visas, 1196 discrimination withdrawal of plea, 389, 397 religious visas, 1100–1101, 1549 gender-based persecution, see Guineans free trade agreements Asylees and refugees visa discontinuance, 767 Australia, see E-3 visas Canada & Mexico, see TN visas; General Counsel, legacy INS Gulf War veterans, naturalization, USMCA memoranda not binding on DHS, 2311 Chile & Singapore, see H-1B1 visas 1846–47 Freedom of Information Act Georgia H legislation affecting immigration, 52 (FOIA), 599–618 H visas, generally, 1169 adequacy of search, 604–06 Global Entry Program, see Security (see also specific H visas) attorneys’ fees, see Attorneys’ fees checks employment authorization for battered burden of proof, 608–11 good moral character, 1728–31 spouses, 2240 fingerprint FOIA, 602 aggravated felony, 1731 numerical limitations, 1073, 1171–74, fugitives, 618 battered spouse, child or parent, 1228, 1267–68 genealogy, 602 1370–71 petition required, 1078 in camera review, 618 discretionary ineligibility, 1732 National Archives (NARA), 600 failure to pay taxes, 2300–2301 H-1A visas, see Nurses Open Government Act, 602–03, military service for naturalization, 2179–80 2302 H-1B visas (specialty occupations), procedures, 599–618 naturalization, 2295–2304 1170–1221 referral to other agencies, 606–07 registry, 1366 (see also Nurses; Physicians) Vaughn index, 609–10 statutory ineligibility, 1728–31 adjustment of status visa records disclosure, 1085–86 voluntary departure, 1735 extension while adjustment pend- Freely Associated States (Microne- government counsel, see Attorneys ing, 1194, 1494 sia, Marshall Islands, Palau) government suits, see Litigation travel without abandoning adjust- employment authorization, 2239 ment, 1196, 1491–92 visa not required, 1109 grand jury testimony not used in immigration proceedings, admission, period of, 1191–95 frisking, 496 489 advance parole unnecessary, 1196, frivolous filings 1491–92 grandfathering agents, 1176, 1187 appeals, 656, 1824–25 §245(i) purposes, 1482–86 amendments asylum applications, 918–19 employer sanctions, 2185, 2222 LCAs, see Labor condition applica- fugitives green cards (I-551) tions deportation status, 439, 444, 763 conditional residency, 1498 petitions, 1188–89 escape from removal proceedings, confiscation of, 1498–1500 appeals, 1191 440 criminal charge for failure to carry, attestation, see Labor condition appli- fugitive disentitlement doctrine 441 cations administrative review, 1887–89 lost, destroyed card abroad (I-131A), bachelor’s degree or equivalent, 1179, FOIA, 618 1499 1185 petitions for review, 2035–36 replacement of, 1498–1500 benching, 1198–99 right to pursue administrative appeal, second residency, 1501 1887–89 caps, numerical, 1073, 1171–74 status, not determinative of, 1365 cap-exempt, 1171–73 right to pursue FOIA requests, 618 temporary proof while I-90 pending, right to pursue forfeiture claim, 432 change of status and cap-gap, 1130, 1498–1500 1173–74 right to pursue relief, 1719–20 verifying residency, 1500–1501 waiver of federal appeals, 2035–36 doctors exempt, 1171 gross miscarriage of justice, 2052 INA §222(g), 1174 G grounds of removal, see Deportation master’s degree, 1172–73 grounds; Inadmissibility grounds change in employment, 1074, 1188–91 G visas (international organizations) Guantanamo classes, attending while in H-1B sta- (see also Diplomats) detention, 263–64 tus, 1195 adjustment, 1324, 1469 credential evaluations, 1186 cancellation of visa under INA guardians criteria, 1170– 1178 §222(g), 1083, 1324 ad litem, 483, 702–03 damages claims, 1186, 1210– 1217 children born in U.S., 1324 for deportation hearing of minor, 702– Defense Department visa, 1222 criteria, 1321–24 03 definition, 1179–84 employment, 1323–24 for inadmissible person, 98 denial, 1191 2629 H-1B visas, cont’d KURZBAN’S IMMIGRATION LAW SOURCEBOOK, 17TH ED.

dependent employers, 1170, 1196, physicians, see Physicians debarment, 1263, 1266 1219–21 portability, 1177–78, 1190 entertainers and athletes, 1264–65 DHS fees, 1187 posting notice, 1209 Fair Labor Standards Act, 2248–50 documentation needed, 1188 electronically, 1209 FLAG system, 1250, 1252 dual intent, 1072, 1170 prevailing wage, 1202–06 job contractors, 1247–48, 1262 E-3 visa compared, 1309 procedures, 1078, 1097, 1187–91 prevailing wage, 1252–55 educational equivalent, 1179, 1185 professional defined, 1184–86 procedures (DHS), 1265–67 employee payment, 1170–71 professional employer organization, procedures (DOL), 1249–65 employer 1174–75 recruitment, 1260–62 change in, 1074, 1188–91 public access file, 1208 requirements, 1241–47 employer-employee relationship, reduction in force as termination, 1191 revocation, 1268 1175–76 revocation, 1191 temporary defined, 1243–44 multiple, 1190 safe harbor, 1204 unfair employment practices required U.S., 1174–75 salary, payment within 30 days of en- relationship to, 2258–59 successor, 1188 try, 1170 salary by foreign employer, 1174–75 H-3 visas (trainees), 1167–69 employment, short term, 1190 self-petitioning, 1176 admission, 1168–69 evaluation, 1186 six-year limitation, 1191–92 criteria, 1167 experience sufficient, 1185–86 extension beyond 6 years, 1191–92 distinguish B-1 and J-1, 1168 Export Administration Regulation specialty occupations, 1179–84 extension, 1168–69 (EAR) violations, 190–91, 1178 spouse and children, 1195 externs, 1168 extension, period of, 1192–94 employment authorization for bat- labor certification as grounds to deny, extension during adjustment, 1194 tered spouses, 2240 1169 family members, 1195 strikes, 1178, 1207 nurses, see Nurses fashion models, 1221 successor employer, 1188 programs excluded, 1167 fast track, 1227–28 termination of employment and status, special education exchange program, fees, 1187 1178, 1190 1169 fines for failure to comply, 1212–15 time limitation, 1191–95 training program, 1167–68 FLAG system, see Labor condition transportation costs, 1171 applications travel during pendency of adjustment, foreign residency not required, 1170 habeas corpus 1196, 1491–92 AEDPA, 1931–32 fraud investigations, see Fraud Detec- U.S. employer only, 1174–75 tion and National Security Direc- against Attorney General, 1939–41 whistle blowers, 1216–17 bail, inherent authority to grant, 1936 torate (FDNS) willful violators, 1196, 1212–14, grace period, 1228 class treatment, 2103–06 1219–21 H-1B visas, cont’d grace period of 10 and 60 days, 1192 collateral attack, 1945–46 H-1B Visa Reform Act, 18–19 H-1B1 visas (Chile/Singapore FTA), constitutional review, 1931–34, 1991– 92 immigrant intent, 1072 1227–28 INA §222(g), 1083, 1174 criminal proceedings, 396–97 E-3 visa compared, 1309 custodian, 1939–41 independent contractors, 1175–76 Export Administration Regulation international medical graduates in custody requirement, 1937–38 (EAR) violations, 190–91, 1228 delay in hearings not permissible, (IMGs), see Physicians numerical cap, 1171–73, 1228 job shop (referred employees), 1176 1945 judicial review, see Judicial review H-1C visas, see Nurses detainers, 537–38 labor certification, effect of filing, discovery, 1945 1170 district court filing, 1944–45 H-2A visas (agricultural temporary equitable tolling, 1939 labor condition application (LCA), see workers), 1228–30 Labor condition applications exhaustion requirement, 1943–44 agriculture defined, 1228–29 Great Writ, 1931, 1992 layoff, 1198, 1220 countries designated for program, leave, 1190 IIRIRA, 1931–32 1240 law of the case, 1944 Family & Medical Leave Act, 1195 enforcement of contract, 1241–42 legislative history, 1170 outside U.S., 1942–43 FLAG system, 1230, 1233 personal jurisdiction, 1939–42 license requirement for position, portability, 1240 1184–85, 1188, 1191, 1222–23 personal service, 1939–42 procedures (DHS), 1239–41 procedural requirements, 1947 liquidated damages clause, 1187, 1202 procedures (DOL), 1230–39 maintain status, 1178 REAL ID Act, 21, 1932–34 requirements, 1228–30 removal proceedings, 1931–47 master’s degree or equivalent, 1186, seasonal defined, 1229–30 1219 res judicata, 1944 successors-in-interest, 1239, 1241 revocation of visas, 1937 multiple employer, 1190 temporary defined, 1229–30 numerical limitations, see subhead: sanctions against counsel, 1947 Caps (in this heading) scope of review, 1935–36 nurses, see Nurses H-2B visas (nonagricultural tempo- successive applications, 1946 overstay/INA §222(g), 1083, 1174 rary workers), 1242–60 summary removal, 247–48, 1946–47, owner as petitioner, 1176 additional cap workers, 1250 2102–03 per diem payment, 1197–98 administrative penalties, 1269 terrorist suspects, 550–54 associations, filings from, 1266 transfer affecting jurisdiction, 1938–39 petition vacation or set-aside of conviction, amended petition, 1188–91 athletes, 1265 beneficiaries 396–97 new petition, 1190 venue, 1939–42, 2039–40 revocation, 1191 naming, 1266 validity date from work date, 1188 substitution of, 1266 Hague Convention on Civil Aspects countries designated, 1265 of Child Abduction, 187–89 2630 SUBJECT MATTER INDEX history of immigration laws

Hague Convention on Protection of Anti-Drug Abuse Acts, 6 Irish Peace Process visas, 11–12 Children, see Adopted children anti-terrorism provisions, 8, 14–15, L-1 fee increase, 29 18, 19, 20, 24 L-1 Reform Act of 2004, 18–19 Haitians Armed Forces, prohibition against in- Liberian Refugee Immigrant Fairness Cuban-Haitian Adjustment Act, 1056 voluntary separation, 34 Act, 33–34 deferred departure program, 897–98 Armed Forces Immigration Adjust. LIFE Act and Amendment, 14 Family Reunification Parole Program, Act of 1991, 7 McCarran Walter (1952) Act, 4 905–06 Asiatic Barred Zone, 4 Military Commissions Act of 2006, Help HAITI Act of 2010, 29, 1439 Border Commuter Student Act, 16 23–24 HRIFA, 11, 897, 1437–38 Child Citizenship Act of 2000, 13 Military Personnel, Naturalization and aged-out children, 1427 Child Soldiers Accountability Act, 26 Other Immigr. Benefits, 17–18, 26 interdiction, 215, 783–84 Child Status Protection Act, 15–16 Military Personnel Citizenship Pro- student (F-1) employment, 1132 Chinese Exclusion Act of 1882, 3 cess Act, 26 suspected human rights violations as Chinese Student Protection Act of MTINA (Misc. & Tech. Immigr. & ground of inadmissibility, 11, 213 1992, 7 Natz Amdmts. of 1991), 7 temporary protected status, 905–06 Citizenship for Children of Military NACARA, 10 harboring aliens, see Transport- Members & Civil Servants Act, 34 national defense authorization acts, ing/harboring CNRA (Consolidated Natural Re- 17–18, 23, 25, 33–34 hardship sources Act of 2008), 25–26 National Origin Quota Act, 4 cancellation of removal, 1764–65, COMPETE Act of 2006, 24 Naturalization Act of 1790, 3 1770–73 Conrad 30 extension, 26, 29 Northern Mariana Islands (CNMI) exchange visitor, 224, 1155–57 Consolidated Appropriations Acts (of extending CW-1 Program, 33 suspension, 1770–73, 1782 2017, 2018), 33, 1250 extending U.S. immigration laws contract labor laws, 3 immigration to CNMI, 25–26 harmless error doctrine Convention Against Torture, 11 Long-Term Legal Residents Relief deportation, 480, 635–36, 698–99 death of petitioner/principal, 15, 16, Act, 33 federal court, 2066 17–18, 25, 29 Nursing Relief Acts, 6, 12 health care workers, 117–20 Detainee Treatment Act of 2005, 23 Obamacare, 28–29 health insurance eligibility, see Af- DHS Appropriations Act for FY10, omnibus/consolidated appropriations 28 acts, 11, 18, 24, 28, 31–32, 33 fordable Care Act DOJ Appropriations Auth. Act, 16 Orphan Redefinition Under Non- health insurance requirement, 116–17 early immigration legislation, 3–4 Hague Convention Countries, 30 public-charge consideration, 101–03 Employ American Workers Act, 28 parole-in-place, 34 health-related inadmissibility Enhanced Border Security and Visa Passport Act of 1918, 4 grounds, 92–98, 237 Entry Reform Act, 15 Patient Act To Extend VD, 13 exclusion laws, 3–4 REAL ID Act of 2005, 20–21 health-related reason for release, FAA Reauthorization Act of 2018, 33 Refugee Act of 1980, 5 245, 246, 256, 257, 549 H-1B fee increase, 29 Refugee Crisis in Iraq Act of 2007, 25 hearings, see specific tribunals (e.g., H-1B Reform Act of 2004, 18–19 Religious Freedom Act of 1998, 11 BIA review), specific type of pro- Hague Convention on Adoption, 12, Save Our Small and Seasonal Busi- ceeding (e.g., Employer sanctions, 29 nesses Act of 2005, 21 Removal proceedings), specific is- Help HAITI Act of 2010, 29 Secure Fence Act of 2006, 24 Heroes Earnings Assistance and Re- Soviet Scientists Immigration Act, 7, 16 sues (e.g., In absentia hearings), etc. lief Tax Act of 2008, 26 Steerage Act of 1819, 3 hearsay, see Evidence Homeland Security Act and Amend- Syrian Adjustment Act, 13 high-speed flight, see Flight from im- ments, 16–17 TARP H-1Bs, 28 migration checkpoint at high speed HRIFA (Haitian Refugee Immigration terrorism exceptions (Consolidated Fairness Act), 11 Appropriations Act of 2008), 25 Human Rights Enforcement Act, 28 Terrorism Prevention Act of 2004, 19 history of immigration laws, 3–34 IIRIRA, 8–10 terrorist states (broadening FSIA AC21 (American Competitiveness in IMFA (Immigration Marriage Fraud waiver), 25 21st Century Act), 12–13 Amendments Act), 5–6 Torture Victims Protection Act ACA (Obamacare) (Patient Protection IMMACT90 (Immigration Act of (TVPA), 7 and Affordable Care Act), 28–29 1990), 6–7 Torture Victims Relief Reauthoriza- Act of 1864 to Encourage Immigra- Immigration & Nationality Act of tion Act of 2003, 18 tion, 3 1965, 5 Trafficking Victims Protection Acts & ACWIA (Amer. Competitiveness & Immigration Act of 1907, 4 VAWA, 13, 18, 22–23, 26–27, Workforce Improvement Act), 11 Immigration Acts of 1882 and 1891, 3 29–30 Adam Walsh Child Protection and INA §245(i) legislation, 10, 14 Travel Promotion Act of 2009, 28 Safety Act of 2006, 23 INA §245(k) legislation, 10 U.N. Convention Against Torture, 11 Adoptive Family Relief Act, 30 INS abolished, 16–17 U.N. representatives, visa limitation, AEDPA (Anti-Terrorism and Effec- INTCA (Immigration and Nationality 30 tive Death Penalty Act), 8 Technical Corr. Act of 1994), 7–8 USA PATRIOT Act, 14–15 Afghan Special Immigrants, 23, 28, Intercountry Adoption Act, 12, 29 USIA abolished, 11 30, 34 International Marriage Broker Regu- U.S.-Mexico-Canada Free Trade AIDS/HIV (Lantos-Hyde ... Reau- lation Act of 2005, 23 Agreement, 34 thorization Act), 26 International Megan’s Law to Prevent VAWA, see subhead: Trafficking Alien and Sedition Acts of 1798, 3 Child Exploitation, 32 Victims Protection Acts (in this Alien Enemies Act of 1918, 4 Iraqi special immigrants, 23, 25, 30 heading) American Recovery and Reinvest- IRCA (Immigration Reform and Con- Vietnam, Cambodia and Laos Adjust- ment Act of 2009, 28 trol Act), 5 ment Act, 13 2631 history of immigration laws, cont’d KURZBAN’S IMMIGRATION LAW SOURCEBOOK, 17TH ED.

Violent Crime Control and Law En- Immigrant Investor Pilot Program, see return of visa petition, 1461–62 forcement Act of 1994, 7 Employment-creation visas (EB-5) revocation, 1454–57, 1602–03 Visa Waiver Improvement and Ter- judicial review, 1455–57 rorist Travel Prevention Act of immigrant visas second residency, 1501 2015, 31–32 (see also Employment-based immi- security checks, 1078–80, 1460 welfare law (Personal Responsibility gration; Family-sponsored immi- tax returns, 1459 & Work Opportunity Reconcilia- gration; Preference petitions; third country processing, 1462 tion Act), 8 specific visas and professions) three/ten-year bar, 1371–72, 1493 widow penalty legislation (2010 DHS venue, 1444–45 Appropriations Act), 28 adjudication prior to submission, 1596 waivers of inadmissibility, 220–32 William Wilberforce (TVPRA), 26– affidavit of support, see Affidavits of widow(er)s, 1367–68, 1411–12, 1455 support 27 history of immigration laws, cont’d aging-out, see Aged-out children Immigration Act of 1990 HIV, see AIDS/HIV battered spouses/children, see VAWA (IMMACT90), 6–7 Homeland Security Act, 16–17 petitioners Immigration Advisory Program, 235 homeless visa cases, 1458 birth certificates, 1447 burden of proof, 1434, 1446, 1454, immigration agents homosexuality 1459, 1461–62 criminal conduct, reporting, 445 adoption, 1385–86 changes to petition, 1596 power to arrest, 507–10 asylum claims, see Asylees and refu- confidential evidence, 1451–52 right to search and seizure, 483–86 gees, subhead: LGBT issues consular processing, see Consular pro- Immigration and Customs Enforce- marriage, see Same-sex partnerships cessing ment (ICE) mental health, 98 continuance based on petition, 591–93 catch and release policy, 247 Hondurans copies of documents permissible, 1446 detention standards, 264–68 Asylum Cooperative Agreement, criminal background of petitioner employee conduct, 268 860–61 as a basis for denial, 1441–42 ICE counsel agreement, see Prosecu- refugee/parole program for minors, disclosed to beneficiary, 1449 torial discretion 782 death of petitioner, see Death of peti- Priority Enforcement Program (PEP), temporary protected status (TPS), 904 tioner 539 housekeepers, see Domestics denials, 233, 1452–54, 1462, 1601–02 Secure Communities initiative, 539–40 deportation not stayed, 1452 VOICE (Victims of Immigration HPSA (health professional shortage discretionary acceptance, 1458 Crime Engagement), 399 area), 12, 1158–60, 1222, 1539–40 dual intent, 1072 Immigration Court Practice Manual HRIFA, see Haitians eligible at application time, 1448–49 embargoed countries, 1601 attorney, limited appearance, 647–48 Huawei Technologies Co. employment not granted when peti- change of venue, 584 visa restrictions, 210 tion approved, 1608 document submission, time, 627, 676 humanitarian entry to U.S. within 6 months, 1462–63 evidence, presentation/form, 627, 664 asylum, 843–45 expedited processing, 1448, 1601 filing documents, 584 parole, see Parole fingerprint checks, 1459 deadlines, 2352 (Apdx. 2) reinstatement of I-130, 1411–12 foreign state chargeability, 1422 FOIA, 602 special situations relief, 897 homeless visa cases, 1458 hearing, procedural issues, 627 investigation, withholding approval prehearing conference, 627 Hungarians subpoena, 618–19 cancellation of removal, 1775 until, 1449 judicial review, see Judicial review immigration judges (IJs) hunger strike by detainee, 263 lottery, see Diversity immigrants Benchbook, 566, 651, 700, 702 medical exam, 1459 completion quotas, 732–33 I name check procedure, 1460 contempt power, 656 National Visa Center, 1457–58, 1461 credibility determinations, see Credi- I-___ (forms), see Forms; specific top- numerical limitations, 1421 bility determinations ics covered by forms oversubscription, 1422, 1434 docketing cases, priorities, 580–81 I visas (information media repre- petition process, 1441–57 jurisdiction limited, 1811 sentative), 1315–16 adverse evidence, right to respond, jurisdiction removed upon BIA ap- I³ (Internet Immigration Infor- 1452–54 peal, see BIA review amending petitions, 1448–49, 1596 misconduct, 726–34 mation), see Executive Office for off-the-record discussion, 700, 2048 Immigration Review burden/standard of proof, 1446–52 denial of petition, 1452–54 recusal, 726–34 IBIS lookout system, see Security employment-based issues, 1595–96 roles as prosecutor and adjudicator are checks humanitarian reinstatement after separate, 730 ICE, see Immigration and Customs death, 1411–12, 1443–44, 1455 sanctions, attorney, 656–60 status docket, 581 Enforcement judicial review, 1455–57 (see also Judicial review) suits against, 731–32 IDENT system, see Security checks return of, 1461–62 transfer of case to new IJ, 729–30 identity theft (aggravated), 437, 2340 revocation of, 1454–57, 1602–03 Immigration Marriage Fraud illegitimate children, see Legitimacy police certificate, 1459 Amdts. Act, see Marriage fraud and paternity presumption against admissibility, 1434 Immigration Reform and Control immediate relatives, see Family-spon- priority dates, see Priority dates Act (IRCA), 5 sored immigration procedures, 1441–57 (see also Employer sanctions; Legali- records unavailable, 1446 zation; Unfair immigration-re- replacement visa, 1462–63 lated employment practices) 2632 SUBJECT MATTER INDEX injunctive relief immunity corruption, 214–15 overstays of government officials, see Litigation crime involving moral turpitude effect on counting 3/10 bar, 155 sovereign immunity, see Sovereign (CIMT), 120–45 new visa prior to reentry, 1082–84 immunity criminal grounds, 120–51 physicians, 1082, 1226 Cuba, confiscation or trafficking in visa void, 1082–84 imprisonment property, 212 defined, 10, 366–69 overthrow of U.S., 191 decision of other agency respected, 1803 passport invalid, 182 imputed political motive, 806–07 deported previously, 152–54 petition approval not barred, 1449 social group claim, 814 diplomats, 151 physical disorder, 95–97 in absentia hearings disclose confidential business infor- physician, 117 appeals, 711 mation, 213 polygamy, practicing, 152 burden of proof, 718–19 documentary violation, 152–73 present without admission or parole, defenses, 713–18 draft evasion, 183 170–71 due diligence, 709 drug abuser, drug addict, 97–98 by presidential proclamation, 214–19 equitable tolling, see Equitable tolling drug offenses, 145–50 prostitution, 151 exceptional circumstances as defense, drug trafficking, 148–49 public charge, 98–116 720–22 drunk driving, 133, 135 “totality of circumstances” frame- finality of order, 711 economic, 98–120 work, 2353–57 (Apdx. 3) inadmissibility for failure to attend, 171 effective date under IMMACT90 and reason to believe, 148–49, 191, 380–81 judicial review, see Judicial review IIRIRA, 233 reentry after EWI or removal, 152–54 Migrant Protection Protocols (MPP), elimination of certain grounds, 98, religious persecutor, 212 914–15 120, 152, 189 removal order, 152–54 minors, 703, 723 espionage, 190–91 removal proceedings, failure to attend, motions to reopen, 709–10, 1879 EWI, 170–71 171 notice, 713–18 excluded previously, 152 renounced citizenship for tax pur- removal (deportation), 707–23 executive order, 214–19 poses, 120 removal (inadmissible), 274–75, 707– export of technology, prohibition on, sabotage, 190–91 23 190–91 security grounds, 190–220 rescission of order, 710 expropriator of U.S. property, 212–13 sex traffickers, 151 self-incrimination, 723 extrajudicial killing, 211–12 smuggling, 171–73 stay of removal, 710 failure to attend hearing, 171 stowaway, 171 withdrawal of relief, 1719–20 false claim to U.S. citizenship, 183–86 student visa abuser, 173 final order under INA §274C, 173, in forma pauperis, 271–72, 647 tax avoider, 120 283, 464–67 terrorism, see Terrorists and terrorism INA §212(c), 1749–58 forced abortion or sterilization, direct three- and ten-year bars, 154–55 adjustment permitted, 1753–54 involvement in, 213 torture, 211–12 bars to eligibility, 1756–58 foreign assets control violation, 191 totalitarian party membership, 211 comparable ground of removal, 1757– foreign conviction, 131 trafficking drugs, 148–49 58 foreign health care workers, 117–20 trafficking in persons, 151 continuing availability, 1751–58 foreign policy, 210, 249 unlawful activity, 191 conviction after trial, 1753 former grounds, 98, 120, 152, 189 unlawful presence, 154–68 convictions prior to 1990, 1756 fraud, see Fraud and misrepresentation vaccinations, 94–95 eligibility, 1749–58 genocide, 211 voting unlawfully, 186–87 elimination of §212(c) relief, 1742 guardian of inadmissible person, 98 waivers of inadmissibility, see Waivers exclusion proceedings, 1749–58 Haitians, suspected human rights vio- special motion to reopen, 1754 lators, 213 inadmissibility hearing, see Admis- St. Cyr eligibility, 1751–54 health care workers, foreign, 117–20 sion and inspection; Removal pro- statutory counterpart rule, 1757–58 health insurance requirements, 116–17 ceedings—inadmissibility INA §245(i), see Adjustment of status health-related grounds, 92–98, 237 incompetents HIV, 93–94 hearing, 704–07 inadmissibility, see Inadmissibility human trafficking, 151 grounds; Removal proceedings— IIRIRA changes, 8–9 inconsistent decisions inadmissibility; Waivers illiteracy, 189 abuse of discretion, 2054–55 IMMACT90, 98, 120, 189 indefinite detention challenge, 544– inadmissibility grounds, 92–233 ineligible for citizenship, 183 50 (see also Admission; Removal proceed- inspection, failure to undergo, 154–68 independent contractors ings—inadmissibility; Waivers) intending immigrant, 182 employer sanctions, 2184 labor certification, 117 §274C final order, 173, 283, 464–67 medical graduate, foreign, 117 indeterminate sentence, 367–68 accompanying inadmissible person, 98 mental disorder, 95–97 Indiana body parts, coercive transplantation military-type training, recipient of, 194 of, 213 legislation affecting immigration, 52 misrepresentation, see Fraud and mis- ineffective assistance, see Counsel, business info, trafficking in, 213 representation child abduction, 187–89 money laundering, 150 right to child soldiers, recruitment of, 212 moral grounds, 152 InfoPass, 1451 citizenship, ineligible for, 183 moral turpitude crimes, 120–45 informants Colombian insurgents, aiding and multiple crimes, 150–51 abetting, 213 asylum, 1029–30 Nazis, 211 as witnesses, see S visas communicable disease, 92–94 no visa or passport, 182–83 Communist Party affiliation, 211 organ transplantation through coer- information media, 1315–16 confiscator of U.S. property, 212–13 cion, 213 injunctive relief, 1954–55, 2023–24 2633 INSPASS KURZBAN’S IMMIGRATION LAW SOURCEBOOK, 17TH ED.

INSPASS, see Security checks interviews college and university internship pro- inspection, see Admission and inspec- asylum applicants, 923 gram, 1151 criteria, 1149 tion; Removal proceedings—inad- reinterview before removal, 928 telephonic interviews, 927 designation of program, 1167 missibility; specific issues at consulate, see Consular processing dual intent, 1072 instructions on forms, see Forms evidentiary use of inconsistencies in eligibility, 1149–55 intending immigrant (INA §214(b)) airport interview, 685–86, 983–86 employment, 1165 H and L categories exempt, 1072 labor certification, 1693–1702 spouses, 1165 inadmissible for, 182 phone or video interviews, see Tele- entry into U.S., 1164 presumption of, 1071–72 phonic and video technology estoppel, 1166 exceptional hardship waiver, 1155–57 rescheduling interviews Intensive Supervision Appearance Exchange Visitor Waiver Review adjustment of status, 1476 Program, see ISAP Board, 1161, 1855 asylum, 923 extension of stay, 1164–65 Inter-American Commission on Hu- naturalization, 2315 man Rights, 2161 foreign residency requirement, see intracompany transferees, see L visas Foreign-residency requirement interdiction, 783–84 investors full course of study defined, 1165 interlocutory appeals B-1 to explore investment, 1119 government agency waiver, 1159–60, BIA, see BIA review E visas, see E-1 & E-2 visas 1160–61 intermediate scrutiny, 38 EB-5 investors, see Employment-cre- government and international visitors, 1149, 1153 International Child Abduction Rem- ation visas labor certification issues, 1686 grace period, 1164 edies Act (ICARA), 187–89, 2180 physicians as investors, 1227 H-1B cap, 1171–74 International Covenant on Civil and removal proceedings, 279, 1587 hardship waiver, 1155–57 hotline, 1162 Political Rights Iranians internship programs, 1150–51 Alien Tort Claim, 2143 immigrant visa processing, 1458 de facto deportation of child, 482–83 legislative history, 1149 dismissal of NTA, 579 Iraqis medical graduates, see Physicians INA §212(h) relief, 579 employed by U.S. in Iraq, 25, 30, medical insurance, 1149 782–83 no objection waiver, 1157 international law special immigrants overstays, 1083, 1161, 1165 ATCA claims, bars to, 2143–47 period of stay, 1163–64 defense to removal, 482, 579 adjustment of status, 1559 providing faithful and valuable ser- persecution waiver, 1155 Inter-American Commission on Hu- physicians, 1149, 1154, 1158–61, 1160 man Rights, 2161 vice to U.S., 25, 30, 1559–60 translators, 23, 1558–59 procedure for J, 1163–66 International Covenant on Civil and procedure for waiver, 1158 Political Rights, 482, 579, 2115– special registration (NSEERS), 271 TWOV, 1337 professors, 1149, 1153, 1163–64 16, 2143 reinstatement, 1165–66 refugee protection, 781 Irish revocation of J program, 1167 statutory construction, avoid violating Irish Peace Process & Cultural & scholars, short-term, 1153 international law, 2115–16 Training Program Act, 11–12 SEVIS, 1149, 1160, 1163–65 U.N. Conventions visa waiver, 1110 skills list, 1162 CAT, see Convention Against Torture special country programs, 1153–54 other U.N. Conventions, see United ISAP (Intensive Supervision Ap- pearance Program), 519, 760–61 sponsor’s obligations, 1166–67 Nations spouse and children, 1166 Vienna Convention on Consular Rela- ITIN (Individual Taxpayer Identifi- State 30 waiver, 1158–60 tions, 432, 488, 734–36, 763, cation Number), 1510 summer, work and travel program 1319, 2161, 2165 (SWT), 1152–53 waivers based upon, 579 J suspension, 1167, 1782 International Marriage Broker Reg- teacher programs, 1152 ulation Act of 2005, 23 J visas (exchange visitors), 1149–67 third country residency, 1161–62 adjustment of status, 1154, 1469 three- and ten-year bars, 156 international medical graduates administrative review, 1161, 1855 (IMGs), see Physicians trainee programs, 1150–51 admission and extension, 1164–65 transfer to other J programs, 1163 International Organization Immuni- appeals to Exchange Visitor Waiver waiver, 1155–58 ties Act (IOIA), 1321, 2160–61 Review Board, 1161, 1855 waiver hotline, 1162 au pair program, 1151–52 international organizations repre- B-1 in lieu of J-1, 1154 Jencks Act, 619 sentatives, see C visas; G visas camp counselors, 1153 job contractors, see H-2B visas International Religious Freedom Canadians entering without J-1 visa, joint sponsors (I-864), see Affidavits Act, 11, 212, 685, 985–86 1149 of support Internet resources, 2377–84 (Apdx. 10) Canadians subject to §212(e), 1102, 1161 Joseph hearing, 543 internships, see F visas; J visas cancellation of removal, 1745, 1765 judges, see Immigration judges interpretations, see Translations and cancellation of visa under INA judicial notice, 1848–49, 2050, 2101 translators §222(g), 1083, 1161, 1165 (see also Administrative notice) categories of J-1s, 1150–54 interrogation procedures , see Re- change of program, 1163 judicial recommendation against de- moval proceedings—deportation children, 1166 portation (JRAD), 6, 131, 383– interrogatories, 619 citizenship, loss of, 1161–62 84, 391, 1729

2634 SUBJECT MATTER INDEX jury trial judicial review, 1895–2126 family-based petitions, 1401–02, scope of review, 1834–49, 1903–06, (see also Federal jurisdiction) 1961–78, 2061 2041–85 adjustment of status, 1436–37, 1437– federal-question jurisdiction, 1914–17 abuse of discretion, 2052–62 38, 1908, 1914, 1974–78, 2062 final order, defined, 1909–14, 1918– committed to agency discretion, Administrative Procedure Act (APA), 20, 2085–88 1078, 1085, 1161, 1331, 1813– see Administrative Procedure Act fines (civil penalties), 464, 467 14, 1869, 2041–44 aggravated felonies, 1931–47, 1957–61 Foreign Sovereign Immunities Act, de novo, 1834–35 Anti-Terrorism and Effective Death see Sovereign immunity facially legitimate and bona fide, Penalty Act (AEDPA), 1931–32 fugitive disentitlement doctrine, 258–59, 2051–52 2035–36 habeas corpus review, see Habeas appeal procedures futility, 2036 corpus aggravated felons, 1907, 1944, H-1B petition, 1186 manifestly contrary to law, 1036, 1957–61 H-2A/H-2B, 1269 1050, 2052, 2061 deportation, 2085–2102 habeas corpus, see Habeas corpus plenary review, 2041 dilatory/frivolous appeal, 659–60 harmless error, 635–36, 698–99, 2066 substantial evidence, 1038–49, exclusion, 1895, 2085–2102 IIRIRA changes, 9–10, 1895–1903, 2062–66, 2094–95 IIRIRA changes, 9–10, 1895–1903, 1931–32, 2056–57, 2062, 2091– service of process, 1956–57 1931–32 92, 2093, 2099 record, 700, 2047–51, 2096 immigrant visas, 2011–14 standard of review, 2051–66, 2094–95 remand, 1960, 2096–2101 in absentia hearings, see in absentia abuse of discretion, 258, 1037–38, removal, 1830, 2085–2102 hearings 1834–35, 1887–89, 2052–62 reopen, motions to, 2001, 2057–60, INA §242(a)(2)(D), 1897–1900 de novo review, 1834–35, 2044–45 2087, 2095–96 INA §242(b)(9), 1911–13 facially legitimate and bona fide, time for filing, 2085–88 investor program, 1592–94 258–59, 2051–52 venue, 2039–40, 2093–94 judicial notice, 2101 factors considered in BIA decisions, Article III questions, see Federal juris- jurisdiction, see Federal jurisdiction 1834–49 diction labor certification, 1714 levels of scrutiny, 38–39 asylum, see Asylees and refugees laches, 2034 manifestly contrary to law, 1036, attenuation, 2034 law of the case, 1944, 2066–67 1050, 2052, 2061 BIA or IJ decision, 1844–46 location of IJ hearing for venue in cir- plenary review, 2041 bonds, 528–32, 1957, 1961, 2003–04, cuit courts, 701 removal orders, 2051–66, 2094–95 2062, 2090–91 loss of citizenship, 2329–37 substantial evidence, 1038–49, border wall construction, 1990–91 mandate stayed, 2101 2062–66, 2094–95 cancellation of removal, 1777–81, marriage fraud, 1415 standing, see Standing 1961–74 mootness, 2028–33 statutory construction, see Statutory class treatment, 2103–06 motions to reopen, 1957–58, 2001, construction rules committed to agency discretion, 1078, 2057–60, 2095–96 stays 1085, 1161, 1331, 1360, 1813– NACARA, see NACARA removal, 2061, 2088–91 14, 1869, 2041–44 national interest waivers, see National voluntary departure, 2092–93 consolidation of issues for review, interest waivers sua sponte reopening, 1868–70, 1911–13, 2096 nationality claims, 2096 2042–43 consular decisions, 1078, 1085, 1161, naturalization, 2329–37 summary removal, 247–48, 1906–07, 2011–16 no jurisdiction, 1906–08, 1957–92 1946–47, 2102–03 continuances, 596–97 nonimmigrants, 1078, 1161, 1296, terrorist removal, 740 Convention Against Torture (CAT), 2011–14, 2065 terrorist suspects, 550–54 see Convention Against Torture pendent review, 1914 torture claims, 778, 1051, 1988–89 corroboration, 1051–52, 1989, 2064–65 political question, 258, 2034–35 TPS, 903 criminals, 1907, 1957–61 preclusion of review, 1895–1909, transfer of case to and from circuit deference to agency action, 2067–85 1957–92 (see also Federal juris- court, 1944–45 denaturalization, 2329–37 diction) Tucker Act, 2153 departure during appeal, 2038–39, presumption of review, 1991–92 unfair immigration employment prac- 2091–92 previous adjudication, 2037–38 tices, 2275 detention, 258–61, 528–32, 541–50, procedure for appeal, 2085–2102 venue, 2093–94 761, 1957, 2003–04 REAL ID Act, see REAL ID Act visa denials, 1161, 2011–14, 2065 district director decisions, 1914 record, limited to, 2048–49 voluntary departure, 1741–42, 2060 diversity immigrants, 1436, 1951 record on appeal, 2096 waiver of review, 2036–37 effective dates of AEDPA and reinstatement of removal, 745–46, waivers, 1961–74 IIRIRA, 2125–26 1989–90 withholding of removal, 878–79, employer sanctions, 2065, 2236–37 remands, 1960, 2096–2101 1036–52, 2062–65 employment authorization, 2062, removal, expedited, 247–48, 1906–07, wrongful deportation, 2039, 2091–92 2242, 2243 1946–47, 2102–03 employment-based petitions, 1455– reopening, see subhead: Motions to jurisdiction, see Federal jurisdiction; 57, 1604, 1608, 1961–78 reopen (in this heading) exhaustion, see Exhaustion of admin- rescission, 1494–96, 1914, 2065 specific procedural headings istrative remedies restrictions on review, 1906–08 expedited removal, 247–48, 1906–07, return if unlawfully deported, 2091– jury trial 1946–47, 2102–03 92 in state court, due to immigration con- factual determinations and nondiscre- revocation, 1455–57 sequences, 376, 462 tionary grants, 1036–52, 2063– ripeness, 2026–28 64, 2094–95

2635 juveniles KURZBAN’S IMMIGRATION LAW SOURCEBOOK, 17TH ED. juveniles L specialized knowledge, defined, (see also Children; Minors) 1290–92 admission of deportability, 703 L visas (intracompany transferees), specialized knowledge professional, court dependents, see Special immi- 1281–98 defined, 1293 grant juveniles accounting firms, 1281, 1285 spouse and children, 15, 1297 crimes affecting status, 120, 379–80 activity of companies, 1286–87 startup company, 1293–94 detention, see Detention, subhead: subsidiary, 1285 adjustment of status temporariness, 1284 Children and families effect of adjustment application, expedited removal, 246 travel during pendency of adjustment, 1296–97, 1494 1297, 1491–92 juvenile delinquency extension while adjustment pend- convictions, see Convictions ing, 1296, 1494 Juvenile Delinquency Act, 41, 120, travel without abandoning adjust- labor certification (LC), 1608–1714 379–80, 394, 445 ment, 1297, 1491–92 30- and 180-day recruitment require- parental notice of criminal charges, 445 ments, 1631–32 administrative review, 1296 30-day response time to audit, 1645–46 K admission period, 1295 45-day rule (pre-PERM), 1700 advance parole not necessary, 1297, §245(i), 1480–81 K-1 & K-2 visas (fiancé(e)s and their 1491–92 ability to pay wage, 1604–07, 1687–88 children), 1325–34 affiliation, 1285 able, qualified, & available, 1608, 1696 adjustment of status, 1330–31, 1473– agency employment, 1284 advertising, 1625–31, 1652 74, 1480–81 amendments to petition, 1295 aging-out children, no expediting for, bars (numerical, time, criminal) to ap- appeal to AAO, 1296 1658 proval, 1327–30 blanket procedure, 1298 alternative work experience, 1673–75 change of status not permitted, 1331 burden of proof, 1285–86 amendment to, 1658 criminal grounds barring petitioner, Canadians, USMCA, 1104–05 appeal process, 1610, 1659, 1710–14, 1327–28 children, 1297 1854 criminal records of petitioner, 1327 compensation, 1284 athletes, 1610, 1658, 1683, 1704 criteria, 1325 definition, generally, 1281–82 attestations, 1689–90 death of petitioner, 1326 denial, 1296 dual intent, 1072, 1282 attorneys denial, 1327–30 debarment, 1654 employment authorization, 1330 employee defined, 1283–84 employer, change in, 1295 fees marriage fraud executive, defined, 1287, 1289 EAJA recovery, 1714, 2174 Immigration Marriage Fraud export control (EAR & ITAR) viola- employee barred from paying, 1653 Amdmts. Act (IMFA), 1330 tions, 190–91, 1296 participation in process, 1693–94 INA §204(c) bar, 1330 franchising agreements, 1285–86 sanctions, 1713–14 petition required, 1325 fraud prevention fee, 1294 suspension of attorney or fraud, effect petitioner barred, 1327–30 full-time services not required, 1282, on bona fides of job offer, 1689 procedure, 1325–31 1295 audit, 1644–49 review, 1331 grace periods (10/60 days), 1295 bargaining representative, notice to, sexual abuse of minor barring petition, intending immigrant, exempt from, 1640–43, 1702 1327–28 1072, 1282 bona fide job offer, 1685–90 waivers, 1328–29 job shop, 1284, 1292–93, 1298 bona fide prior employment, 1667 joint venture, 1285 business expansion, 1665, 1676 K-3 & K-4 visas (spouses awaiting judicial review, 1296 business necessity, 1675–78 IVs and their children), 1332–34 L-1 Visa Reform Act of 2004, 18–19, cancellation of certification by DOS, adjustment, 1333–34 1281, 1282, 1284 1603 aged-out children, 1332 legislative history, 1281 certifying officer, relationship to job admission, 1333 majority ownership, not necessary, service, 1609 advance parole, 1334 1285 combination of jobs, 1672 change of status barred, 1333 manager, defined, 1287–89 commuting jobs, 1636 children, 1332 new office, 1293–94 competence, 1662 criminal grounds barring petitioner, nonprofits, eligibility of, 1281, 1298 compliance with state, federal and lo- 1333 notice of intent to deny (NOID), 1296 cal law, 1692 criminal record of petitioner, 1333 offsite work, 1284, 1293 cooks, 1678 death of petitioner, 1333 one-year employment requirement, death of petitioner, see Death of peti- employment authorized, 1334 1282–83 tioner extension, 1333 outsourced person, not employee, debarment, 1653, 1654 multiple filings, notification to benefi- 1284 decision by CO, 1654–56 ciary, 1332–33 owner as beneficiary, 1284 degree not necessary if course work petition barred, 1332–33 ownership issues, 1285–86 complete, 1667 procedure, 1332–34 partnership, 1281, 1285–86 delay in contacting applicant not per- sexual abuse of minor barring petition, part-time employment, 1282, 1295 mitted, 1700 1333 procedures, 1078, 1294–99 denial, 1654–56, 1659 termination, 1333 qualifying organizations, 1285–86 denial of applicants, lawful job related travel, 1334 request for evidence (RFE), 1296 reason for, 1693–96 waivers, 1333 requirements, 1281–98 Dictionary of Occupational Titles Kansas revocation, 1296 (DOT), 1542, 1660, 1663–64, size of company irrelevant, 1293 1670–71 legislation affecting immigration, 52 sole proprietorship, 1284

2636 SUBJECT MATTER INDEX labor condition applications (LCAs)

discrimination, refusal to hire U.S. multiple job offers, 1687 SVP (specific vocational preparation), worker, 2255, 2258–59 national interest waivers, see National 1542, 1660, 1663–64, 1670–72, documentation, 1621, 1645–49, 1672 interest waivers 1678, 1679 due process, 1617–18 national office, direct processing, 1704 teachers, 1610, 1643, 1677, 1679, duplicate LC, 1657 new job created, 1665–66, 1687 1691, 1702–04 EB-1s, no LC requirement, 1519, no smoking, 1662 Technical Assistance Guide (TAG), 1525, 1527 notice of findings eliminated, 1610 1609 EB-2 NIWs, see National interest notice to bargaining representative, telecommuting, 1688–89 waivers 1640–44, 1703 temporary or permanent work, 1692 education/training/experience require- NPWC (National Prevailing Wage testing performance prior to hire, 1662 ments, 1604, 1659–70 Center), 1621–22 training and employment guidance employees, notice to, 1640–44, 1702 nurses, see Nurses letters (TEGLs), 1609 employer, defined, 1612–13 O*NET, 1257, 1542, 1660, 1663–64, trustworthiness, 1662 employer sanctions, 2196 1670–71, 1679, 1682 unduly restrictive, 1670–78 employment, authorization, 1608 on-the-job-experience, 1664–66 unfair immigration employment prac- employment history verified, 1662, overqualified applicant, 1696 tice, 2258–59 1702 parent corporation employment, 1667 unstated job requirements, 1661–62 English language proficiency, 1661, performance testing, 1662 USCIS review, 1604–08 1672 performing artists, 1705 vague description, 1663 entertainers, see Entertainers PERM, 1609, 1610–1702 (see also validity of grant, 1657 errors and omissions (typos), 1613–20 specific subheadings in this virtual office, 1688–89 materiality exception, 1618–20 heading) wage increase affecting certification, exceptional ability employees, 1705 physical therapists, 1704–05 1602, 1682 expansion of business, 1665, 1676 physicians, 1540–41 wages at time of filing, 1682 expedite for aging-out children not al- posting, 1640–44, 1702 waiver of recruitment, 1704–05 lowed, 1658 prevailing wage, 1679–84 withdrawal of, 1659 experience req’ts, 1604, 1663–70 prior employment, 1663–70 work authorization, not conferred, expert opinion, 1672 procedure, 1611–56 1608 family employment, 1667, 1685–86 purchase of LC, 1658 work authorization or SSN request federal or state law not violated, 1692 readvertising (pre-PERM), 1655 impermissible, 1702 fees, 1653 reconsideration, 1705–09 work history, verification of, 1662, FEIN, 1612–13, 1667 recruitment, 1622–40, 1693–1702 1702 filing deadline for appeal, 1710, 1711 recruitment report, 1643–44 work schedules, unduly restrictive, 1672 filing deadline for ETA 9089, 1621– supervised recruitment, 1649–53 22, 1631–32 reduction in recruitment (RIR), 1609 labor condition applications (LCAs), FLAG system, 1511, 1621 references, 1661, 1702 1170, 1196–1221 foreign degrees equivalent, see For- refiling under PERM, 1656 eign degrees reissuing LC, 1657 administrative hearing, 1217–18 foreign language, 1672, 1676–77 requirements, 1608–9 (see also spe- amending, 1209–10 forms, 1611–22 cific subheadings in this heading) complaints filed, 1210–12 fringe benefits, 1683 resume inadequate, 1696–98 defenses, 1215–16 full-time and permanent, 1690–92 retention of LC by agency, 1657 dependent employers, 1170, 1196, fundamental fairness, 1614, 1616–17 return receipt mail, 1699 1208, 1219–21 hearsay, 1656 revocation by DOL, 1658–59 electronic filing, 1196, 1202, 1207 illegal employment as basis for expe- revocation by DOS, 1603 electronic posting, 1209 rience, 1667 RFIs (requests for information), 1679 faxback processing no longer used, inadmissible without, 117 sale of LC, 1658 1207 individual certification, 1611–1702 Schedule A, 1529, 1609, 1702–05 FEIN, 1196–97 inherent job requirements, 1661–62 Schedule B, 1610 FLAG system, 1170, 1197, 1202, intent to work at job, 1607 seasonal or permanent work, 1691 1207, 1210 interview, 1693–1702 self-employment prohibited, 1660 hearing before ALJ, 1217–18 invalidation of, 1658–59 sole proprietorship, 1667 judicial review, 1218–19 investigation of LC application pro- specially handled cases, 1702–05 material fact, 1213 cess, 1654 athletes, 1610, 1658, 1683, 1704 Mexican TN, 1107 investors, 1686 performing artists, 1705 penalties for noncompliance, 1212–15 job duties, 1659–70 posting requirement, 1702, 1704 prevailing wage, 1202–06 job order with SWA, 1623–24 teachers, 1610, 1643, 1677, 1679, procedure, 1196– 1221 job terms contrary to law, 1692 1691, 1702–04 retention of PWD, 1253 judicial review, see Judicial review staffing companies, 1692 retention of records by employer and language requirement, 1672, 1676–77 standard metropolitan statistical area, DOL, 1208 layoffs, 1692–93 1597 violations, 1210–12 legislative history, 1608 standard of review of BALCA deter- wage, requirements, 1197–1202 licensure requirements, 1663 minations, 1714 deductions, 1199–1200 live-in requirement, 1677–78, 1704 strike or lockout not existent, 1692 obligation to pay, 1200 location of job, 1693 subcontracting prohibited, 1660 release agreements, 1200 lost LC, 1657 substitution for athletes, 1601 termination of obligation to pay, master’s degree, 1529–32, 1671, 1677 substitution of beneficiary, 1596, 1658 1200–1202 methods of certification, 1609–10 substitution of employer, 1597–99, 1658 wage defined, 1197 metropolitan statistical area, 1597 successor employer, 1597–98, 1658 whistleblowers, 1216–17 minimum requirements, 1659–63 suspension of LC application process, willful violators, 1170, 1196, 1212– modification of the LC, 1658 1654 14, 1219–21 2637 labor law KURZBAN’S IMMIGRATION LAW SOURCEBOOK, 17TH ED. labor law, 487–88, 2244–55 dual intent, 1072, 1108, 1170 public benefits, 1510–13, 2358–61 challenge to NTA based on unfair la- employment-based petitions, see Em- (Apdx. 4) bor practice, 579 ployment-based immigration; records unavailable, 1446 evidence in deportation proceeding, Special immigrants; specific visas reentry, 46, 75–78, 237, 1365, 1496–98 2245 and professions reentry permit, 1496–98 picket line arrest, 487–88, 2246–47 family-based petitions, see Family- registry, 1366 undocumented person’s rights, 487– sponsored immigration reinstatement in removal hearing, 88, 2244–55 Fleuti doctrine, 46, 75–78, 1503 1478–80, 1788 green cards, see Green cards laboratory technicians removal (deportation), 1365, 1478– Haitians, see Haitians inadmissible without certificate, 120 80, 1496, 1503, 1787–88 Homeland Security Act procedures, bar to adjustment, 1471–72, 1719–20 laches 1460 new adjustment of status in pro- attorney sanctions, 658 Hungarians, see Hungarians ceedings, 1788 BIA, 1794 immediate relatives, see Family-spon- denaturalization, 2326 sored immigration removal (inadmissible), 75–78, 245, federal litigation, 2034 INA §212(c) relief, see INA §212(c) 253, 273–74, 1365, 1478–80 fines, 464 Laotian adjustment, see Laotian ad- replacement card, 1498–1500 forfeiture, 432, 433 justment rescission, 1494–96 residence card, 1365, 1498–1500 Laotian adjustment, 1439 legalization programs, see Legaliza- tion return of petition, 1461–62, 1603–04 laptop border searches, 503–05 lottery, see Diversity immigrants returning resident, 46, 75–78, 237, Lautenberg amendment, 895–96 maintenance of, 1501–03 253, 1365, 1496–98 revocation of petition, 1454–57, law enforcement marriage, see Family-sponsored im- migration 1602–03 immigration laws enforced by local second residency, 1501 police, 509–10 medical exam, 1459 methods to obtain residency, 1366–67 security procedures, 1474 law of the case name check procedure, 1460 Social Security, payments to, 1506–08 aggravated felony, 1944 National Visa Center, 1457–58 Social Security card, 1508–10 change of venue, 585, 730 Nicaraguan adjustment, 10, 1436–37 special immigrants, see Special immi- circuit court, 2066–67 numerical limitations, see Numerical grants; specific types of immi- habeas corpus, 1944 limitations grants law students/law graduates, 653 oversubscribed countries, 1434 status of, 1365 parents, 1367, 1373–74, 1382–83, suspension, 1367, 1769–70 1392 Syrian adjustment, see Syrians lawful permanent residents (LPRs), taxation of, 1504–06 1365–1514 petitions termination of, 1503 abandonment of residency, 1365, adverse evidence, right to respond, third-country processing, 1458 1498, 1501–03 1452–54 transfer family, 1476 adjustment, see Adjustment of status approval, 1452, 1596–97 travel, 1496–98 admissibility, presumption against, 1434 birth certificate delayed, 1447 unavailable records, 1446 admissibility on reentry, 75–78, 233– confidential evidence, 1451–52 USA PATRIOT Act, 1439 40, 253, 273–74, 1365, 1478–80, consul’s return of petition to DHS, verifying residency, 1500–1501 1501–03 1461–62, 1603–04 Vietnam, 1439 affidavits of support, see Affidavits of death of petitioner, see Death of pe- widowers, 1367–68, 1411–12, 1455 support titioner aged-out children, 1369–70 denials, 1452–54, 1455–57, 1462 legalization, 1439–41 alien card, 1365, 1498–1500 deportation not stayed, 1452 administrative review, 1850, 1852 battered persons, see VAWA petitioners eligible at filing, 1448–49 appeals, 1852 brothers and sisters, 1374, 1381, employment upon filing, 1494, confidentiality, 688, 1440–41 1392–93 1608, 2238 criminal penalties for fraud, 440 burden of proof, 77, 249, 273–74, employment-based, 1595–1604 family unity program, 1440 1434 family based, 1367, 1374–1421 under INA 245A, 1439 Cambodian adjustment, 1439 homeless petitions, 1459 judicial review, see Judicial review cancellation of removal, 220, 1742–51 parents, 1367, 1373–74, 1382–83, LIFE Act, 14, 1440 chargeability of visa, 1422 1392 special agricultural workers (SAWs), child, defined, 1374–92 post-submission changes, 1596 1439 children born abroad, 1504 pre-adjudication not permitted, Legalization Appeals Unit (LAU), 1850 confiscation of card, 507, 1498–1500 1596 constitutional rights, 46, 75–78, 259– rebut evidence, 1453, 1603 legislation, see Federal authority to 60, 260–61, 544–50, 748–60 records unavailable, 1446 regulate immigration; History of consular processing, see Consular pro- replacement of card, 1498–1500 immigration laws; State and local cessing replacement visa, 1462–63 government; specific laws VAWA, see VAWA petitioners Cuban Adjustment, see Cubans legitimacy and paternity, 1376–77, defined, 1365 police certificates, 1459 1384 denaturalization for crimes committed Polish nationals, see Polish nationals while LPR, 2323–25, 2329 preference/quota, see Numerical limi- lenity, rule of, 333, 692–94, 2085, derivative status, 1427–33 tations 2111–12 diplomats, see Diplomats priority dates, see Priority dates letter opinion by DHS diversity immigrants, see Diversity process to obtain, 1366–67 not final agency decision, 1918–20, immigrants 2027 driver’s licenses, see Driver’s licenses 2638 SUBJECT MATTER INDEX medical graduates

LGBT issues, see Asylees and refu- corporate liability, 2150 marriage and cohabitation gees; Homosexuality; Same-sex exhaustion, 2150–51 (see also Family-sponsored immigra- partnerships; Transgender issues extraordinary rendition, see Extraor- tion; Marriage fraud) dinary rendition Liberians B-2 tourist status political question doctrine, 2151 marriage while in, 1122 AOS under Liberian Refugee Immigr. service of process, 2150 Fairness Act, 33–34, 1438–39 nonspouse partners of E, H, or L DED, 897 Trafficking Victims Protection principals, 1122 Reauth. Act (TVPRA), 2151–52 common law marriages, 1408 LIFE Act legalization, see Legaliza- Tucker Act, 2153 detention, marriage while in, 264, tion undocumented workers’ tort claims, 1420–21 2251–52 litigation, 2129–80 foreign marriages, 1420 waiver of review, 2036–37 marriage brokers, crimes by, 442–43 42 USC §1981, 2131 local law enforcement, see State and 42 USC §1983, 2129–31 minors, 1406 age discrimination in employment, local government naturalization, 2292 2252 longshoremen, 1338 persecution, marriage as basis for, 1021 polygamy, see Polygamy agency discretion, 1161, 1813–14, Lookout system (CLASS), see Secu- religious marriages, 1408 1868, 1887–89 rity checks Alien Tort Claims Act, 2141–51 removal proceedings TVPA distinguished, 2147–48 loss of U.S. citizenship, see Naturali- IJ right to review I-130, 1412, 1478 marriage while in, 1402–05, 1785 attenuation, 2034 zation and citizenship attorneys’ fees, see Attorneys’ fees same-sex marriages, see Same-sex lottery, see Diversity immigrants partnerships Bivens actions, 2137–41 Lozada criteria, 633–34 transgender marriages, 1406–07 detention, 259, 549–50 fees, 2179 marriage fraud immunity defense, 2161–65 M as bar to future residency, 1416–19 civil RICO actions, 2254–55 criminal offense, 433–34, 1420 civil rights claims, 2129–32 M visas (vocational students), 1146– deportation, marriage fraud as ground, class actions, 2103–06 49 280, 1413 departure from U.S., 2038–39 B-1/B-2 not basis to start program, 1148 divorce, sham, see Divorce Equal Access to Justice Act (EAJA), change to H status, 1149 Immigration Marriage Fraud Amdts. see Attorneys’ fees commuter students from Canada and Act (IMFA), 5–6, 173, 1330, exhaustion of remedies, see Exhaus- Mexico, 1129, 1147 1393–1405 tion of administrative remedies criteria, 1146–48 burden of proof, 1400 Federal Tort Claims Act (FTCA), difference with F-1, 1148–49 conditional residency, see Family- 2132–37 eligibility, 1146–48 sponsored immigration, sub- harmless error, 635–36, 698–99, 2066 employment head: Marriage-based petitions immunity practical training, 1147 constitutionality, 1402–03 (see also subhead: Bivens actions; entry period, 1147 legislative history, 1393 and specific acts in this head- extension of stay, 1147 marriage in removal proceedings, ing) family members, 1148 1402–05 fee paid to SEVIS, 1147 naturalization, 1405 absolute immunity, 2164–65 removal of conditional residency diplomatic immunity, 2165 full course of study defined, 1146 grace period of 30 days, 1148 status, 1393–99 Foreign Sovereign Immunities Act, subsequent spouse, petition, 1405 see Sovereign immunity reinstatement, 1148 qualified immunity, 2161–64 SEVIS, 1147 misrepresentation in lieu of marriage sovereign immunity, see Sovereign maintenance of status fraud, 1413 immunity deportation ground, 278–79 relief from marriage fraud, 1788–91 validity of marriage, 1406, 1412 jurisdictional issues, see Federal juris- employment-based / bridging, 1489 nonimmigrant visas, 1097 diction Marshall Islands, see Freely Associ- laches, 2034 managers, multinational ated States post hoc rationalization, 2045–47 L visas, 1281–89 preclusion of review, see Judicial re- permanent residency, 1525–28 Massachusetts legislation affecting immigration, 52 view mandamus, jurisdiction, 1947–53 prior adjudication, 2037–38 aged-out challenges, 1950 master’s degree Privacy Act, 619–26 venue, 1953 experience equivalent, 1186, 1530–32 private right of action, 2161 material misrepresentation, see record, 700, 2047–51, 2096 manifestly contrary to law scope of review, see Judicial review asylum, 1050 Fraud and misrepresentation standard of review, see Judicial re- standard of review, 2094–95 material support, see Terrorists and view Mantis Visa checks, 1078 terrorism standing, see Standing Mariana Islands, see Northern Mari- McCarran Walter Act, 4 summary judgment, 2123 Title VII, 2251–52 ana Islands means-tested public benefits, see Public benefits Torture Victims Protection Act Mariel Cubans (TVPA), 7, 2147–51 parole, 261 media representatives, 1315–16 actual/apparent authority, 2148–49 marijuana, see Drug offenses medical graduates, see Physicians Alien Tort Claims Act, distin- guished, 2147–48 2639 medical grounds KURZBAN’S IMMIGRATION LAW SOURCEBOOK, 17TH ED. medical grounds minors jurisdiction, 1436–37 appeal, 98 (see also Children; Juveniles) Nicaraguans, 1436–37 inadmissibility, 92–98 in absentia orders, 703, 723 parolees, 1056 inspection, 237 expedited removal, 246 Salvadorans, 904, 1774 medical technologists, 119, 1181 marriage, 1406 suspension of deportation, 1774–81 unlawful presence, 158 medically underserved areas, see notice of hearing, 703–04 other removal, 482–83, 522–28, 704 NAFTA, see TN visas; USMCA Nurses; Physicians sexual abuse of, see Child abuse NAICS and NAILS databases, see membership in a particular social Miranda rights, 409, 479, 671, 763 Security checks group, see Asylees and refugees, subhead: Social group misconduct by government employees name check, see Security checks actions against officials, generally, mental disorders National Crime Info Center (NCIC- 2129–80 III) Checks, see Security checks Adam Walsh Act and detention, 762 ethical issues for DHS officers, 1587–88 deportation and civil commitment, reporting DHS misconduct, 445, National Defense Auth. Act for FY 749–50 1587–88, 2132, 2141 2006, 23, 498, 1558–59, 2295 inadmissibility, 95–97 misprision, 389–90 National Guard indefinite detention, 759–60, 762 agreement with DHS, 510 prosecutorial discretion to release, 511 as aggravated felony, 339, 340, 346, sedation, 750 390 national interest waivers (NIWs), mental incompetents, see Incompe- as CIMT, 143–44 1529, 1533–39 as drug-related offense, 292, 390 tents change in employer, 1539 misrepresentation, see Fraud and mis- international medical graduates metering (turnback policy), see representation (IMGs), 1539–40 Asylees and refugees judicial review, 1539 mixed motive in asylum, 827–30 metropolitan statistical area (MSA), National Labor Relations Act 1203–04, 1253, 1569–70 models, see Fashion models relationship to aliens, 2244–55 Mexicans modified categorical approach, see SSA and no-match policy, 2197 (see also TN visas; USMCA) Categorical, modified categorical national origin discrimination, 41– bilateral agreement to remove, 766 approaches 42, 44, 259, 266, 562–63, 1309, border crossing cards, 1073, 1083, money laundering, 15, 142–43, 150, 2129–32, 2137–42, 2204–05, 1103 369, 2235 2223, 2258–60 commuter students, 1128–29, 1147 watch list, 235 national origin quota system, 4 Micronesia, see Freely Associated Montana States National Security Entry-Exit Regis- legislation affecting immigration, 52 tration System, see NSEERS Migrant Protection Protocols mootness, jurisdiction, 2028–33 (MPP), 914–17 National Vetting Center, see Security moral turpitude crimes, see Crimes checks Military Commissions Act of 2006, involving moral turpitude (CIMT) 23–24 National Visa Center (NVC), 1457–58 mothers, gestational, see Assisted re- nationality claim military service and veterans productive technology defense to removal, 572–76 Citizenship for Children of Military motions to reopen, see Reopen, mo- judicial review, 2096 Members & Civil Servants Act, 34 tion to nationals of the U.S., 2321 convictions, 376 multinational executives & managers deceased service members’ families, NATO, see G visas; Special immigrants IV petitions by, 1373–74, 1442 L visas, 1281–89 permanent residency, 1525–28, 1600 deferred action for family, 1801 naturalization and citizenship, 2279– employment authorization, 2239 multiple offenses involuntary separation, prohibition deportation ground, 287–88 2340 against, 34 inadmissible ground, 150–51 120-day period to decide, 2315 acquisition of citizenship at birth, 690, MAVNI (Military Accessions Vital to MySpace, 1414 National Interest Pilot Program), 2280–83, 2342–51 (Apdx. 1) 2312–13 N administrative naturalization, 2314–16 naturalization, 17–18, 183, 2291, administrative review, 2329–30 2292, 2302, 2307–13 N visas (parents and children of spe- admission of crime, 2298 adopted/orphan children, see Adopted prosecutorial discretion cial immigrants), 1340, 1550 children NTAs, 559, 563 (see also Diplomats) adultery, 2299 parole-in-place, 68–69 NACARA (Nicaraguan Adjustment age requirement, 2291 self-petitioning spouse, parent or & Central American Relief Act) aggravated felony as bar to, 2296–97 child, 1373–74, 1442 aged-out children, 1427 aging out, 1428 special immigrants asylees and refugees, 904 application process, 2314–16 certain veterans, 1558 battered spouses/children, 1368 attorneys’ fees, see Attorneys’ fees NATA civilian employees, 1558 Cubans, 1436–37 battered spouses and children, 2292 translators, 23, 34, 1558–59 Eastern Europeans, 1775 bear arms, 2304 equitable tolling, 1727, 1776–77 birth in U.S., 2279–80 ministers, see Religious workers Guatemalans, 904, 1774 certificate corrections, 2316 history, 10 certificate of citizenship, 2288–89, judicial review, 1436–37, 1908 2327, 2333–34 2640 SUBJECT MATTER INDEX nonimmigrants

change of address, 2315 parking violations and traffic tickets, appeal of denial of petition, 1849–54 Child Citizenship Act, 13, 2286–88 2301–02 application civics requirement, 2305 passport, 2316–21 at consulate, see Consular processing claim of, in removal, 572–76, 2335– physical presence requirement, 2293 at DHS for admission, 1097–1101 37 proof of, 1447, 2280, 2283 stateside processing, 1076–77 Communism, 2304, 2311–12 reexamination, 2315 burden of proof, 1078 conditional residents, 1405, 1587, Rehabilitation Act of 1973, relation to, consular processing, see Consular pro- 2291 2306 cessing continuous residence requirement, removal, relation to, 572–76, 2302– conviction affecting status, 1123 2293–95 04, 2333, 2335–37 copies submitted to USCIS, 1446 criminal issues, 2296–98, 2339–40 rescheduling interviews, 1476 denial of visa, 233, 1077–78 denaturalization, 2322–27 residence after naturalization, 2325 departure, grace period, 1091–92 administrative review, 2329–30 residence requirement, 2293–95 departure validation, 1091–92 for crimes committed while LPR, revocation, 2327 deportation for failure to maintain sta- 2323–25, 2329 Selective Service requirement, 2300 tus, 278–79 defenses, 2326 special naturalization programs, DHS approval, prior to issuance, 1078 form of persecution, 793 2307–13 disclosure of records, 1085–86 illegal procurement, 2323–25 SSI benefits, prioritizing application, domicile, 1073 judicial review, 2329–37 2313, 2315 duplicate approval notices (I-824), material misrepresentation, 2322–23 standing to raise claim, see Standing 1075, 1078 military service, 2325 stepchildren, 2288 employment, 1074, 1101–02, 2238– revocation, 2327 taxes, failure to pay, 2300–2301 39 (see also specific visas) transmission requirements for citizen- expedited processing of cases, 1097–98 dependents not supported, 2299 ship (chart), 2345–51 (Apdx. 1) extension, automatic, 1109–10 deportation, relation to, 572–76, unlawful voting, 2298 Global Entry, see Security checks 2302–04, 2333, 2335–37 veterans, 17–18, 2291, 2302, 2304– grace period (10-day) to depart, 1091– derivative citizenship, 2283–88, 05, 2307–13 92 2342–51 (Apdx. 1) IIRIRA changes, 10 constitutional claims, 2286 Nazis as bar to asylum or withholding, 870 INA §222(g), 1082–84 disabled persons, 14, 2305–06 inspection at border, 1087–92 (see drunk driving, 2302 deportation for, 282 inadmissibility for, 211 also Security checks) dual citizenship, 2322 intending immigrant, presumption, EB-5, 1587 Nebraska 1071–72 elderly applicants, 2306 legislation affecting immigration, 52 NCIC check, 1079, 1332, 1335 eligibility, 2290–2313 Nepalis no visa required, 1102–15 English requirement, 2305 F-1 employment, 1133 notice of intent to deny (NOID), exemptions from eligibility, 2305–06 special humanitarian relief, 897 1098–1100 expedited oath of allegiance, 2316 TPS, 907 one nationality at a time, 1073–74 expedited processing for children, newspersons, see I visas; Special im- one NIV status only, 1073 2315 originals submitted to USCIS, 1101 false claims to U.S. citizenship migrants out-of-status, 278–79, 1097 affecting good moral character, 2298 NEXUS passport validity, 1073 criminal penalty, 2339–40 entry program, 238, 239 petitions req’d for visa approval, 1078 ground of inadmissibility, 183–86 GPS monitoring, 519 preconceived intent, 1091, 1095 ground of removal, 283 Nicaraguan adjustment, see premium processing, 1097 filing 3 months prior, 2314 NACARA presumption against admission, 1071– 72 good moral character, 2295–2304 NIV, see Nonimmigrants effect of proceedings on, 2302–04 procedures, generally, 1074–87 inquiry limits, 2302 NOID, see Notice of intent to deny reciprocity, 1076 government knowledge requirement, nolo pleas, 387–88, 1754 records disclosure, 1085–86 reissuance of visa in U.S., 1086 2305 no-match employer sanctions regula- judicial review, see Judicial review request for evidence (RFE), 1098– tions, 2021, 2024, 2197–98 1100 loss of citizenship returning petitions to DHS, 1086 acts leading to loss of citizenship, revalidation, see Revalidation of visa 2327–29 nonimmigrants, 1071–1360 (see also specific visa categories revocation of visa, see Revocation burden of proof, 2328 security issues, 1078–80 denaturalization, see subhead: De- (e.g., H-1B visas), specific cate- gories of people (e.g., Canadians, stateside processing, 1076–77 naturalization (in this heading) status, change of, 1094–96 presumption against expatriation, Physicians), and specific issues (e.g., Asylum, Change of status, status, more than one, 1073 2328–29 strikes, 2246 voluntary relinquishment, 2327–29 Dual intent, Overstays)) 10-day grace period to depart, 1091–92 terrorism, state sponsors of, 1073 married to USC, 2292 third country processing, 1076–77 military service, 17–18, 34, 2291, 60-day out-of-status provision, 1091– 92, 1097 travel, see Travel 2302, 2304–05, 2307–13 U.S., obtaining visa in, 1086 murder as bar to, 2297 adjudication of petitions, 1097–1101 administrative review of petition de- validity of visa name change, 2316 employment change, 1074 national security, 2311–12 nial, 1849–54 admission procedures, 233–77, 1087– extended automatically, 1109–10 CARRP, 2301 stay, relationship to, 1082–84 oath, 2315–16 92, 1102–15 advisory opinion, 1078 time period, 1082 orphan, citizen upon entry, 1392 waiver of inadmissibility, 221–23, 1073 2641 North American Free Trade Agreement KURZBAN’S IMMIGRATION LAW SOURCEBOOK, 17TH ED.

North American Free Trade Agree- nonimmigrants, 1073 (see also spe- offer of proof, 686 ment (NAFTA), see TN visas; cific visa types) Office of Asylum Affairs (f/k/a USMCA nunc pro tunc permission to reapply BHRHA), 933–34 North American Indians for admission, 152, 223, 275, off-record discussion by IJ, 700, 2048 1727–28, 1791–92, 1803–04 from Canada, 94, 1108 Ohio North Korean Human Rights Act, nurses legislation affecting immigration, 53 782 admissibility and certification, 118–19 EB-2 visas, 1541 on account of in asylum defined, 803, Northern Mariana Islands (CNMI) H-1A visas, 6, 10, 1222 831–35 adjustment of status, 1490 H-1B visas, 1222–23 O*NET, 1541–42, 1663–64, 1670–71 asylum, 868 H-1C visas, 12, 1222 opening statement, 668 Consolidated Natural Resources Act H-2B visas, 1223 (CNRA), 25–26, 868, 1115 H-3 trainees, 1167–68, 1223 optional practical training (OPT), DACA, 1799 history, 6, 10, 12 see F visas E-2 visas, 26, 1308 REAL ID Act, recaptured visas, 21 order to show cause employment authorization, 2239 Schedule A, 1609, 1704–05 expedited removal, 245 (see also Notice to appear) TN visas, 1223 transition rules, 372–73 H-1B cap, 1171–73 VisaScreen, 1223–25 H-2B cap, 1268 orphans, see Adopted children L-1 visas, 1298 O out-of-status, see Deportation Long-Term Legal Residents Relief grounds; Nonimmigrants Act, 33 O visas (extraordinary ability), overstays parole, 896 1269–75 residence for naturalization, 2295 (see also specific visa categories) accompanists/assistants (O-2s), 1270, asylum, 921–22, 1082 T and U visa AOS, 1349 1274 transitional (CW) workers, 1316–17 Canadians under INA §222(g), 1083 admission, 1274 cancellation of visa/222(g), 1082–84 legislation creating, 25–26 agents, 1273–74 legislation extending, 33 consequences, 154–55, 278–79, athletes, 1274 1082–84 U.S. citizenship, 2279–80 beneficiaries, multiple, 1274 consular officer, inquiries by, 1080 visa waiver, 26, 1115 change of employer, 1273 diplomats, 1083, 1321, 1323, 1324 notaries consultation, 1272–73 EWI, 1083 applying Lozada, 641 criteria, 1269–70 exchange visitor (J), 1161, 1165 denial, 1275 notice extraordinary circumstances, 1082 distinction in the arts, 1270–71 H-1B cap, relationship to, 1083 asylum, see Asylees and refugees dual intent, 1270, 1274 attorney and client, notice to either or information media (I visa holders), EB-1 vs. O visas, 1523 1083 both, see Counsel, right to event, defined, 1272 in absentia hearings, see in absentia Mexicans under INA §222(g), 1083 expert testimony; documentary evi- new visa requirement, 1082–84 hearings dence, 1272 NTAs, see Notice to appear parole, 1083 Export Administration Regulation physicians, 1082 voluntary departure, see Voluntary de- (EAR) violations, 190–91, 1273 parture readmission of NIV holder generally extensions, 1274 barred, 1082–84 notice of intent to deny (NOID), extraordinary ability defined, 1270–72 students, 1083 1098–1100, 1607 extraordinary achievement defined, ten-year bar, 155 1270–72 notice to appear (NTA) three-year bar, 154–55 fashion models, 1221–22 tracking of (US-VISIT/OBIM), 1088– challenge to, 566–80 grace period (10/60 day), 1275 content of, 582 89 legislative history, 1269 Visa Waiver Program, 1083 criteria for issuance, 556–58, 565–66 locations, multiple, 1273 docketing cases, priorities, 580 void visa, 1082–84 motion picture, 1269, 1271, 1272 voluntary departure, 1082 failure to provide or receive as re- multiple employers, 1273 moval defense, 713–18 petition process, 1273–74 oversubscribed countries, 1434 INA §239(e) compliance, 578–79 return transportation costs, 1275 initiation of proceedings, 271, 554–58 revocation, 1275 P notice of rights in removal hearing, self-employment, 1273 581–82 spouses and children, 1270 P visas (athletes, artists, entertain- service of, 581–82 TV production, 1269, 1271, 1272 ers), 1275–81 stop-time rule, 1746–48 admission, 1280–81 termination of proceedings, 598 Obamacare, see Affordable Care Act agents, 1277–78 NSEERS (special registration), 271 (Obamacare) athletes, 1275–76, 1278, 1280–81 OBIM (formerly US-VISIT), see Se- circus, 1276, 1279 numerical limitations (caps & quotas) curity checks consular processing, 1281 (see also H-1B visas and other spe- OCAHO, see Employer sanctions consultation, 1280 cific visa types) culturally unique (P-3), 1276, 1279 asylees and refugees, see Asylees and Occupational Outlook Handbook, denial, 1281 refugees 1542 employer, change in, 1074, 1277 cap-gap, see H-1B visas occupational therapists entertainers in group, not individually, first quota systems, 4 admissibility and certification, 119 1275–76, 1279 immigrants, see Preference petitions TN visas, 1105 exchange programs (P-2), 1276, 1279 expert testimony, 1278, 1279 2642 SUBJECT MATTER INDEX post hoc rationalization

extensions, 1280 party defendant physical disorder foreign residence required (dual in- U.S., proper defendant to represent all inadmissibility, 95–97 tent), 1277 agencies, 2035 physical therapists “in the business,” definition, 1278 passports international recognition, 1278 admissibility and certification, 119 labor certification approval, 1281 automated passport control, see Secu- Schedule A, 1609, 1704–05 petition process, 1277–79 rity checks TN visas, 1105 revocation, 1281 cancellation, 2318–19 physician assistant sponsors, 1278 EU laissez-passer travel document, admissibility and certification, 119 see European Union spouses/children, 1277 physicians (international medical substitution of beneficiary, 1278 falsely making/altering, 337 machine-readable passports (MRPs), graduates) support staff, 1276–77, 1280 B-1 for medical student, 1227 transportation costs, 1277 2318 obtaining, 2316–18 Conrad 30 program, 16, 26, 28, 29, Palau, see Freely Associated States passport card, 2317 1158–60 Palestinians proof of citizenship, 2288, 2317 EB-2 visas, 1539–41 asylum issues, 784 refusal to issue, 2319–21 H-1B visas, 1225–27 retention for removal hearing, 507 cap, 1171–73 pardons, 394–95, 1729 H-2B generally ineligible, 1227 parents transgender issues amendment for change of sex, 2317 H-3 externship, 1168, 1227 battered, 1370 application lacking option for non- inadmissibility, 117 detention release because of parental binary, 2317 investors, 1227 status, 511–12, 564 J visa requirements, 1072, 1082, LPR status, 1367, 1373–74, 1392, travel, where passport not needed, 1158–60, 1158–61, 1226 1442 2317–18 labor certification, 1540–41 prosecutorial discretion in removal using false, 437, 2340 medical students, 1227 proceedings (“parental interests validity, 1073, 1087 clerkship on B-1, 1119, 1227 directive”), 511–12, 564 for VWP, 1111–12 medically underserved areas, 1082, paternity, see Legitimacy and paternity 1158–61, 1226, 1539–40, 2242 parole, 250–51, 254, 256–58 PATRIOT Act, see USA PATRIOT NIWs, see National interest waivers admission, different than, 68 O visas, 1227 advance parole, see Advance parole Act overstay (INA §222(g)), 1082, 1165, AOS for parolees, 251 pattern or practice, see Asylees and 1226 conditional parole, 533 refugees special immigrants, 1550 conditional parolee not eligible for penalties TN visas, 1227 AOS, 1464 picketing, 487–88, 2246–47 revocation of, 515 (see also Fines) deportation unlawful, 2091–92 employer sanctions, 2223–36 plea bargains during DHS appeal of asylum/With- unfair immigration employment prac- agreement by U.S. attorney not to de- holding/CAT grant by IJ, 257 tices, 2270–71 port, 443–44 eligibility for AOS, 1464 pendent review, 1914 Alford pleas, 387–88 employment authorization, 250–51 Pennsylvania conviction for immigration purposes, entrepreneurs/start-ups, 69–72 legislation affecting immigration, 53 383–89 for family members of person granted counsel’s advice / Padilla, 383–87 cancellation/suspension, 1769 performance test fast-track pleas, 388–89 labor certifications, 1662 humanitarian parole, 262–63 police ICE release on bond of “inadmissible PERM, see Labor certification certificates, 1459 alien” not parole, 256–57 permanent resident cards, see Green enforcement of INA, 48–54, 509–10, IIRIRA changes, 10 cards 539–40 parole-in-place, 34, 68–69, 251 revocation, 261 permanent residents, see Lawful per- Polish nationals habeas jurisdiction not barred, 530–31 manent residents cancellation of removal, 1775 risk classification assessment, 257 persecution, see Asylees and refugees, political offense, 122 specific groups subhead: Persecution. For persecu- political opinion, see Asylees and ref- asylees/refugees (credible fear), tion of others as bar to status, see ugees 257–58, 895 (see also Credibil- Asylees and refugees, subhead: ity determinations) political question Cubans, 261, 1059 Persecutors jurisdiction, 2034–35 Filipino WWII veterans, 896 petitions, see Employment-based im- parole matters, 258 juveniles, 256, 257 migration; Family-sponsored im- polygamy public interest parole (Lautenberg migration; Forms; Immigrant foreign polygamist marriages, not rec- Amendment), 895–96 visas; Lawful permanent residents; ognized, 1408 termination of, 68 Nonimmigrants; Signatures; spe- ground of inadmissibility, 152 unlawful presence, 159 cific nonimmigrant visa category polygraph evidence, 666–67 Parole Commission guidelines, 461 petty offense portability, see Employment-based im- partners, domestic, see Marriage and aggravated felony sentencing, 368–69 migration; H-1B visas; H-2A visas cohabitation cancellation and AOS, 1761–64 PORTPASS, see Security checks partnerships CIMT exception, 121–22, 146–47 post hoc rationalization, 2045–47 E-1 partners, 1299, 1300, 1301 good moral character determination, EB-5 investors, 1571 2297 2643 posting requirements KURZBAN’S IMMIGRATION LAW SOURCEBOOK, 17TH ED. posting requirements, see Labor certi- presidential proclamations probable cause, see Search and sei- fication; Labor condition applica- and executive orders zure tions finding persons inadmissible, 214–19 probation, 397–98 post-traumatic stress disorder list of EOs & PPs, see Table of Au- aggravated felony, 367 thorities at pp. 2445–46 (PTSD), 667, 986 not a sentence to confinement, 367, suspending admission, 214–19 397–98 poverty guidelines, 109, 110, 1448, territorial limits, 74 2242 travel bans, 214–19, 1102 professionals, see EB-1 visas; EB-2 visas; EB-3 visas; H-1B visas precedent decisions judicial review, 2090 General Counsel memoranda not presumptions professors binding, 1846 against admissibility (immigrants), exchange visitor, 1149, 1153, 1163 unpublished AAO decisions, 1853–54 1434 NIWs, see National interest waivers unpublished BIA decisions, 1846–47 aggravated felony, 691, 737, 739 permanent residency, see EB-1 visas Schedule A, see Labor certification preclusion of review, 1802, 1957–92 favoring admissibility (visa), 273, 1080–81 prosecutorial discretion, 558–65 preconceived intent, 1091, 1095, intending immigrant, 1071–72 detention, 245–46, 511–12 1336, 1476, 1496 marriage fraud, 1413 employment authorization, 562, 2242 preemption regularity, presumption of, 686, 1822 military families, 68–69 constitutional issues, 48–50 removal, 689–94 parents, 564 detention facilities’ release of infor- prevailing wage pending I-130s, 563–64 mation, 264 FLAG system, 1202, 1679 prima facie eligibility for relief, 561 employer sanctions, 2202–05, 2237–38 labor certification, 1679–84 victims and witnesses of crimes, 563 labor law, 2202–05, 2237–38 labor condition application, 1202–06 vulnerable persons, 563 public benefits, 1510–13 prostitution state regulation of immigration, see priority dates, 1424–34, 1596–97 adopted children, 1382 as aggravated felony, 301, 332 State and local government deportation for, eliminated, 301 by treaties, 1309 aged-out children, 1427–33 athletes, 1601 inadmissible, 151 preference petitions, 1421–34 change of employment, as effecting, protective order accompanying, defined, 1423 1596–97 adjustment of status, 1472 adjustment of status, see Adjustment conversion, 1424–25 asylum denial, 1032 of status defined, 1424 attorney sanction for violation, 658 adverse evidence, respond to, 1452–54 derivatives, 1427–33 deportation ground, 299–300 approvals, 1452, 1596–97 for employment-based petitions, discretionary relief denial for viola- chargeability, 1422 1426–27, 1596–97 tion, 1720 consular processing, see Consular pro- for family-based petitions, 1424–26 evidentiary issues, 687–88 cessing loss of, 1433–34, 1461 provisional unlawful presence waiv- conversion, 1424–25 lost petition, preservation of original cross-chargeability, 1422, 1435 date, 1434 ers, see Waivers denials, 1452–54, 1602–03 for relative petitions, 1424–26 public benefits, 113–14, 1510–13, derivative beneficiaries, 1427–33 Silva letters, 1426 2358–61 (Apdx. 4) employment-based petitions, see subsequent petitions, 1425–26 EB-1 visas; EB-2 visas; EB-3 vi- public charge successors in interest, 1597–98 affidavits of support, see Affidavits of sas; Employment-creation visas; transfer, 1424–26, 1596–97, 1598– Immigrant visas; Special immi- support 1601 grounds of inadmissibility, 98–116 grants; specific categories of im- Western Hemisphere priority dates, migrants grounds of removal, 280 1426 inspection, 237 family-based petitions, see Family- Priority Enforcement Program “totality of circumstances” frame- sponsored immigration; Immi- (PEP), see Immigration and Cus- work, 2353–57 (Apdx. 3) grant visas toms Enforcement waiver, 232 following to join, see Following to join priority workers, 1422, 1519–28 Q foreign state chargeability, 1422 extraordinary ability, 1519–23 judicial review, 1455–57 multinational executives and manag- Q visas (cultural exchange pro- oversubscription, 1434 ers, 1525–28 grams), 1311–12 outstanding professors and research- priority dates, see Priority dates Q-2 visas (Irish Peace Process), 11–12 procedures, 1446–52 ers, 1523–25 revocation, 1454–57, 1461, 1602–03 Prison Litigation Reform Act of qualified immunity, see Litigation stay of deportation, 1452 1996, 1946 questioning noncitizens, 508 venue, 1444–45 prisoners questions of law, defined, 1835–36, pregnancy, see Detention early removal prior to completion of 1897–1900, 2007–08 prehearing procedures sentence, 766 quotas, see Numerical limitations; removal (deportation), 627 transfer treaties, 461–61 Preference petitions removal (inadmissibility), 271–72 Privacy Act, 619–26 premium processing, 1097 (see also Litigation) R presentence report private legislation, 1806 R visas (religious workers), 1312–14 evidence of conviction, 683 private right of action, 2161 admission, 1313 expedited deportation, 766 definition, 1312–13 2644 SUBJECT MATTER INDEX relief from removal

evidence, 1313–14 terrorism, 191 registration minister, 1312 trafficking in persons, 151 failure to register, 433 not-for-profit, 1312 recidivism failure to register, Selective Service, petition, 1313–14 §212(c) relief, 1755–56 2300 professional capacity, 1312 possession, 314–15 noncitizens, 282–83 membership only required for visa, NSEERS, 271 recommendation against deporta- 1312–13 sex offenders, 137 tion, see Judicial recommendation religious occupation, 1312–13 registry, 1366 religious organization, 1313–14 against deportation judicial review, 2065 religious vocation, 1313 reconsideration spouse/children, 1313 aged-out children, 1427–33 regression, see Priority dates race discrimination, 41–42, 44, 1309 asylum denial, 868, 920 regulations racetrack personnel, 1120 federal review, 1858, 2060, 2087, (see also Table of Authorities at pp. 2095–96 2407 et seq.) Racketeer Influenced & Corrupt retroactive application, 2118–19 Org. Act, see RICO offenses motions, 1453, 1494, 1705–09, 1857–58 barred because relief unavailable, Regulatory Flexibility Act, 1931 rap sheet 1866 Rehabilitation Act of 1973 discretionary relief, use in, 684–85 barred by citation to nonprecedent affecting criteria for naturalization, evidence of conviction, 684–85 decisions, 1867 2306 RAPS database, see Security checks numerically barred, 1866 reinstatement rational-basis test, 38–39 regional service center, 1890 time barred, 1863–65 humanitarian, 1411–12, 1423, 1443–44 I-130, 1455 REAL ID Act, 20–21 nonimmigrant visas, 1086, 1093, 1096 reinstatement of removal order, All Writs Act, 1036, 1895, 1908, record 741–47 1932, 1936–37, 1950–51, 1978, appeal, 2047–51, 2096 administrative review, 745 2088, 2101 government obligation to disclose, constitutional challenges, 743–44, asylum, 20, 851, 952–57, 971–74, 423, 615–17, 626, 1085, 1721 1989–90 1028, 1036, 1051–52, 1721–22, of proceedings, 700 INA §245(i), 743 1839–40, 2064–65 review limited to, 2048–49, 2096 judicial review, 745–46, 1989–90 Australian E-3 visa, 21, 1309 submission of evidence after closure, jurisdiction, 745–46 burden of proof, 20, 482, 691–92, 688, 700 procedures, 744 1721–22 transcript, 685–86, 1811–12, 1825, REAL ID Act, 746 CAT claims, see Convention Against 1826–27, 1826–28, 1839, 2048 Torture reasonable-fear determination, 742– collateral attack on conviction, 410 record of conviction 43, 928–29 corroboration, 20, 952–57, 2064–65 basis for deportability, 123, 124–28, reissuance of visas, 1086 credibility, 20, 971–74, 987, 1721–22, 290–92, 295, 296, 320–21, 347– 1839–40 66, 681–82, 691 relation-back doctrine, 181, 736, detention, 531, 761, 1900, 1902, 1908, categorical and modified categorical 1208, 2105, 2175 1934, 1961 approach, see Categorical, modi- release orders driver’s license, see Driver’s licenses fied categorical approaches failure to comply with terms, 440 employment-based visas, recapture of, recusal of IJs, see Immigration judges 21 redress, see Security checks relief from removal, 1719–1806 habeas corpus, 21, 531, 761, 1895– abandonment of application, 668, 688, 1909, 1909–11, 1932–34, 1936–37 reduction in recruitment, see Labor 725, 894, 923, 945, 1062, 1491, judicial review, 21, 531, 746, 761, certification 2038–39 1608, 1909–13, 1932–34, 1957– reentry after removal adjustment of status, see Adjustment 59, 1988–89 collateral attack on deportation order, of status mandamus, 21, 531, 761, 1908, 1909– 410–23 aggravated felons, 394–95, 397, 737, 11, 1950–51 criminal, 399–423, 449–54 739, 866, 873–75, 1722–24, nurses, see Nurses immigration procedure, 741–47, 1731, 1734, 1735, 1745, 1750 questions of law, defined, 1897–1900 1787, 1795 apparent eligibility, 597–98, 941–42, refugees, 20, 952–57, 971–74, 1060 inadmissible, 9, 143, 152–54, 168–70, 1773 reinstatement of removal orders, 746, 220 asylum, see Asylees and refugees; 1989–90 Withholding of removal relief from removal, 20–21, 692, reentry permit, 1496–98 burden of proof, 20, 130–31, 691–92, 1721–22 Refugee Act of 1980, 5, 777, 895 1721–22 standard of proof, 691–92 Refugee Crisis in Iraq Act of 2007, cancellation of removal, see Cancella- terrorism, 20, 195, 209, 281, 851 25, 1559–60 tion of removal withholding of removal, 20, 876–77, citizenship, claim to, 572–76 1721–22, 1839–40, 2064–65 refugee travel document, 1053, 1062, 1498, 1849 collateral attack, 382–83, 389, 410– reasonable-fear determination, see 23, 1795 Asylees and refugees refugees, see Asylees and refugees continued presence, 1802 reason-to-believe-standard refunds, see Fees criminal conduct affecting, 1722–24 drug trafficking, 148–49, 273, 278, regional centers deferred action, 565, 1795–1802 380–81 EB-5 centers, see Employment-crea- due diligence, see Due diligence money laundering, 15, 150 tion visas due process issues, 47–48, 1725–28 spouse and child covered, 150, 151, service centers, see Service centers equitable tolling, see Equitable tolling 194 estoppel, 567–72, 1792–93 2645 relief from removal, cont’d KURZBAN’S IMMIGRATION LAW SOURCEBOOK, 17TH ED.

fundamentally fair hearing, 1722 removal grounds, see Deportation counsel, criminal charges against, 660 IIRIRA changes, 9 grounds; Inadmissibility grounds counsel, right to, 271–72, 583, 630– inadmissible aliens, 275 33, 939–40 waivers, 94–95, 150, 152–54, 161– counsel, role of government, 651–52 removal proceedings—deportation counsel, withdrawal of, 651 68, 172, 173, 182, 220–32, (see also Deportation grounds; Re- 1805–06 country of, 740, 747 moval proceedings—inadmissi- court record, 700 ineligibility for, 168–70, 739, 866–67, bility; other specific procedural criminal aliens, 736–39, 766 1719–20, 1738 headings) criminal record, admission of, 290, international law issues, 482, 579 abandonment or withdrawal, see Re- 292, 294–95, 296, 679–85 marijuana conviction, 150, 293, 1729 lief from removal cross-examination, 660–67 marriage fraud, 1415–16, 1418, 1788– absence of respondent at hearing, de facto deportation of USC child, 91 581–82, 707–23 482–83 notice of relief, 597–98, 941–42 additional charges, 628–29 deferred action, 565, 1795–1802 nunc pro tunc permission, 1727–28, adjustment of status, 564, 591–93, departure during appeal, 1828–29, 1791–92 2038–39, 2091–92 payment of fee for, 726 1402–05, 1478–80, 1496, 1785–88 new adjustment for LPR in removal departure prior to hearing, 707 private legislation, 1806 deportation hearing retained, 583 procedures for filing, 584, 725 proceedings, 1478–80, 1753– 54, 1788 depositions, 619 protective order violation as basis to detainers, 533–40 deny relief, 1720 administrative closure, 578, 697–98 detention, see Detention REAL ID Act standard, 482, 1721–22 after adjustment, 1478–80, 1496 discovery, see Discovery right to request, 668 aggravated felonies, 301–73, 541–50, distinguished from inadmissibility, security checks, 668–70, 945, 1499, 691, 736–38 46–47, 67, 74–75, 77–78 1728 alienage, 690, 724, 739, 1739 documents, retention by ICE, 507 smuggling, waiver for, 172, 223–24, amnesty application, 688 documents, timely filing, 725 280, 1791 apparent eligibility, 597–98, 941–42, double jeopardy, 467, 479 standard of proof, 1721–22 1773 due process in, 46–47, 468–77 suspension, 1781–84 appeal effect of deportation, 467–68 timing of request for, 668, 1720–21 administrative, 1809–49 effective date, 369–73, 583 unavailability of relief, 739, 1719–20, federal, 1895–2126 embassy notification, 734–36 1756–58 final order, 1909–14 employment authorization, 763, 2242 voluntary departure, see Voluntary de- equal protection claim, 38–48, 481–82 parture appearance, waiver by counsel, 651, 700–701 estoppel, 567–72, 1792–93 waivers, 220–32, 1749–58, 1788–91, arrest, 507–10 evidence, 483–89, 626–27, 660–67, 1803–06 arrest reports, admission of, 684 671–89

§212(c), 1749–51 relief from removal, cont’d attorney fees, 2165–79 ex post facto, 478–79 withdrawal of relief, 1719–20 attorney sanctions, 656–60 expedited removal, 241–48, 736–39 expert testimony, 665–66 Religious Freedom Act, Interna- authentication, 677–79 Bail Reform Act, 540–41 failure to appear, 171, 581–82, 707–23 tional, 11, 212, 685, 985–86 battered spouses and children, 630, failure to depart, 439, 467, 763 Religious Freedom Restoration Act 688, 1401, 1767–70 failure to follow agency rules, 480–81 (RFRA), 2153 bill of attainder, 479 Fifth Amendment, 468–77, 487, 596, 670–71, 690 religious marriages, see Marriage and bond, 515–33, 541–50 cohabitation Brady rule, see Discovery filing documents, 584 burden of proof, 689–94, 718–19, 740 timeliness, 725 religious persecution cancellation of removal, see Cancella- final conviction for immigration pur- asylum, 1010–13 tion of removal poses, 379, 380, 382 deportability for, 282 cancellation of visas, see subhead: Vi- final order of, 1906–07, 2085–88 inadmissibility for, 212 sas, cancellation of (in this heading) fine for failing to depart after final or- religious workers case status inquiry, 628 der, 467 B-1 visas, 1118 charges, 509, 558–65, 565–66, 582, FOIA, 599–618 history, 6 628–29 foreign law, 686, 2116 R visas, see R visas children, 246, 482–83, 522–28, 676, grounds of deportation, see Deporta- special immigrants, 1544–49 701–04, 1738, 1794 tion grounds adjustment of status, 1547–48 citizenship claim, 572–76, 2335–37 harmless error, 635–36, 698–99, 2066 ministers, 1546, 1548 civil proceeding, 478–80 harsh consequences of removal, 467–68 classified information, 686–87 remand hearsay, 672–75 closed hearing, 630, 934, 1401 asylum cases (credibility), 1838–39 IIRIRA changes, 9–10 closing argument, 668, 699, 729 IJ review of I-130, 1412, 1478 BIA, 1831–34 collateral attack on charge, 382–83, court of appeals, 2060, 2096–2101 IJ roles as prosecutor and adjudicator 1795, 1945–46 are separate, 730 decision by government counsel, 2100 collateral estoppel, 724–25 final order, 2101 in absentia hearings, see In absentia commencement of proceedings, 554– hearings procedural issues in federal court, 58, 565–66 2096–2101 incompetent, 704–07 confidential hearing (battered spouse), international law bars removal, 579 reversal, distinguished, 2097–98 630, 1401 standard of review, 1834–35 interpretation, 694–97 constitutional protection, 47–48, 468–77 interrogation procedures, 497–98 removal, expedited, see Expedited re- continuances, 586–97 interrogatories, 619 moval convictions, proof of, 679–85 investors, 1587 2646 SUBJECT MATTER INDEX removal proceedings—inadmissibility

Jencks Act, 619 resident status terminated, 1503 admission, 67–78, 275 judicial deportation, 7, 10, 460, 739–40 retention of documents by ICE, 507 appeal lawful permanent resident, 1365, 1498 return after successful challenge to re- administrative, 277, 1809–49 lenity, see Lenity, rule of moval, 2091–92 judicial, 1895–1903, 2085–2102 marriage in, 591–93, 1402–05, 1470– rights explained, 597–98 71, 1785 rights of deportable aliens, 47–48, asylum request, 242–44, 275, 929–36 minors, 701–04 468–82 attorneys’ fees, see Attorneys’ fees Miranda rights, 479, 671 sanctions against countries refusing burden of proof, 67, 77–78, 98, 130– naturalization, relation to, 572–76, to accept their citizens, see sub- 31, 160, 181, 185, 197–98, 249, 2302–04, 2335–37 head: Visa discontinuance (in 272–75, 671, 689–94 notice of deportation, 750 this heading) classified information, 249, 332, 686–87 notice to appear (NTA), see Notice to search and seizure, see Search and sei- collateral estoppel, 724–25 appear zure consequences of, 152–54, 276 notice to embassy, 734–36 security check to file for relief, 668– constitutional protection, 44–47, 73– offer of proof, 686 70, 1499 74, 259–60, 260–61, 545–48 opening statement, 668 sedation of deportee, 750 continuances, 272 order to show cause selective prosecution, 566–67 counsel, right to, 271–72 service of, 372–73, 583 self-incrimination, 497, 670–71, 723 cross examination, 272, 660–67 transition rules, 372–73 sentence for immigration purposes, detention, see Detention passport seizure, 507 284–85, 366–69 distinguished from deportation, 44–47 due process, 44–47, 67–68, 73–74, physical removal, 747–63 sentenced to removal, 460, 739 speedy trial, 462, 479 259, 260–61, 272–74 absconders, 763 effective date of IIRIRA changes, 271 Adam Walsh Act, see Child abuse standard of review, 2051–66 state & local law enforcement, 509–10 employment authorization, 763, 2242 civil commitment instead of re- evidence, 272–75, 626–27, 660–67, moval, 749–50 statements taken, 685–86 status cases, 581 671–89 criteria, 747–48 exclusion hearing maintained, 271 designation of country, 747 statute of limitations, see Statutes of limitations expedited removal, 241–48 DHS disregard designation, 749 expert testimony, 665–66 DHS procedures for detention, 756 statutory construction, 692–94, 2106– 25 filing in immigration court, 583 due process challenge, 748–49 final order, 1909–14, 2085–88 early removal of nonviolent offend- stay of removal, 764–66, 1452, 1825–26 stipulation to removal, 724, 739 fundamentally fair hearing, 46–47, ers, 766 272, 1722 employment, 763 subpoena, 618–19, 740 summary decision, 724 hearing, rights at, 272–75 erroneous, 2039 IIRIRA changes, 9, 271 fugitive status, 444, 763 summary removal, 736–39 suppression of evidence, 483–89, 670 interpretation, 275, 694–97 jurisdiction, 763 lawful permanent residents, 46, 75– notification, 750 suspension, 1781–84 telephonic, 700 78, 273–74 return after successful challenge to travel during hearing, 1498 removal, 2091–92 termination of proceedings, 566–80, 598 marriage in, 1402–05 sedation of deportee, 750 minors, 246, 701–04 self-removal, see Self-removal/de- terrorist removal, 740 time limit on deportation, 750–53 naturalization, relation to, 572–76, portation 2302–04 time limitation on, 750–53 translation, documentary form of, 686, 697 notice of, 271 police reports, 684 travel during, 1498 nunc pro tunc, readmission, 275, polygraph evidence, 666–67 treaty transfers for prisoners, 461–62 1791–92 practice manual, EOIR, 664 unfair labor practice, 487–88 offer of proof, 686 prehearing conference, 627 venue, 556, 584–85 open hearing, 272 prehearing procedures, 554–628 video hearing, 701 parole, 250–51, 256–58, 261 presence of respondent, 700–701 visa discontinuance for countries refus- credible fear, persons who establish, prior order attacked, 1795 ing to accept their citizens, 767–68 257–58 prison as site of hearing, 738 visas, cancellation of, 252, 747 Cubans, 261 prisoner transfer treaty, 461–62 voluntary departure, 1734–35 humanitarian, 262 prisoners, early removal, 766 reinstatement on appeal, 1829–30 indefinitely detained, 260–61 procedural rights, 468–77 waivers, 1788–91, 1803–06 juveniles, 256, 257, 263 prosecutorial discretion, 558–65 withdrawal of relief, 1719–20 revocation, 261 readmission after, 152–54 witnesses in criminal proceeding, passport seizure, 507 record, 700, 2047–51 444–45 recusal of IJ, 726–34 physical removal, 277, 747–63 wrongful departure, 1828–29, 1862– polygraph evidence, 666–67 reentry after deportation, 399–423, 63, 2039, 2091–92 741–47 prehearing matters, 271–72 regulations, failure to follow, 480–81 prosecutorial discretion, 558–65 reinstatement of LPR status, 1788 removal proceedings— recusal of immigration judge, 726–34 relief unavailable, 1719–20 reinstatement of removal order, 741–47 inadmissibility, 233–77 removal proceedings—inadmissibility relation back to cure defect, 736 (see also Admission; Inadmissibility removal hearing, 272–75 relief from removal, see Adjustment of grounds; Removal proceedings— resident status terminated, 1503 status; Asylees and refugees; Can- deportation; Waivers; other spe- return after successful challenge to re- cellation of removal; Relief from cific procedural headings) moval, 2091–92 rights of inadmissible persons, 44–47, removal; Voluntary departure in absentia hearings, see in absentia 67–78, 272–75 repapering, 578, 1784–85 hearings res judicata, 567–72 adjustment of status, 275 2647 removal proceedings—inadmissibility, cont’d KURZBAN’S IMMIGRATION LAW SOURCEBOOK, 17TH ED.

security procedures to file for relief, res judicata change of status, 1095, 1340 668–70, 924, 945 deportation, 567–72 criteria, 1340–41 security threat, 249 habeas corpus, 1944 family members, 1340 sequestration of witness, 688 rescheduling interviews, see Interviews numerical limitation, 1340 stay of removal, 248, 277 procedure, 1340–41 rescission, 1494–96 stipulation to removal, 724, 739 safe haven, 775, 926 stowaways, 249 judicial review, see Judicial review safe-harbor provision summary decision, 275 research resources, 2377–84 (Apdx. 10) summary removal, 241–48 prevailing wage for H-1B, 1204 researchers, see EB-1 visas terrorist removal, 249, 740 Salvadorans translation, 275, 686, 694–97 re-sentenced, 368 ABC litigation, 10, 904, 1775 travel during, 1498 residency, see Lawful permanent resi- cancellation of removal, 1774 venue, change, 271, 584–85 dents temporary protected status, 904 voluntary departure available, 275, retroactivity same-sex partnerships 1734–35 asylum, 923, 1052, 1060–61 withdrawal of admission application, aggravated felony provisions, 372 regulations, 2118–19 diplomats’ domestic partners, 1318, 251–52, 275 removal proceedings—inadmissibility, cont’d statutory construction, 2116–23 1320, 1324 reopen, motion to, 1855–90 fiancées, 1325 return after successful challenge to AAO appeal; service center review, humanitarian parole, 263 1851–52 removal, 2091–92 inadmissibility, 150, 194 abuse of discretion standard, 1037–38, return of petition by consular officer, naturalization, 2292 1887–89, 2057–60 1461–62, 1603–04 permanent residency, 1407–08, 1596 administrative notice, 1847–48 returning residents, 8, 75–78, 237, prosecutorial discretion, 562 agreement by DHS to reopen, 1871 refugees, 782, 912, 1059–60 273–74, 1365, 1496–98 asylum/withholding, 1032–34, 1871– relief from removal, 1727 79 burden of proof, 77–78, 273–74 Social Security, 1508 barred, 1863–70 revalidation, automatic, 1109–10 temporary protected status, 901 battered spouse/child, 1372–73, 1884 revalidation of visa, 1086 waivers, 161, 220 changed country conditions, 1871–79 sanctions, see Attorneys; Employer consolidation in appeals court, 2096 review, see Administrative review; sanctions counsel ineffective, 644–54, 1859, Federal jurisdiction; Judicial re- 1860 view sanctuary cities criteria, 1855–57, 2057, 2095–96 revocation litigation, 55–56 departure during, 1828–29 asylum, 927, 1054–55 Save Our Small and Seasonal Busi- deported during, 1868 death of petitioner, see Death of peti- nesses Act, 21 discretionary denials, 1887–89 tioner Schedule A, see Labor certification district director, filed before, 1890 employment-based petition, 1602–03 eligibility for, 1858–60 family petition, 1454–57 Schedule B, see Labor certification equitable tolling, see Equitable tolling H-1B, 1191 scope of review explanation for previous failure to ap- naturalization, 2327 before BIA, see BIA review ply, 1867 nonimmigrant, 1084–85, 1296, 2061, federal court, see Judicial review factual basis, 1887–88 2065 sealed records/protective orders filing motion during proceedings, VAWA petitioners, 1372 2059–60 attorney sanction for violation, 658 in absentia hearings, see In absentia RFE, see Requests for evidence discretionary relief denial for viola- hearings RICO offenses tion, 1720 INA §212(c), 1754 as aggravated felony, 332 evidentiary issues, 687–88 judicial review, 2057–60, 2095–96 civil actions, see Litigation search and seizure, 483–506 marriage petitions, 1403–04, 1867–68 predicate offenses, 443, 2254–55 area control operation, 499–506 numerical bar, 1865 ripeness, 2026–28 opposition untimely, 1887 attorneys’ files, 500 procedures, generally, 1855–57 risk classification assessment (RCA), audits, 2209 regional service center, 1890 see Parole border searches, 501–05 checkpoints, 501–05 relief barred by statute, 1866 Rule 11 to withdraw plea, 397 revocation of employment petitions, high-speed flight through, 289, 441 1604 Rule 32 to vacate conviction, 397 churches, 505–06 single BIA member decides, 1815 Rule 35 to correct or reduce sen- civil proceedings for criminal pur- stay of removal, not automatic during, tence, 397 poses, 489 consent to, 501 1885 rule of lenity, see Lenity, rule of sua sponte, 1868–70, 2042–43 courthouses, 506 time bar, 1863–65 rulemaking cruise ship searches, 503 unavailability of information, 1885–87 notice and comment, 1921–24 document retention by ICE, 507 petitioning DHS for, 1924 driver’s license, 505–06, 507 repapering, 578, 1784–85 vs. adjudication, 2125 egregious violation, Fourth Amend- replacement of immigrant visa, ment, 483–86 1462–63 S electronic surveillance, 487, 501 employer sanctions, 2208–09 requests for evidence (RFEs), 1098– S visas, 1340–41 factory sweeps, 499 1100, 1296, 1449–50, 1607 adjustment of status, 1340, 1474 Fifth Amendment, 487 asylum, 935–36 First Amendment, 487–88

2648 SUBJECT MATTER INDEX shackling of respondents

Fourth Amendment, 483–86 IBIS, 233, 1079, 1084, 1089, 1474 committed for treatment, not sen- frisking, 496 IDENT, 233, 234, 1089 tenced, 287 fruits of unconstitutional search, 488–89 challenge of records, 236 concurrent sentences, 367 good-faith exception, 496 disclosure of records, 235–36 correction under Rule 35, 397 inspection of I-9s, 2207–08 Immigration Advisory Program, 235 defined, 150–51, 284–85, 366–69, 458 international waters, 505 INSPASS, 239 deportation interrogation, 490–96 low-risk border travelers, 238–39 as part of sentence, 460, 739 laptop border searches, 503–05 NAICS database, 1153, 1257, 1612 prior to completion of sentence, 8, motion to suppress, 483–89, 670 NAILS lookout, 233, 613 398, 460, 739, 766 open fields, 500 failure to appear at deferred in- probable cause standard relaxed in im- spection, 250 downward departure, 388–89, 451, migration, 500 NCIC, 14, 1078–80, 1460 458–60 reasonable suspicion, 490–96, 2206 K and V applicants, 1332, 1335 enhancement under Apprendi, 380, recordings, consensual, 501 OBIM (formerly US-VISIT), 233– 430, 445–46 schools, 505–06 34, 1088–89 false ID/name, 457 seizure, 496–97 challenge to records, 236 found in cases, 454–55 self-incrimination, see Self-incrimina- PORTPASS, 239 guidelines, 445–60 tion RAPS, 233, 798 parole commission guidelines, 461 standing, 499 redress, DHS-TRIP, 236–37 indeterminate sentences, 367–68 sting operation, 505 Secure Flight Program, 234–35, 1089 minors, sexual abuse of, 450 stop, 490–96 challenge via DHS-TRIP, 234– notations in court record, not evi- subpoenas, 506, 2208 35, 236–37 dence, 683 suppression, 483–89, 670 SENTRI, 239 probation, 367, 373–75, 397–98 criminal reentry case, 405 TAL (Technology Alert List), 190, reduction as affecting conviction, 368, suppression motion, 483–89, 670 1079 397 unfair labor practice, 487–88 TECS II, 233 reentry after removal, 449–50, 451–54 use of force, 498 LPR seeking I-90, 1499 smuggling cases, 449 validity, 499–500 National Vetting Center, 1089 stipulations, 459–60 Vienna Convention on Consular Rela- removal proceedings, 668–70, 1728 supervised release, 460 tions, 488 security advisory opinions (SAOs), suspending imposition, 284–85, 366– with warrant, 499–500, 2208–09 1079–80 69, 450, 458 warrant, standard, 499 Visas Condor checks, 1078–79 trafficking in false documents, 457 warrant used improperly, 489 Visas Donkey, 1079 upward adjustments, 458 warrantless search, 500–501, 2209 Visas Mantis, 1078 vacation of sentence, see Vacatur wiretap, 501 Visas Shark, 1079 withholding execution, 284–85, 366– 69, 382 second preference, see EB-2 visas; security threat Family-sponsored immigration (see also Terrorists and terrorism) separation, see Family-sponsored im- Secure Communities Initiative, see grounds for special removal, 249 migration, subhead: Marriage- Immigration and Customs En- visa processing, 1078–80 based petitions forcement sedation of person removed, 750 sequestration of witness, 688 Secure Flight Program, see Security selective prosecution, 40, 47, 465, 566– service centers (USCIS) checks 67, 1978, 2223, 2274, 2338–39 motions to reopen or reconsider, 1851–52, 1890 securities law Selective Service EB-5 investors, 1588–92 naturalization requirement, 2300 service of papers on counsel, see Counsel, right to security checks self-incrimination, 237, 497, 670–71 adjustment of status, 1474 continuance as basis for, 596 service of process, see Judicial review crimes as basis for asserting, 671 asylum, 668–70, 924, 945 SEVIS (Student & Exchange Visitor bond, 520 in absentia hearings, see In absentia consular processing for IVs, 1460 hearings Information System) consular processing for NIVs, 1078–80 removal proceeding, 670–71 F (student) status, 1123–24 SEVIS identification, 1131 inspection databases and programs suppression, 487, 670–71 testify, refusal to, 670–71 J (exchange visitor) status, 1123–24, ABTC, 239 1163 self-petitioning ADIS, 233–34, 235–36, 1089 M (vocational student) status, 1123– Privacy Act challenge, 236 Cuban spouses, 1057 24, 1147 Privacy Act exemptions, 625 spouses, parents and children of ser- APIS, 234, 1089 viceman killed in combat, 17–18, sex discrimination automated passport control, 239–40 1373–74 paternity statutes, 44 BioVisa Program, 1074 VAWA, see VAWA petitioners CLASS, 233, 924, 1078–80, 1084, widow(er)s, 1367–68, 1411–12 sex trafficking, see Trafficking 1460 self-removal/deportation, 724, 1739, sexual abuse of a minor, see Child challenge of records, 237, 1079 1828–29, 1862–63, 2038–39 abuse Electronic Visa Update System after final order, 763 sexual identity, see Transgender issues (EVUS), 240 ESTA, 1089–90, 1112 sexual offender, failure to register Privacy Act exemptions, 625 sentences and sentencing, 284–85, as ground of deportation, 300–301 FAST, 239 366–69, 445–60 sexual orientation, see Homosexual- Global Entry / Trusted Traveler pro- aggravated felons, 455–57 ity; Same-sex partnerships Booker, 445–49 gram, 238–39 shackling of respondents, 629–30 2649 siblings KURZBAN’S IMMIGRATION LAW SOURCEBOOK, 17TH ED. siblings eligibility, 1555–56 spouses adoption, 1381 jurisdiction, 1554–55 (see also Family-sponsored immigra- petition for LPR status, 1392–93, appeals, 1557 tion; Marriage and cohabitation; 1421 HHS, 1554 Marriage fraud) Sierra Leoneans immigration court, 1554–55 §245(i), see Adjustment of status visa discontinuance, 767–68 UAC Asylum Office, 1555 preference category, same as spouse, procedure, 1556 1422 signatures reason to believe charge, 151, 194 prosecutorial discretion, 1557 on petitions, 1451–52 studying in U.S. while accompanying proving abuse, neglect, abandonment, Silva letters, see Priority dates 1553 principal, 1074 Singapore revocation, 1556 stalking H-1B1 fast track visas, 1227–28 types of proceedings, 1552–53 grounds of deportation, 299 Skidmore deference, 2079–80 standard metropolitan statistical skilled workers, see EB-3 visas special immigrants, 1544–61 area (SMSA), 1597–98 Afghans, see Afghans smuggling aliens American Taiwan institute, 1549 standard of proof as CIMT, 142 broadcasters, 1558 (see also Burden of proof) criminal grounds, 424–29 burden of proof, 1434 asylum/withholding, 835, 845–46, deportation, 279–80, 337 commuters, 1544 868, 878, 888–93 inadmissible, 171–73 court dependents, see Special immi- corroboration, 951–57 transporting/harboring, 426–29 grant juveniles discretionary relief, 1721–22 waiver, 172, 223–24, 280, 1791 employer unnecessary, 1544 employer sanctions, 2198, 2213 social group membership, see G-4s, 1322, 1550 modified categorical approach, 366 Asylees and refugees international medical graduates, see removal, 691–92 social networking sites, 1414 Physicians Iraqis, see Iraqis standard of review Social Security juveniles, see Special immigrant juve- asylum cases, see Asylees and refu- criminal fraud, 442 niles gees obtaining card, 1508–10 military service, 1558 in BIA cases, see BIA review payments, 1506–08 military translators, 23, 1558–59 in federal court, see Judicial review priority N-400 processing for SSI re- ministers, 1544–45 standing, 2016–26 cipients, 2313, 2315 NATO, 1558 beneficiaries of IV and NIVs, 2024, solicitation Panama Canal treaty employees, 2025–26 aggravated-felony drugs, 305–11 1549–50 petition process, 1544 cancellation claims, 2022 of crimes, generally, 389–90 citizenship claims, 2024–25 solitary confinement, see Detention reacquisition of citizenship, 1544 religious workers, see Religious work- FOIA-based claim against agency, Somalians ers 2023 immigrant visa processing, 1458 returning residents, 1544 Fourth Amendment violations, 499 temporary protected status (TPS), 904 translators for military, see Afghans; jurisdiction, 2016–26 Lyons injunction, 2023–24 South Carolina Iraqis U.S. employees, 1549–50 statutory standing, 2023 legislation affecting immigration, 53 unions, 2021 South Sudanese special registration, see NSEERS stare decisis, 2125 temporary protected status (TPS), specialty occupations, see H-1B visas 904–05 state and local government sovereign immunity specific vocational preparation §287(g) agreements, 510 construction of, 2124 (SVP), 1531, 1542, 1663–64, law enforcement, 509–10 Foreign Sovereign Immunities Act, 1670–72 legislation, 3, 48–54 (see also Table of State Statutes, pp. 2542–58) 2154–55 speech-language pathologist head of state immunity, 2160 alienage, 41–42 inadmissible without certificate, 119 jurisdiction, 2154–55 fundamental rights, 43–44 retroactive application, 21582160 speedy trial, 462, 479 national origin, 41–42 LCA violation, 1216 political sovereignty, 54–55 unfair immigration empl. cases, 2273 sponsors, see Affidavits of support; preemption, 48–50 Family-sponsored immigration; racial discrimination, 41–42 Soviet scientists specific visa types written agreement to enforce immi- EB-2 visas, 7, 16 gration, 510 special agricultural workers (SAWs), sponsors of terrorism, see Terrorists and terrorism State Department (DOS), see Depart- see Legalization ment of State special counsel, unfair immigration spousal abuse statelessness employment practices, 2204–05 (see also VAWA petitioners) asylum, 784–85 as aggravated felony, 323 special immigrant juveniles, 1550–58 as crime involving moral turpitude, status cases, 581 adjustment of status, 1557 132 statutes of limitations cared for by ORR, 1558 as deportation ground, 297–300 §212(h) waivers, 224–25 dependency, proceeding to deter- employment authorization for A, E-3, back pay, 1214–15 mine, 1551–52 G, H nonimmigrants, 2240 class actions, 2105 detention, see Detention as persecution, 1016–19 2650 SUBJECT MATTER INDEX TECS II

denaturalization / loss of citizenship, stop-time rule, 1746–48, 1782–83 suspension of deportation, 1781–84 2326, 2334–35, 2338 stowaways (see also Cancellation of removal) employer sanctions, 2222 asylum/CAT claim, 249, 925, 927, battered spouse/child, 1784 fraudulent documents, 436 935–36 extreme hardship, 1770–73, 1782 habeas challenge to state conviction, grounds of inadmissibility, 171 ineligible, 1782 396–97 removal at border, procedure for, 249 NACARA, see NACARA persons “found in” U.S., 405, 408 residency by, 1367 procuring naturalization in violation streamlining at BIA, see Affirmance seven-year provision, 1769, 1781–82 of law, 2338 without opinion (AWO) standard of review, 2065 removal proceedings, 480 strike provisions, 2246–47 stop-time rule, 1782–83 terrorism, suits against state sponsors strip searches , see Detention ten-year provision, 1782–84 of, 2157–58 SVP, see Specific vocational prepara- Torture Victims Protection Act, 2148 students tion unfair employment practices, 2273 (see also F visas; J visas; M visas) SWA (state workforce agency) statutory construction rules, 2106–25 Chinese Student Protection Act, see China (see also Labor certification) agency deference, 2067–85 complete and file I-9s, 2185 ameliorative statutes, 2112 in-state tuition for undocumented stu- dents, 1125 E-Verify, 2199–2205 avoidance of Fed.R.Civ.P. 12(b)(6) LC process, 1623–24 dismissal, 2123–24 spouses and children while accompa- Syrians avoidance of serious constitutional nying principal, 1074 question, 2115 undocumented school children, 1125 student (F-1) employment, 1132–33 avoidance of violations of interna- sua sponte reopening, see Judicial re- Syrian Adjustment Act, 13 tional law, 2115–16 view temporary protected status (TPS), 906 clear statement rule, 1992 clear statutory language, 2106–09 subpoenas T employer sanctions, 2208, 2212 deportation statutes, 692–94, 2111–12 T visas, 1341–50 inclusion of language, 2110–11 enforcement of the INA, 506 abusers prohibited from visa, 1349, jurisdictional vs. claims processing, removal proceedings, 618–19 1360 2114–15 terrorist court, 740 adjustment, 1347–49 multiple statutes, 2112–14 substantial-evidence test, 2062–66 age-out provision, 1346 omission of language, 2110–11 application process, 1343 retroactive application of statute, substitution of beneficiaries and em- assistance, reasonable request defined, 2116–23 ployers, see Beneficiaries; Succes- 1342 rulemaking vs. adjudication, 2125 sor employers cap of 5000 visas, 1345 sovereign immunity, see Sovereign subversives civil action for trafficking, 2151–52, immunity deportation of, 280 2180 stare decisis, see Stare decisis inadmissible for, 190–91 defined, 1341–43 summary judgment, 2123 employment, 1345 void for vagueness, see Void for successor employers evidentiary standard, 1343–45 vagueness employer sanctions, 2185 employment-based petitions, 1597–98 family members, 1346–47, 1348 stays H-1Bs, 1188 INA §239(e) compliance, 1345 BIA, 764, 1825–26 H-2As, 1135, 1241 removal after T status, 1345 from court of appeals labor certification, 1658 removal of T visaholders, require- ments for arrest, 509 of removal, 2088–91, 2101 Sudanese waiver, 1345, 1349 of voluntary departure, 1737, 1741– immigrant visa processing, 1458 42, 2092–93 temporary protected status (TPS), TAL, see Security checks extensions of, generally, 1082–84 904–05 targeted employment area, 1569–71 judicial review, 2088–91 in removal (deportation), 764, 1825–26 suits against the government, see Lit- TARP H-1Bs, see H-1B visas in removal (inadmissible), 158, 248, 277 igation tax crimes summary decisions, 275, 466, 724, tax avoidance STEM (Science, Tech., Eng’g, Math) 2212 expatriate tax, 1505 students, 1135–41 deportable, 724 good moral character issue, 1732 stepchildren, 1374–75 inadmissible, 275 ground of inadmissibility, 120 sterilization, see Forced abortion/steri- summary judgment, 2123 tax evasion, 142 as aggravated felony, 333–37 lization summary removal, 9, 241–49, 736–39 tax returns (see also Expedited removal) sting operations, 505 adjustment, 1504–06 stipulations supervised release, 398–99, 542, 760–61 affidavit of support, 113 binding on counsel, 649–51 criminal penalties, 760 taxation judicial order of removal, 739 procedure, order of supervision, 760 subsequent to inability to remove, of LPRs/NIVs, 1504–06 removal order, 724 tax treaties, 2369 (Apdx. 7) sentencing, see Sentences and sen- 760–61 tencing suppression of evidence, see Search teachers labor certifications, 1702–04 stolen property and seizure Technology Alert List (TAL), see Se- as aggravated felony, 327–31 surrogacy, see Assisted reproductive curity checks stop by law enforcement, see Search technology and seizure TECS II, see Security checks 2651 telephonic and video technology KURZBAN’S IMMIGRATION LAW SOURCEBOOK, 17TH ED. telephonic and video technology terrorists and terrorism Texas appearance by counsel, 647 association with terrorist org., 211 legislation affecting immigration, 53– client communication with counsel, asylum ineligibility, 851–52 54 267 Convention Against Torture, 740 third preference credible-fear interviews by telephone, courts, specialized, 740 employment-based, see EB-3 visas 927 deportable offense, 281 family-based petitions, 1421 deposition by videotape, 444 designation of terrorist orgs., 203–04 employer-sanction hearing, videotape detention and bonds, 550–54, 759 three- and ten-year bars, see Unlaw- evidence, 2213 suspected terrorists, 256, 550–54 ful presence expert and other testimony by tele- duress defense, 194, 196, 200–202 Title VII phone, 667 to material support for terrorists, relationship to aliens, 2251–52 immigration court record, 700–701 200–202, 852 relationship to unfair immigration em- location of electronic hearing, 701, to military-type training for terror- ployment practices, 2262, 2263, 2093 ism, 194, 201 2266, 2271 minors and incompetents, hearings in- to solicitation of funds/membership TN visas, 1105–08 volving, 703 for terrorism, 196, 201 presence of respondent by phone or (see also USMCA) video, 700–701 hold policy, 202–03 business visitors, 1104 inadmissibility, generally, 191–94 children, 1108 temporary protected status (TPS), interview procedures by AG office, denial, 1108 898–99 497–98 dentist, 1105 adjustment of status, 898, 903 jurisdiction, 740 dual intent, 1108 administrative closure of proceedings, material support, 196–203 E visas, 1108 903 collateral estoppel, 200 engineers, 1105 application procedure, 902 de minimis support, 198 grace periods (10/60 day), 1108 asylum and TPS, 899 duress exemption, see subhead: Du- in-state tuition, 1108 benefits, 899 ress defense (in this heading) L petitions, 1104–05 cancellation of removal, time not insignificant material support ex- management consultants, 1105 counted toward, 899 emption, 198–99, 205–06 nurses, see Nurses cancellation of visa under INA limited material-support exemption, physicians, 1105 §222(g), 1082 199 procedures, 1107–08 change of status, 898 medical support exemption, 201–02 professionals, 1105–07 children, 901 military training exemption, 201 self-employment prohibited, 1105 confidentiality, 903 waiver, 20, 205–09 spouses, 1108 criminal conviction, illegible for, 900 technologists, 1105, 1106 criteria, foreign state, 898–99 membership in terrorist organization, visitor for business, 1104 204–05 deportation stayed, 898, 904 tort claims, see Litigation eligibility, 898–99 NCIC checks, 1078–80 employment, 898, 901 NSEERS, 271 torture Guatemalans, 904 organization defined, 203 CAT, see Convention Against Torture Haitians, 905–06 organizations designated as terrorist, defined, 881–84 Hondurans, 905 203–04 Torture Victim Protection Act judicial review, see Judicial review presidential order on detention/trial, (TVPA), see Litigation late filing, 902 550–52 tour bus operators, 1104, 1119 private action, Anti-Terrorism Act of Nicaraguans, 905 TPS, see Temporary protected status removal proceedings, 903 1991, 2152–53 Salvadorans, 904 reason to believe standard, 191 trafficking Social Security benefits, 899 relief unavailable in drugs, see Drug offenses Somalis, 904 adjustment, 1474 in false documents, see Documents South Sudanese, 904–05 asylum, 851–52 in firearms, 315 spouse, 901 INA §212(c), 1757 in persons (sex trafficking), 442, 1342 Sudanese, 904–05 registry, 1366 (see also T visas; VAWA peti- Syrians, 906 suspension, 1782 tioners) temporary status before approval, 901 voluntary departure, 1735 as ground of deportation, 296 termination of status, 901 withholding, 851 as ground of inadmissibility, 151 travel, 898 removal procedures, 740 private right of action, 2151–52, visa cancellation, 1082 at border, 249 2254–55 withdrawal of status, 901 withholding documents to further, 442 Yemenis, 906 retroactive application, 209 spouses and children of terrorists, 194 Trafficking Victims Protection Acts, temporary workers, see specific visa state sponsors of terrorism see History of immigration laws; types NIV restrictions, 1073 Litigation; Trafficking; VAWA tenant-occupancy, see Employment- suits against, 2155–60 petitioners creation visas (EB-5) suspected terrorists, 249, 740 trainees, see H-3 visas; J visas Tennessee Terrorism Prevention Act of 2004, 19 transcripts, deficiencies in, 700, legislation affecting immigration, 53 USA PATRIOT Act, 14–15 1826–28, 2048 ten-year bar, see Unlawful presence waiver, 200–201, 205–09 withholding ineligibility, 876–77 transfer case from or to circuit termination of proceedings, see Re- courts, 1944–45 moval proceedings—deportation

2652 SUBJECT MATTER INDEX United States transfer of detainees turnback policy (metering), see disparate impact, not basis for claim, attorney notification, 647 Asylees and refugees 2263, 2272 document abuse, 2260–62 ICE standards, 513–14 TWOV , see Transit without a visa Transfer Treaty, 461–62 EEOC overlap, 2266 two-year foreign-residency require- employer, 2256 transgender issues ment, see Foreign-residency re- employment, defined, 2255–56 detainees, 265–66 quirement good faith, defense, 2274 marriages, 1406–07 H-2A/2B, relationship to, 2258–59 passports U hearing, 2267–70 amendment for change of sex, 2317 honesty policy, defense, 2274 application lacking option for non- U visas, 1350–60 IIRIRA changes, 10, 2260 binary, 2317 §239(e) compliance, 1356 judicial review, 2065, 2275 transit visas, see C visas abusers barred from visa, 1360 knowledge standard, 2257 labor certification, relationship to, transit without a visa (TWOV), adjustment, 1357–59 admission, 1354 2258–59 1336–37 agency assisting, 1358–59 lost wages, civil actions for, 2252–53 adjustment, 1337, 1463 arrest, 1351 mixed motive, 2271 translations and translators cap, 1353–54 office of special counsel, 2263–67 asylum requirements, 922–23, 980–81 certifying agency, 1352–53 outsourcing, 2274 documentary forms of, 697 certifying official, 1352–53 pattern-or practice-cases, 2264–65 foreign documents, 686 change of status, 1357 penalties, 2270–71 right to, 275, 694–96 continuance of removal proceeding, private action, 2266 self-translations, 697 594–95 procedures, filing, 2263–67 special immigrant status, translators continued presence, 1357 protected individuals, 2255–56 for U.S. military, 23, 1558–58 crimes covered, 1350–51 reduction in force, defense, 2274 transporting/harboring or bring- defined, 1350–52 relief, 2270–71 retaliation claims, 2257–58 ing/encouraging aliens, 424–29 disclosure of information, 1355 duration of status, 1354 scope, 2255–56 travel eligible for, 1350–52 sovereign immunity, see Sovereign advance parole, see Advance parole employment authorized, 1354, 1360 immunity asylees/refugees, 945, 1014–15, 1053, extension of status, 1357 statute of limitations, 2273 1062 family members, 1355, 1359–60 time limitations, 2263–64 extension of stay pending, 1093 inadmissibility, 1356 Fleuti doctrine, 75–78 NTA issued, 1356 unfair labor practices H-1 and L-1 visa holders with pend- petitioning, 1352–53 challenge to NTA based on unfair la- ing AOS, 1196, 1297 procedures, 1352–53 bor practice, 579 inspection databases and programs, removal of U visaholders suppression of evidence in removal see Security checks proceedings, 1356–57 proceeding, 487–88 passports, see Passports; Security requirements for arrest, 509 United Kingdom checks revocation of petition/status, 1356 removal proceedings, travel during, unlawful presence, not accrued, 160, visas for UK subjects living in Baha- 1498 1354 mas, Cayman, or Turks and Cai- by TPS grantees, see Temporary pro- victim defined, 1351 cos, 1109 tected status waiting list, 1353–54 United Nations Travel Act violations waiver, 224, 1356 Conventions (see also Asylees and aggravated felony, 315 refugees) unaccompanied children drug crime, 315 CAT, see Convention Against Tor- asylum, 704, 865, 936–38, 1555 ture travel bans detention, 522–28 Relating to Status of Refugees, judicial review, 2090 removal proceedings, 564, 701–04 775–77 presidential orders, 214–19, 1102 special immigration juveniles, 1550– Rights of Child, Sale of Children, Secretary of State and AG authority to 58 Child Prostitution, Child Por- ban entry, 219–20 statements of (I-213), 676 nography, 935–38 treaty transfers of prisoners, 461–62 unauthorized employment, see Em- Against Transnational Organized treaty visas ployer sanctions; Employment au- Crime, 777, 1029–30, 1342 bilateral investment treaties, see E-1 thorization High Comm’r for Refugees (UNHCR) & E-2 visas detention standards, 939 free trade agreements, see E-3 visas unauthorized practice of law (UPL), Handbook, 775–76, 1063 (Australian Special Occupation); 652–53 Human Rights Committee, 776 H-1B1 visas (Chile/Singapore immunity from suit, 2165 FTA); TN visas; USMCA (U.S.- refugee processing, 909–12 Mexico-Canada FTA) unfair immigration-related employ- ment practices, 2255–56 representatives in transit, see G visas TRIP Program, see Security checks attorneys’ fees, see Attorneys’ fees United States truck driving burden of proof, 2271–73 false claim to citizenship, see Natural- commercial, 1119 collateral estoppel, 2274 ization and citizenship Trusted Traveler program, see Secu- constitutional issues, 2274 as proper defendant, 2035, 2133–34 rity checks coverage, 2255–56 U.S. workers defined debarment, 2271 Tucker Act, see Litigation employment creation, 1571–74 defenses, 2273–74 labor certification, 1609 tuition, in-state, 1125 discriminate, defined, 2257 2653 unlawful presence KURZBAN’S IMMIGRATION LAW SOURCEBOOK, 17TH ED. unlawful presence U.S. Customs and Border Protection evidentiary issues, 688, 1371, 1416, AAO appeal does not stay, 161, 1853 (CBP), see Customs and Border 1448, 1768 adjustment of status, 157–58 Protection EWI bar waived, 170, 1372 advance parole, 159 fraud waiver, 229–32 aggregate, not counted, 155 USA PATRIOT Act, 14–15 judicial review, 1373 asylum, 158 affidavit of support, 109 NACARA, 1368 battered spouses/children and asylum, mandatory denial, 852 naturalization, 1373, 2292 VAWA, 160, 1371–72 detention, mandatory, 256, 550–54, 759 permanent residency, petition for, Canadians, 157 money laundering, 235 1368–73, 1412, 1426, 1448 cancellation of removal, 159 terrorism issues, 191, 209, 281 (see removal hearing closed, 630, 1401 change of status, 156, 160–61 also Terrorists and terrorism) removal of, requirements for arrest, 509 conditional residence, 157 reopen, motion to, 1372–73, 1884 consulate investigation, 161 USMCA (U.S.-Mexico-Canada Free revocation, 1372 DED, 158 Trade Agreement) (formerly self-petition, 22–23, 1368–73, 1412, deferred action, 158 NAFTA), 1103–08 1426, 1433, 1448 defined, 155–59 implementation act, 34 suspension of deportation, 1769–70, duration of status on I-94, 156–57 L petitions, 1104–05 1784 embassy questioning, 161 TN visas, see TN visas unlawful presence and 3/10 bar, 160, EWI, see Entry without inspection visitors for business, 1104 1371–72 exceptions, 159–60 visa waiver program, 1113, 1372, 1473 extension of status, 156, 160–61 US-VISIT (now OBIM), see Security waivers, 94, 152–53, 160, 168, 170, family unity, 159 checks 229–32, 300, 1372, 1397, 1415, 1767–68 federal court litigation, 157 Utah grounds of inadmissibility, 154–68 legislation affecting immigration, 54 venue HRIFA, 158 adjustment, 1444–45, 1490 legalization, 157 V appeal circuit court, 701, 1902, 1939– minors, 159 42, 2039–40, 2093–94 NACARA, 158 V visas, 1334–35 asylum, 922–23, 945 nonimmigrants, 156 adjustment, 1334 bond, 253–54, 520 one year and seek reentry, 168–70 admission, 1335 change of, 584–85 overstays, 1082 aged out, 1334, 1427 district court, 1939–42, 2039–40 parole, 159 Canadians, 1102 mandamus, 1953 removal proceedings, 157 children, 1334 removal (deportation), 556, 584–85 reopen, motion to, 160 employment, 1335, 2239 removal (inadmissible), 271 stay of removal, 158 inadmissibility issues, 1334 verification of employment, see Em- supervision, order of, 158 procedure, 1335 ployer sanctions suspension of deportation, 159 spouse, 1334 temporary residents, 157 termination, 1335 veterans, see Military service three- and ten-year bars, 154–55 travel, 1335, 1492 VIBE (Validation Instrument for advance parole, 159, 1493 unlawful presence, 1334 Business Enterprises), 1100 differences between 3/10 year bar, vacatur, 377–79, 396–97 Victims of Trafficking and Violence 154–55 as basis to reopen, 377 Protection Act of 2000, see His- ten-year bar (INA burden of proof, 377–79, 683 §212(a)(9)(B)(i)(II)), 154–55 Pickering, 378–79, 689 tory of immigration laws three-year bar (INA reason to believe charge sustained, §212(a)(9)(B)(i)(I)), 154–55 video hearings and testimony, see 380–81 Telephonic and video technology waiver, 161–68 of sentence, 379, 396–97 Vienna Convention on Consular Rela- time not aggregated, 155 vaccinations, 94–95 tolling, 160–61 tions, 488, 734–36, 763, 2161, 2165 TPS, 158 Vaughn index, see Freedom of Infor- unlawful status distinguished, 156 mation Act Vietnam adjustment, 13, 1439 voluntary departure, 156 Violence Against Women Act VWP satisfactory departure, 158 VAWA petitioners, 1368–73 (VAWA), see History of immigra- waivers, see Waivers adjustment of status, 1372, 1465 tion laws; VAWA petitioners withholding of removal, 158 administrative review, 1373 unpaid leave affidavit of support not needed, 109 Violent Crime Control & Law Enf. benching, 1198–99 age out, 1369–70, 1433 Act of 1994, 7 employment rights, 2251–52 arrest, 1372 bar to petition for abuser, 1371 Virgin Islands, British H-1B, 1190 visa waiver, 1109 maintenance of status, 1097 bars under §245(c) not applicable, 1372 visa interviews, see Consular processing, U.S. Attorney cancellation of removal, 1767–69 subhead: nonimmigrant visas plea bargain binding INS, 443–44 confidentiality, 1371 visa waiver program (VWP), 1110–15 U.S. Citizenship and Immigration Cuban Adjustment Act, 13, 1057 adjustment, 1112–13, 1473 Services (USCIS) deferred action, 1371 asylum, 245, 522, 1113–14 (see also specific policies and pro- divorce, 1368–69 bond if detained, 942, 1114 grams) domestic violence waiver, 300 change of status, ineligible, 1095, 1112 Policy Manual (table), 2435 employment authorization, 1320, constitutionality questioned, 1114 Policy Memos (table), 2438 1321, 1323–24, 1371, 2240 ESTA, see Security checks

2654 SUBJECT MATTER INDEX waivers

extension of status, ineligible, 1112 extended VD, 778, 896–97 EWI, 170 machine readable passports, 15, 1112 extension from DD after grant by IJ, exchange students (§212(e)), 224, Northern Mariana Islands, see North- 1739 1095, 1155–58, 1469 ern Mariana Islands (CNMI) failure to appear for, 1719–20 exclusion, previous, 152–54 overstays, 1112 failure to depart, 1736–38 federal jurisdiction, 1992–97, 2036–37 VAWA and VWP, 1113, 1372, 1473 good moral character, 1728–31 fee, 233 voluntary departure extension, 1112, hearsay evidence, 1739 foreign physician, 224, 1095, 1158– 1734 not required at master calendar, 1735 61, 1226 waiver of rights, 1113 required at removal hearing conclu- forms for waivers, 232 sion, 1735 fraud, generally, 182, 229–32, 1415– 16, 1788–91 visas inadmissible persons now eligible, (see also Consular processing; Immi- fraudulent marriage, 1415–16, 1788– 272, 275, 1735 91 grant visas; Nonimmigrants; spe- ineligibility for, 1734 cific visas and specific issues) judicial review, see Judicial review health related, 92–98, 224 annotating visas, 1110 master calendar, 1735 appeal, 98 cancellation by DHS, 252, 747 notice, 1735 burden of proof, 98 cancellation under INA §222(g), prehearing VD, 1734–35 humanitarian, 223–24 1082–84 procedural issues, 1739–41 I-193, 223 chargeability, 1422 reinstatement on appeal I-212, 152–54 classification symbols, 2371–76 administratively by BIA, 1739–40, I-601, 220, 1805–6 (see also specific (Apdx. 9) 1829–30 waiver provisions) continuance for petition pending, federal court, 1741–42 expedite request, 220 591–93 removal proceeding, 1734–35 I-601A, 164–68 denial, 233, 1077–78 reopened proceedings, 1737 I-602 form, 95, 911 disclosure of records, 1086 stay in federal court, 1741–42, 2092– IIRIRA changes, 9 electronic filing, 1086 93 INA sections exempt from, 1102–15 stipulation to, 1735 §209(c), 95, 221, 1060, 1788, 1805 extension automatic, 1109–10 termination upon filing petition for re- §212(c), see INA §212(c) notice of denial, right to, 233, 1077–78 view, 1737–38, 1741–42, 2092–93 §212(d)(1), 221 petition returned to USCIS, 1086 termination upon motion to reopen, §212(d)(3), 221–23, 852, 1073 priority dates, see Priority dates 1737 §212(d)(4), 223 reissuance, 1086 three- and ten-year bar, 1741 §212(d)(11), 172, 223–24 revalidation, 1086, 1109–10 VAWA self-petitioners, 1738 §212(d)(12), 173, 204 revocation, 1084–85, 1937, 2065 visa revocation, 1082 §212(d)(13), 204 validity, 1074, 1082 visa waiver program, 1112, 1734 §212(d)(14), 204 vetting, enhanced, 1080 withdrawal of relief, 1719–20 §212(e), 224, 1072, 1095, 1155–58 waiver, 249 voting unlawfully §212(g), 13, 94, 95, 204, 278, 1060, 1327, 1372, 1803–06 Visas Condor / Donkey / Mantis / criminal offense, 439, 2340 §212(h), 5, 7, 9, 76, 147, 150, 224– deportability, 283–84 Shark, see Security checks 29, 1729, 1787, 1791–92, inadmissibility, 186–87 visitors, see B-1 visas; B-2 visas 1803–06, 1804–05, 1907, 1908 vocational students, see M visas §212(i), 182, 186, 229–32, 465–66, W 1349, 1462, 1490, 1787, 1803– VOICE (Victims of Immigration 06, 1804–05 Crime Engagement), see Immi- wage loss measure for aliens, 2252–53 §212(k), 182, 232, 1490, 1805 gration and Customs Enforcement §213, 232, 1805 void for vagueness, 2124–25 waivers §237(a)(1)(E), 280, 1791 §274C final order, 173, 224 §237(a)(1)(H), 182, 1394, 1401, voluntary departure (VD), 1734–42 appeals, see BIA review; Federal ju- 1415–16, 1788–91 §222(g) of INA, 1082 risdiction §237(a)(7), 13, 300 administrative, 1734 asylees, 95, 221, 911, 1062–63 §240A, 150, 220, 1742–51 administrative review, 1739–41, battered spouses/children, see VAWA international law basis, 579 1829–30 petitioners issue not raised before IJ, 1841–42 aggravated felony, 1734, 1735 cancellation of removal judicial review, see Judicial review bar to, 1734 immigrants, 220, 1742–60, 1804 lack of documentation, 182, 223, 232 BIA standard, 1739–40 non-LPRs, 1760–67 marijuana convictions, 5, 150, 224– bond requirement, 1734, 1736, 1738 communicable disease, 94, 224 29, 293 changes to, 1738–39 Communist Party, 211 mental disorder, 97, 224 children, 704 concurrent, 1804 misrepresentations, material, 182, civil penalties, 1736–37 consular officer’s criteria, 233 229–32, 1788–91 conditions for, 1738 crimes, 150, 221–23, 224–29, 1742– multiple grants, 1788–91, 1804 denial of relief, 1737 85, 1804–05 nonimmigrants generally, 221–23, detention pending departure, 1738 denial, right to notice of, 233 1073 effective date of changes, 1739 deportation, 152–54, 1788–91 notice of denial, 233 employment authorization not permit- domestic violence, 300 nunc pro tunc grants, 275, 1791–92, ted, 2242 drug abuse, no waiver, 98 1803 exhaustion of administrative reme- drug conviction, 150, 224 passport or NIV missing, 223 dies, 1741 previous deportation, 152–54 permanent bar, 170 expiration of VD, 1737 emergency, 223 2655 waivers, cont’d KURZBAN’S IMMIGRATION LAW SOURCEBOOK, 17TH ED.

permanent upon grant to LPRs, 229, whistleblowing as grounds for asy- particularly serious crime, 739, 870–73 1804 lum, 805, 1030–31 past persecution as basis for, 837, petty offense, 121–22 869–70 physical disorder, 97, 224 widows and widowers persecution against others, bar to prior deportation, exclusion or re- petition by immediate relatives, 1367– withholding, 870 moval, 152–54 68, 1442–44, 1455 prohibitions to withholding (discre- procedures, see specific waiver willful blindness / willful ignorance tionary), 870–77 prostitution, 224–29 CAT claims, see Convention Against prohibitions to withholding (manda- provisional unlawful presence waiv- Torture (CAT) tory), 878 ers, 164–68 employer sanctions, see Employer protective order violation as a basis to public charge, 18, 98–116, 221, 232 sanctions deny relief, 1720 reapply after deportation, exclusion or misrepresentations on form as ground reasonable-fear determination, 928–29 removal, 152–54 of inadmissibility, 178–80 regulation proposed June 2020, 913 refugees, 95, 221, 911, 1060 willful violators of H-1B/LCA, 1196, reopen, motion to, 1033, 1871–79 removal, previous, 152–54 1219–21 in absentia orders, 1879 S visas, 221 revocation, 927, 1054–55 simultaneous, 1788–91, 1804 withdrawal of admission, 251–52, 275 security ground as prohibition, 876–77 smuggling, 172, 223–24, 1791 withdrawal of applications/petitions serious nonpolitical crime, 875–76 stacking, 1788–91, 1804 admission application, 251–52 standard of proof, 931–32, 946–47 suspension, 1781–84 asylum application, 922–23 U.N. Convention & Protocol, 775, 869 T visas, 224, 1345 immigrant visa petition, 1446 temporary entry, 170 witnesses ten-year bar, 161–68 (see also S visas; T visas; U visas) terrorism, 200–201, 205–09, 222 withholding of removal, 869–79, departure during criminal proceeding, three-year bar, 161–68 929–36, 945–1032 444–45 totalitarian membership, 211, 221 (see also Asylees and refugees; Con- experts, 665–66 travel documents, 182, 223, 232 vention Against Torture) located abroad, securing for trial, 445 tuberculosis, 94, 224, 1804 aggravated felony, 739, 866 prosecutorial discretion, see Prosecu- TWOV, 223 alternate theories for claim, 1004 torial discretion two-year foreign residency req’t, see asylum distinguished, 930–33 work authorization, see Employment Foreign-residency requirement asylum officer, 917–18, 925, 928–29 authorization U visa, 224, 1356 bar to, 870–77 U.N. Headquarters agreement, 220 bond, 257, 521–22, 942 workers’ compensation laws unlawful presence, 161–68, 170 burden of proof, 962 undocumented workers protection, provisional unlawful presence waiv- CAT distinguished, 930–33 2244–55 ers, 164–68 corroboration, 20, 888–89, 931, 949– writs

vaccinations, 94–95, 224 waivers, cont’d 70 All Writs Act, 396, 1085, 1895, 1908, credibility, 893, 970–1005 1909–10, 1932, 1950–51, 1978, warrants derivative status not available, 931– 1985, 2013, 2088, 2101 administrative, 2208–09 32, 939, 1009–10, 1053 of audita querela, 396 attorney’s files, 500 difference with CAT, 931–33 of error coram nobis, 395–96 search without, 500–501, 2209 disqualification for, 870–77 of habeas corpus, 761, 1931–47 standard, 499 effective dates, 879 wrongful termination of employee, validity, 499–500 employment authorization, 2239 well-founded fear, defined, 778, 846– evidence, type for claim, 948, 1005– 579, 1309, 2252 48 32 Y Western Hemisphere priority dates, judicial review see Priority dates (see also Judicial review) Yemenis Western Hemisphere Travel Initia- standard of review, 1038 temporary protected status, 906 substantial evidence, 1038–49 tive (WHTI), 1090–91, 1102–03, 1108–09, 2317–18 nonpolitical crime, 875–76

2656