RESEARCH GUIDE TO UNITED STATES IMMIGRATION LAW
This research guide is intended to assist students, attorneys and those who are interested in researching issues and areas of United States immigration law. This guide will cover areas of immigration law as follows: A. B. C. D. E. F. A. Immigration Related Federal Agencies; Review of Administrative Immigration Decisions; Sources of Federal Statutes; United States Visa Categories; Immigration Law Related Publications; and United States Immigration Forms
IMMIGRATION RELATED FEDERAL AGENCIES:
Prior to March 1, 2003, enforcement of United States Immigration Law was performed by the Immigration and Naturalization Service (INS). On November 25, 2002, President Bush signed into law the Homeland Security Act of 2002. This law created the Department of Homeland Security (DHS). Within the DHS, the Bureaus of the United States Citizenship and Immigration Services (USCIS), Immigration and Customs Enforcement (ICE), Border and Transportation Security Directorate (BTS), Customs and Border Protection (CBP) were also created. For more information, about the restructuring of the INS into the DHS and its related Bureaus, please refer to http://uscis.gov/graphics/othergov/roadmap.htm 1. Department of Homeland Security (DHS): The DHS was established to reorganize and unify various departments into one governmental institution for the vast national network of organizations and institutions for the purpose of providing security to the United States. For more information regarding the DHS, please refer to: http://dhs.gov Along with the newly formed DHS, the following bureaus and agencies were created: a. Bureau of United States Citizenship and Immigration Services (USCIS). This Bureau is also known as the Bureau of Citizenship and Immigration Services (BCIS) and Citizen and Immigration Services (CIS): The USCIS has taken over many functions that were performed under the abolished INS. The USCIS is responsible for the administration of immigration and naturalization adjudications and establishing immigration services policies and priorities. The USCIS website mentions several immigration related functions including: 1. 2. 3. 4. 5. Adjudication of immigrant visa petitions; Adjudication of naturalization petitions; Adjudication of asylum and refugee applications; Adjudications performed at the service centers, and All other adjudications performed by the INS. http://uscis.gov
For more information about the BCIS, please refer to:
b. Bureau of Immigration and Customs Enforcement (BICE): BICE supports the government’s aim of providing security to the nation’s interior enforcement, along with air, land and sea borders. In regard to interior enforcement, this Bureau is responsible for location and deportation of illegal aliens, unauthorized employment and smuggling of illegal aliens. This Bureau also seeks to prevent acts of terrorism by investigating activities related to terrorism. The BICE also seeks to identify vulnerable areas of the nation’s border, economy, transportation and infrastructure. For more information about BICE, please refer to: www.ice.gov
c. Bureau of Customs and Border Protection (BCBP): Under the reorganization of U.S. immigration, BCBP enforces the U.S. borders and performs customs work, inspection of those seeking entry into the United States, along with inspection of all imports and exports of goods. For more information about BCBP, please refer to: http://www.cbp.gov/ B. REVIEW OF ADMINSTRATIVE IMMIGRATION DECISIONS: 1. Executive Office for Immigration Review: Court review on immigration related matters begins with jurisdiction conferred to the Executive Office for Immigration Review (EOIR). The EOIR judicial roles include adjudication of immigration cases in areas such as detained aliens, criminal aliens, and aliens seeking asylum as a form of relief from removal. For more information regarding the EOIR, please see: www.usdoj.gov/eoir/ 2. Board of Immigration Appeals: The Board of Immigration Appeals (BIA) is the highest administrative body for interpreting and applying immigration laws. The BIA has been given nationwide jurisdiction to hear appeals from certain decisions rendered by Immigration Judges of the EOIR and by District Directors of the Department of Homeland Security (DHS) in a wide variety of proceedings in which the Government of the United States is one party and the other party is either an alien, a citizen, or a business firm. In addition, the BIA is responsible for the recognition of organizations and accreditation of representatives requesting permission to practice before DHS, the Immigration Courts, and the Board. Decisions of the BIA are binding on all DHS officers and Immigration Judges unless modified or overruled by the Attorney General or a Federal court. All BIA decisions are subject to judicial review in the Federal courts. The majority of appeals reaching the BIA involve orders of removal and applications for relief from removal. Other cases before the BIA include the exclusion of aliens applying for admission to the United States, petitions to classify the status of alien relatives for the issuance of preference immigrant visas, fines imposed upon carriers for the violation of immigration laws, and motions for reopening and reconsideration of decisions previously rendered. For more information regarding the BIA, please refer to: www.usdoj.gov/eoir/orginfo.htm. Judicial review of decisions of the BIA then will go to a Federal District Court for adjudication. For more information about the United States Federal Court system, please refer to: http://www.uscourts.gov/
C.
FEDERAL STATUTES AND REGULATIONS
Statutes are found in each of three sources: United States Code (USC), United States Code Annotated (USCA), and United States Code Service (USCS). In regard all of these services, “Title 8” under the name of “Aliens and Nationality” covers immigration related statutes. Adopted regulations are in the Code of Federal Regulations (CFR). As with the Federal Statutes, the source for immigration related issues are found under “Title 8” under the name of “Aliens and Nationality.” Proposed and adopted regulations are in the Federal Register. Adopted regulations appear first in this source and then in the CFR.
D.
UNITED STATES VISA CATEGORIES: Visa Category A B C DT E F H Non-Immigrant Population Foreign Government Official Visitors for Business (B-1) and Pleasure (B-2) Transit Aliens Paroled Aliens Treaty Traders and Investors Foreign Students (F-1), Spouses (F-2) and Children (F-3) Temporary Workers: Specialty Workers (H-1B), Nonagricultural (H-2B) and Agricultural Worker (H-2A) International Agencies Foreign Press Fiance(e)s of U.S. Citizens Intra-Company Transfers (L-1), Spouses (L-2) and Children (L-3) NATO Officials Extraordinary Ability Workers Athletes and Entertainers Cultural Exchange Visitors Religious Workers
G I K L N O P Q R
T
Victims of Trafficking, Spouses and Children
TN U E.
NAFTA Workers, Spouses and Children Victims of Criminal Activity, Spouses and Children
IMMIGRATION LAW RELATED PUBLICATIONS:
Sources listed below are organized as follows: 1. Reference or Loose-Leaf Services; 2. Handbooks, Manuals, and Guides; 3. Treatises; and 4. Periodicals 1. Reference or Loose-Leaf Services:
Bender's Immigration and Nationality Act Service. New York: M. Bender, c1999- 1 v. (Loose-leaf supplementation) KF4819/G6255 Hing, Bill Ong. Immigration and the Law: a Dictionary. Santa Barbara, Calif.: ABC-CLIO, c1999. KF4817/H56/1999 Federal Immigration Laws, Regulations & Forms. St Paul, Minn.: West Publishing Co., 1988KF4805.99/F33 Gordon, Charles, and Harry N. Rosenfield, Immigration Law and Procedure. KF4815/ G6[Looseleaf] Graham, Hugh Davis, Collision Course: The Strange Convergence of Affirmative Action and Immigration Policy in America. JV6483/T494 Kurzban, Ira J., Immigration Law and Procedure Reporter KF4819.3/K87/2002 Kurzban, Ira J. Kurzban's Immigration Law Sourcebook: a Comprehensive Outline and Reference Tool. 8th ed. Washington, D.C.: American Immigration Law Foundation, c2002. KF4819.3/K87/2002 LeMay, Michael, and Elliot Robert Barkan, eds., U.S. Immigration and Naturalization Laws and Issues: A Documentary History. KF4818/I85/1999 Martin, David A. Asylum Case Law Sourcebook: Master Index and Case Abstracts for U.S. Court Decisions. 4th ed. St. Paul, Minn: Thomson/West Group, 2003. KF/4836/A53/M37/2003 McWhirter, Robert James, The Criminal Lawyer's Guide to Immigration Law: Questions and Answers. KF4819/M39/2001 Patel, P. J. Patel's Citations of Administrative Decisions under Immigration and Nationality Laws. New York: Legal Research Bureau, c1982- (Annual). KF4812.5/P37 Statistical Yearbook of the Immigration and Naturalization Service. Washington, D.C.: U.S. Department of Justice, Immigration and Naturalization Service. (Annual) Continued by Yearbook of Immigration Statistics, infra. Microforms Collection, West. J21.2:St/2/965-981 and J 21.2/10:982-996
Tichenor, Daniel J., Dividing Lines: The Politics of Immigration Control in America. JV6483/T494/2002 West Group, U.S. Citizenship and Naturalization Handbook. KF4710/Z9/N38/2000 West Group, Federal Immigration Laws, Regulations, and Forms. KF4805/99/U54/2004 Yearbook of Immigration Statistics [electronic resource] Washington, D.C.: U.S. Department of Homeland Security, Office of Immigration Services, 2002- Annual Continues Statistical Yearbook of the Immigration and Naturalization Service, supra. http://purl.access.gpo.gov/GPO/LPS40400 See also the Yearbook page of the U.S. Citizenship and Immigration Services, Office of Immigration Statistics: http://uscis.gov/graphics/shared/statistics/yearbook/index.htm
II. Handbooks, Manuals, and Guides AILA's Family Immigration Law Handbook. Editor-in-chief, Lenni B. Benson. associate editors, Janet B. Beck ... [et al.]; managing editor, Amy R. Novick. Washington, DC : American Immigration Lawyers Association, 1994. KF/4819.3/A352/1994 Fragomen, Austin T. Jr. and Steven C. Bell. Immigration Employment Compliance Handbook. [New York]: Clark Boardman Co., c1987-(Annual). KF/4829/Z9/I43 Fragomen, Austin T and Steven C. Bell. Immigration Fundamentals: A Guide to Law and Practice. 4th ed. New York: Practising Law Institute, c1996. 1 v. (Loose-leaf supplementation). KF/4819/F72/1996 Germain, Regina. AILA's Asylum Primer : a Practical Guide to U.S. Asylum Law and Procedure. 3rd ed. Washington, DC : American Immigration Lawyers Association, 2003. KF/4836/Z9/G47/2003 H-1B handbook. Deerfield, IL: Clark Boardman Callaghan, c1995- (Annual). KF/4829/H17 Hing, Bill Ong. Handling Immigration Cases. 2nd ed. New York : Wiley Law Publications, c1995- 2 v. (Updated by annual pocket parts.). KF/4819/H56/1995 Immigration & Nationality Law Handbook. New York: American Immigration Lawyers Association, 1991- 2 v. (Annual). KF/4819/A2/I47 The Immigration Act of 1990 Handbook: The Complete Practice Guide to the 1990 Act. New York, NY: C. Boardman, c1991-c1998. (Annual) Holdings: 1991-1999/2000 ed. Continued by: Immigration Act of 1990 Today, infra. KF/4806.57/S55 The Immigration Act of 1990 Today: Current State of the 1990 Changes in Immigration and Nationality Law. St. Paul, MN : West Group, c2000- (Annual) Holdings: 2000/2001Continues Immigration Act of 1990 Handbook, supra. KF/4806.57/S55 Immigration Legislation Handbook. Deerfield, Ill.; New York, NY : Clark, Boardman, Callaghan, c1997-(Annual) Library has 1996 - 2003. K/4802/I485
Jasper, Margaret C. The Law of Immigration. 2nd ed. Dobbs Ferry, N.Y.: Oceana Publications, 2000. (Oceana's Legal Almanac Series: Law for the Layperson.). KF/4819.6/J37/2000 A Legal Guide for INS Detainees: Actions Brought Against INS or Other Law Enforcement Officials for Personal Injury or Property Damage or Loss. Washington, D.C.: American Bar Association, Commission on Immigration Policy, Practice and Pro Bono, 2002. 1 v. (various pagings ). KF/4819/L43/2002 A Legal Guide for INS Detainees: How to Complain Effectively Step by Step. Washington, D.C.: American Bar Association, Commission on Immigration Policy, Practice and Pro Bono, 2002. 1 v. (various pagings). KF/4819/L432/2002 A Legal Guide for INS Detainees: Petitioning for Release from Indefinite Detention. Washington, D.C.: American Bar Association, Commission on Immigration Policy, Practice and Pro Bono, 2002. 1 v. (various pagings). KF/4819/L433/2002 Mailman, Stanley. Immigration Law and Procedure: Desk Edition. New York, N.Y.: LEXIS Publishing, 1996- (Loose-leaf supplementation ). KF/4819/G623 McWhirter, Robert James. The Criminal Lawyer's Guide to Immigration Law: Questions and Answers. Chicago, Ill.: Criminal Justice Section, American Bar Association, c2001. KF/4819/M39/2001 McWhirter, Robert James. The Criminal Lawyer's Guide to Immigration Law: Questions and Answers: 2002 Supplement - USA PATRIOT Act. Chicago, IL: Criminal Justice Section, American Bar Association, 2003. KF/4819/M391/2003 The Visa Processing Guide: Process and Procedures at U.S. Consulates and Embassies. Washington, D.C.: American Immigration Lawyers Association, 2004. 612 p. KF/4827/V57/20042005 Weissbrodt, David S. Immigration Law and Procedure in a Nutshell. 4th ed. St. Paul, Minn.: West Group, 1998. KF/4819.3/W44/1998 III. Treatises Anker, Deborah E and Paul T. Lufkin. The Law of Asylum in the United States. 3rd ed. Boston, MA: Refugee Law Center, c1999. KF/4836/A96/1999 Divine, Robert C. Immigration Practice. Charlottesville, Va: Michie Co., c1997- (Annual). KF/4819/D58 Gordon, Charles and Stanley Mailman. Immigration Law and Procedure. Rev. ed. New York, N.Y.: Bender, 1988- 20 v. (Loose-leaf supplementation). KF4819 G625 Immigration Law and Defense. The Immigration Project of the National Lawyers Guild. 3rd ed. New York, N.Y.: C. Boardman, c1988- 2 v. (Loose-leaf supplementation). KF/8925/E4/I46/1988 Lynch, James P. and Simon, Rita J. Immigration the World Over: Statutes, Policies, and Practices. Lanham, MD: Rowan & Littlefield, 2003. K/3275/L96/2003 Ngai, Mae M. Impossible Subjects: Illegal Aliens and the Making of Modern America. Princeton, NJ: Princeton University Press, 2004. KF/4800/N485/2004
Symposium: Law and the Border. Los Angeles, CA: UCLA School of Law, 2003. (Issued in UCLA Law Review, v. 51, no. 1, Oct. 2003.). KF/4848/M48/S97/2003 IV. Periodicals The following is a selected list of active periodicals on the topic of immigration law. Unless otherwise indicated, all titles are available in the Law Library Periodicals Collection. Bender's Immigration Bulletin. Part of Immigration Law and Procedure, supra. KF/4819/G625 Georgetown Immigration Law Journal. Washington, D.C. : Georgetown University Law Center, 1985- v. 1, no. 1, (Fall 1985 to date). Immigration and Nationality Law Review. Buffalo, W.S. Hein & Co., 1976- v. 1 (1976 to date) (Also available through Hein Online.). Immigration Briefings. [Washington, D.C.]: Federal Publications, 1988- No. 88-1 (Jan. 1988 to date). Immigration Business News & Comment. [St. Paul, Minn.]: West Group, 1999- v. 1, no. 1 (Sept. 1, 1999 to date). Immigration Law Advisory. Rochester, NY: Lawyers Cooperative Pub. Co.; Bancroft Whitney Pub. Co., 1985- No. 1 (Jan. 1985 to date). KF/4815/I47/Newsletter Immigration Litigation Bulletin. Washington, D.C.: U.S. Dept. of Justice, 1997 Issues available online: v. 7, no. 1 (January 31, 2003 to date). Interpreter Releases: Report and Analysis Of Immigration and Nationality Law. Washington, D.C.: Federal Publications. Holdings: v. 66, no. 1 (January 1989 to date). Selected Fundamentals of Immigration Law and Practice. Washington, D.C.: American Immigration Lawyers Association. (1996 to date). KF/4819/S45/ Siskind's Immigration Bulletin. www.visalaw.com/bulletin.htm
General Search Indexes and Online Search Databases To find immigration related topics of interest, you can search the following: a. b. General Indexes: Index to Legal Periodicals (and Books) Online Databases: 1. Hein Online www.Hein.com 2. WESTLAW www.lawschool.westlaw.com 3. LexisNexis www.lawschool.lexis.com
To see other Online Search Databases, please refer to: www.tourolaw.edu/library/ Immigration Forms: Below is a list of Immigration Forms listed by the Form Number and Title of the Form. Note that each form contains a location of where it should be filed, a possible filing fee and whether it can be filed electronically. See www.uscis.gov/graphics/formsfee/forms/ and www.wave.net/upg/immigration/form.html for more information and locations where Immigration forms can be downloaded. Form Number AR-11 AR-11SR EOIR-26 Title Change of Address Change of Address – Special Registration Notice of Appeal to the Board of Immigration Appeals of Decision of Immigration Judge Notice of Entry of Appearance as Attorney or Representative Before the Office of the Immigration Judge Executive Office for Immigration review Fingerprint Card Information Form Notice of Entry of Appearance as Attorney or Representative Biographic Information Biographic Information Biographic Information Biographic Information Freedom of Information/Privacy Act Request (FOIA) Inquiry about Status of I-551 Alien Registration Card Verification Request (Non-SAVE agencies) Verification Request (SAVE agencies) Application Survey (for Immigration-Related Employment) H-1B Specialty Occupation Data Collection Employment Eligibility Verification
EOIR-28
FD-258 G-14 G-28 G-325 G-325A G-325B G-325C G-639 G-731 G-845 G-845S G-942 G-1020 I-9
I-17 I-20AB I-20MN
Petition for Approval of School for Attendance by Nonimmigrant Students Certificate for Eligibility for Nonimmigrant (F-1) Student Status Certificate of Eligibility for Nonimmigrant (M-1) Student Status for Vocational Students Canadian Border Boat Landing Permit Application for Replace Permanent Resident Arrival-Departure Record Nonimmigrant Visa Waiver Arrival-Departure Record Application for Replacement/Initial Nonimmigrant Arrival/Departure Petition for a Nonimmigrant Worker Petition for Alien Fiance(e) Nonimmigrant Petition Based on Blanket L Petition Petition for Alien Relative Application for Travel Document Affidavit of Support Immigrant Petition for Alien Worker Application for Nonresident Alien’s Canadian Border Crossing Card Memorandum of Creation of Record of Lawful Permanent Residence Application for Nonresident Alien’s Mexican Border Crossing Card Application for Permission to Return to an Unrelinguished Domicile Application for Advanced Permission to Enter as Nonimmigrant Application for Waiver of Passport and/or Visa Application for Permission to Reapply for Admission into the U.S. After Deportation or Removal Record of Deportable Alien Application for Removal
I-68 I-90 I-94 I-94W I-102 I-129 I-129F I-129S I-130 I-131 I-134 I-140 I-175 I-181 I-190 I-191 I-192 I-193 I-212
I-213 I-243
I-246 I-256A I-290B I-352 I-360 I-361 I-365
Application for Stay of Deportation Application for Suspension of Deportation Notice of Appeal to the Administrative Appeals Unit (AAU) Immigration Bond Petition for Amerasian, Widow(er), or Special Immigrant Affidavit of Financial Support and Intent to Petition for Legal Custody Notice of Completion of Preliminary Processing of Petition For Public Law 97-359 Amerasian Notice of Immigration Bond Cancelled Affidavit in Lieu of Lost Receipt of United States INS for Collateral Accepted as Security Application to Pay Off or Discharge Alien Crew Passenger List – Crew List Application to Register Permanent Residence or to Adjust Status Supplement A to Form I-485 Form I-485 Instructions for NACARA Instructions to Supplement C to Form I-485 (HRIFA) Waiver of Rights, Privileges, Exemptions and Immunities (Under Section 247(b) of the INA) Authorization of Parole of Alien into the United States Notice of Student or Exchange Visitor (Admitted without I-20 or IAP-66) Immigrant Petition by Alien Entrepreneur Certification by Designated School Official Application to Extend/Change Nonimmigrant Status Filing Instructions for V Nonimmigrant Status Interagency Record of Request – A, G or NATO Dependent Employment Authorization or Change/Adjustment to/from A,G or NATO status Application for Asylum
I-391 I-395
I-408 I-418 I-485 I-485 (Supp. A) I-485 (Supp. B) I-485 (Supp. C) I-508
I-512 I-515 I-526 I-538 I-539 I-539 (Supp. A) I-566
I-589
I-590 I-591
Registration for Classification as Refugee (Section 297) Assurance b a United States Sponsor on Behalf of an Applicant for Refugee Status Petition to Classify Orphan as an Immediate Relative Application for Advance Processing of Orphan Petition Application of Waiver of Grounds of Excludability Application by Refuge for Waiver of Grounds of Excludability Application for Waiver of the Foreign Residence Requirement Health and Human Services Statistical Data for Refugee/Asylee Adjusting Status Supplementary Statement for Graduate Medical Trainees Application for Status as a Temporary Resident Under Section 245A of the Immigration and Nationality Act Application for Waiver of Excludability Medical Examination of Aliens Seeking Adjustment of Status Notice of Appeal of Decision Application for Replacement Form I-688A, Employment Authorization or Form I-688, Temporary Residence Card Application to Adjust Status from Temporary to Permanent Resident Refugee/Asylee Relative Petition Petition to Remove the Conditions on Residence Application for Employment Authorization Liberian Deferred Enforced Departure Supplement to I-765 Notice of Action Application to Temporary Resident Status as Replenishment Agricultural Worker (RAW) Section 210 of INA Application for Family Unity Benefits Application for Temporary Protected Status (TPS)
I-600 I-600A I-601 I-602 I-612 I-643
I-644 I-687
I-690 I-693 I-694 I-695
I-698 I-730 I-751 I-765 I-765D I-797 I-805
I-817 I-821
I-821A I-823 I-824 I-833 I-829 I-847 I-864 I-864A I-864P I-864 Package I-865 I-866 I-876 I-881
Forms and Instructions for TPS for Nicaraguans and Hondurans Application – Inspections Facilitation Program Application for Action on an Approved Application or Petition INS Pass Application Petition by Entrepreneur to Remove Conditions Report of Complaint Affidavit of Support Affidavit of Support Contract Between Sponsor and Household Member Poverty Guidelines I-864, I-864A & I-865 Sponsor’s Notice of Change of Address Application Checkpoint Pre-enrolled Access Lane Election Form to Participate in Employment Eligibility Confirmation Pilot NACARA – Suspension of Deportation or Application for Special Rule Cancellation of Removal Application for Authorization to Issue Certification for Health Care Workers Application for T Nonimmigrant Status Photo Card Monthly Report Naturalization Papers Application to File Declaration of Intention Request for Hearing on a Decision in Naturalization Proceedings Under Section 336 of the INA Application for Naturalization Application for Motion for Amendment of Petition Request for Certification of Military or Naval Service Application for Transfer of Petition for Naturalization Purposes
I-905 I-914 M-378 N-4 N-300 N-336
N-400 N-410 N-426 N-455
N-470 N-565 N-600 N-600K N-643 N-644 N-648
Application to Preserve Residence for Naturalization Purposes Application to Replace a Naturalization Citizenship Certificate Application for Certificate of Citizenship Application for Citizenship and Issuance of Certificate Application for Certificate of Citizenship on Behalf of Adopted Child Application for Posthumous Citizenship Medical Certification for Disability Exceptions
OTHER IMMIGRATION RELATED FORMS DSP-11 DSP-117 ETA 750 ETA 9029 ETA 9034 Passport Application Form Application to Determine Returning Resident Status Labor Certification Application Health Care Facility Attestation (H-1A) Attestation by Employers for Off-Campus Work Authorization for F-1 Students Labor Condition Application for H-1B Nonimmigrant’s Additional Questions to be Completed by All Applicants for Permanent Residence in the United States Nonimmigrant Visa Application Supplement to Form OF-156, Nonimmigrant Treaty Trader/Investor Visa Application Instructions for Immigrant Visa Applicants Consular Refusal Sheet Part I – Application for Immigrant Visa and Alien Registration – Biographic Data Part II – Application for Immigrant Visa and Alien Registration – Sworn Statement
ETA 9035 IRS 9003
OF-156 OF-156E
OF-169 OF-194 OF-230
OF-230
By: Fred Kelsey, Esq., Reference Assistant