Immigration Practice Manual
Comprehensive, Wide-Ranging Treatment of Immigration Issues

- Product Number: 2050236EBK
- Publication Date: 7/25/2017
- Edition: 3rd Edition 2017
- Copyright: © 2017 MCLE, Inc.
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Product Description
Product Description
Whether you represent employers, families, domestic relations clients, the accused, employees or students, more likely than not, you will encounter immigration issues in one form or another during the course of your practice. Here's an indispensable desk reference—to bring you up to speed on critical issues facing immigration, naturalization, deportation, visas—and more. The Immigration Practice Manual covers an extraordinary range of immigration-related topics, from E1/E2 nonimmigration visa procedures, to proceedings before the U.S. Citizenship and Immigration Services (USCIS) and the immigration consequences of criminal convictions.
Recent updates:
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Update: July 2017
Dear Subscriber:
Thank you for choosing to keep current in your immigration practice with this 2017 edition of MCLE's Immigration Practice Manual. Inside, you will find new material on many topics in a variety of areas including the following:
- Maintenance of Status. Chapter 4 contains discussion of regulations that took effect on January 17, 2017 and the effect of a sixty-day grace period under 8 C.F.R. § 214.1(l)(1)–(3).
- H-2B Visa. See Chapter 5 for perspectives on the OFLC and the USCIS regulations, issued in 2015, governing the H-2B program.
- Special Immigration Religious Workers. See Chapter 8 for a practice note regarding USCIS practice with regard to qualifying religious work experience and adjustment of status under INA § 245(a) when and if I-360 petitions are approved.
- Strikes, Work Stoppage—Canadian Citizens. See Chapter 10 for discussion of Canadian TN applicants exemption from the requirement to obtain a visa at a U.S. consulate.
We at MCLE trust that you will find this new edition useful in your immigration practice and valuable in keeping your library current.
Cordially,
Maryanne G. Jensen, Esq., MCLE Director of Publications
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Update: July 2017
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Table of Contents
Table of Contents
expand allChapter 1 expandImmigration Law: Current Challenges and the Elusive Search for Legal Integrity
Buy ChapterExhibit 1A
- Bibliographic References Buy FormChapter 2 expandB-1 Business Visitors and B-2 Visitors for Pleasure
Buy ChapterExhibit 2A
- Some Useful Resources Buy FormChapter 3 expandE-1 Treaty Traders and E-2 Treaty Investors
Buy ChapterChapter 4 expandH-1B Specialty Workers
Buy ChapterChapter 5 expandThe H-2B Temporary Nonagricultural Workers Visa Process in Massachusetts
Buy ChapterChecklist 5.1
- Considerations for Applying for H-2B Visas Buy FormExhibit 5A
- Application for Prevailing Wage Determination (Form ETA-9141) Buy FormExhibit 5B
- H-2B Application for Temporary Employment Certification (ETA Form 9142B) Buy FormExhibit 5C
- Summary Payroll Report Buy FormExhibit 5D
- H-2B Application for Temporary Employment Certification (Form ETS-9142B – Appendix B Buy FormChapter 6 expandL-1 Intracompany Transferees
Buy ChapterExhibit 6A
- Relevant Legal Authorities Buy FormExhibit 6B
- INS Memorandum from Fujie O. Ohata Regarding Definition of Manager, HQSCOPS 20/7.1.8 (Dec. 20, 2002) Buy FormExhibit 6C
- INS Memorandum from William R. Yates Regarding Employment Authorization for L-2 Spouses, HQ 70/6.2.5, 6.2.12 (Feb. 22, 2002) Buy FormExhibit 6D
- Sample Specialized Knowledge RFE Buy FormExhibit 6E
- Specialized Knowledge Language from the AAO Decision Buy FormExhibit 6F
- INS Memorandum from James A. Puleo Regarding Interpretation of Specialized Knowledge, CO 214L-P (Mar. 9, 1994) Buy FormExhibit 6G
- INS Memorandum from Fujie O. Ohata Regarding Interpretation of Specialized Knowledge, HQSCOPS 70/6.1 (Dec. 20, 2002) Buy FormExhibit 6H
- Specialized Knowledge Questionnaire Buy FormExhibit 6I
- Sample Internal Organizational Chart 1 Buy FormExhibit 6J
- Sample Internal Organizational Chart 2 Buy FormChapter 7 expandExtraordinary Ability (O-1 Status) and Accompanying Aliens (O-2 Status)
Buy ChapterExhibit 7A
- Some Unions with Substantial Membership in the Arts, Entertainment, and Media Industries Buy FormChapter 8 expandTemporary and Permanent Religious Workers Under the Immigration and Nationality Act
Buy ChapterChapter 9 expandChapter 10 expandTrade NAFTA (TN) Nonimmigrants
Buy ChapterChapter 11 expandChange of Status
Buy ChapterChapter 12 expandPermanent Residence for Aliens of Extraordinary Ability in the Sciences, the Arts, Education, Business, or Athletics
Buy ChapterChapter 13 expandOutstanding Professors and Researchers
Buy ChapterChapter 14 expandEmployment-Based Priority Workers: Immigrant Multinational Executives and Managers (Intracompany Transferees)
Buy ChapterExhibit 14A
- Copy of Form I-140 (Petition for Immigrant Worker) Buy FormExhibit 14B
- Copy of Form I-485 (Application to Register Permanent Residence or Adjust Status) Buy FormExhibit 14C
- Copy of Form I-797 (Notice of Approval) Buy FormExhibit 14D
- May 2017 Issue of Department of State Visa Bulletin Buy FormChapter 15 expandAnatomy of ETA Form 9089: An Item-by-Iitem Dissection
Buy ChapterChapter 16 expandFamily-Sponsored Immigration
Buy ChapterChecklist 16.1
- Checklist of Items to Save for Adjustment of Status Petition Buy FormChecklist 16.2
- Checklist of Items to Save for Affidavit of Support Buy FormChecklist 16.3
- Checklist of Items to Save for Petition to Remove Conditions on Residence Buy FormChecklist 16.4
- Checklist of Items to Save for K-1 Fiancé(e) Petition Buy FormExhibit 16A
- Form I-485 and Sample Cover Letter Buy FormExhibit 16B
- Criminal Record Request Form and Sample Cover Letter Buy FormExhibit 16C
- Freedom of Information/Privacy Act Request Form and Sample Cover Letter Buy FormExhibit 16D
- 2017 Federal Poverty Guidelines Buy FormExhibit 16E
- Petition to Remove Conditions on Residence and Sample Cover Letter Buy FormExhibit 16F
- Filing a Waiver of the Joint Filing Requirement Prior to Final Termination of the Marriage Buy FormExhibit 16G
- Form I-129F Petition for Fiancé(e) Buy FormExhibit 16H
- Glossary of Terms Buy FormExhibit 16I
- Bibliography Buy FormChapter 17 expandSpecial Immigrant Juveniles
Buy ChapterExhibit 17A
- USCIS Policy Manual, Vol. 6, Part J: Special Immigrant Juveniles Buy FormExhibit 17AA
- Medical Evaluation and Vaccination Record— USCIS Form I-693, Sample Civil Surgeon List Buy FormExhibit 17B
- USCIS Policy Manual, Vol. 7, Part F, Chapter 7: Special Immigrant Juveniles Buy FormExhibit 17BB
- Application for Employment Authorization— USCIS Form I-765 Buy FormExhibit 17C
- USCIS Perez-Olano Policy Memo 602-0177 Buy FormExhibit 17CC
- Request for Fee Waiver—USCIS Form I-912 Buy FormExhibit 17D
- USCIS Policy Alert No. PA-2016-06 Buy FormExhibit 17DD
- Sample Cover Letter to USCIS for Joint I-130/I-485 Application Buy FormExhibit 17E
- Sample Probate and Family Court Order for Special Findings Buy FormExhibit 17EE
- USCIS Policy Memorandum No. PM-602-0011.1— Fee Waiver Guidelines Buy FormExhibit 17F
- Sample Motion for Special Findings Buy FormExhibit 17G
- Sample Affidavit in Support of Motion for Special Findings Buy FormExhibit 17H
- Sample Memorandum in Support of Motion for Special Findings Buy FormExhibit 17I
- Petition for Appointment of Guardian of Minor— Form MPC 140 Buy FormExhibit 17J
- Notarized Waiver and Consent to Petition for Guardianship of Minor—Form MPC 440 Buy FormExhibit 17K
- Notarized and Verified Consent or Nomination by Minor— Form MPC 441 Buy FormExhibit 17L
- Verified Motion for Appointment of Temporary Guardian for a Minor—Form MPC 340 Buy FormExhibit 17M
- Bond—Form MPC 801 Buy FormExhibit 17N
- Military Affidavit Buy FormExhibit 17O
- Affidavit Disclosing Care or Custody Proceedings— Juvenile Court Form No. OCAJ-1 Buy FormExhibit 17P
- Order Appointing Temporary Guardian of a Minor— Form MPC 742 Buy FormExhibit 17Q
- Decree and Order of Appointment of Guardian of a Minor— Form MPC 740 Buy FormExhibit 17R
- Request for Counsel—Form MPC 301 Buy FormExhibit 17S
- Annual Report of Guardian of Minor —Form MPC 443 Buy FormExhibit 17T
- Sample Equity Complaint Buy FormExhibit 17U
- Sample Decree in Equity Buy FormExhibit 17V
- Petition for Amerasian, Widow(er) or Special Immigrant— USCIS Form I-360 Buy FormExhibit 17W
- Application to Register Permanent Resident or Adjust Status—USCIS Form I-485 Buy FormExhibit 17X
- Notice of Entry of Appearance as Attorney or Accredited Representative—USCIS Form G-28 Buy FormExhibit 17Y
- Biographic Information—USCIS Form G-325A Buy FormExhibit 17Z
- Intending Immigrant’s Affidavit of Support Exemption— USCIS Form I-864W Buy FormChapter 18 expandBoard of Immigration Appeals and Federal Court Review of Deportation and Removal Decisions
Buy ChapterExhibit 18A
- Sample Notice of Appeal to the BIA Buy FormChapter 19 expandConsequences of Criminal Convictions for the Noncitizen
Buy ChapterChapter 20 expandRelief from Removal and Immigration Court Procedures
Buy ChapterExhibit 20A
- Sample Notice to Appear Buy FormExhibit 20B
- Form EOIR-28 Buy FormExhibit 20C
- Respondent’s Pleadings (Removal Proceedings) Buy FormExhibit 20D
- Form EOIR-33 (Change of Address) Buy FormExhibit 20E
- Form I-485 Buy FormExhibit 20F
- Form EOIR-42A Buy FormExhibit 20G
- Form EOIR-42B Buy FormExhibit 20H
- Form I-589 Buy FormChapter 21 expandNaturalization—The Final Frontier with the U.S. Citizenship and Immigration Services
Buy ChapterChapter 22 expandAdjustment of Status: An Overview
Buy ChapterExhibit 22A
- Aytes Memorandum Buy FormExhibit 22B
- Biometrics Instruction Buy FormExhibit 22C
- Sample Visa Bulletin from DOS Buy FormExhibit 22D
- Sample Immediate Relative Letter to USCIS Buy FormExhibit 22E
- Sample of Concurrent I-140/I-485 Letter Buy FormExhibit 22F
- Sample of USCIS Approval Letter Buy FormExhibit 22G
- USCIS Policy Memorandum PM-602-0122.1 Buy FormChapter 23 expandConsular Processing: A Guide to Nonimmigrant and Immigrant Visa Applications at U.S. Consular Posts
Buy ChapterChapter 24 expandImmigrant and Nonimmigrant Visa Options for Professional Nurses
Buy ChapterChapter 25 expandForeign Medical Graduates—Remedies to Cure the Two-Year Flu
Buy ChapterExhibit 25A
- Massachusetts Department of Public Health Contact Information Buy FormChapter 26 expandThe Child Status Protection Act: Protecting Children from “Aging Out”
Buy ChapterExhibit 26A
- Appendix Buy FormChapter 27 expandThe Reality of “Extreme Hardship”—Winning Techniques and the Online Community Pursuing Waivers of Inadmissibility
Buy ChapterChecklist 27.1
- Checklist to Determine if a Waiver Is Needed or Possible Buy FormChecklist 27.2
- An I-601A Waiver Is Not Available to Those With: Buy FormChecklist 27.3
- Qualifying Relative Checklist Buy FormChecklist 27.4
- Checklist on CIMTs Buy FormExhibit 27A
- Types of Inadmissibility; Corresponding Requirements; Waiver Buy FormExhibit 27B
- Guidance Concerning Unlawful Presence Buy FormExhibit 27C
- The Order of the Processes Buy FormExhibit 27D
- Criminal Inadmissabilities Buy FormExhibit 27E
- Exceptions for Permitting the Filing of Form I-601 Buy FormExhibit 27F
- AAO Decision Buy FormExhibit 27G
- Parole in Place Buy FormChapter 28 expandImmigrant Eligibility for Federal and Massachusetts State Benefit Programs
Buy ChapterExhibit 28A
- When Are Noncitizens Eligible for Full MassHealth? Buy FormExhibit 28B
- Health Benefits Available to Immigrants Regardless of Status Buy FormExhibit 28C
- SI 00502.100 (Basic SSI Alien Eligibility Requirements) Effective Dates: 12/11/2009–Present Buy FormExhibit 28D
- Noncitizens and Access to Public and Subsidized Housing Programs in Massachusetts Buy FormExhibit 28E
- A Quick Guide to “Public Charge” and Receipt of Public Benefits Buy FormChapter 29 expandU.S. Taxation of Foreign Nationals
Buy ChapterExhibit 29A
- Form 1040NR, U.S. Nonresident Alien Income Tax Return Buy FormExhibit 29B
- Form 8854, Initial and Annual Expatriation Statement Buy FormExhibit 29C
- Form 1042-S, Foreign Person’s U.S. Source Income Subject to Withholding Buy FormExhibit 29D
- W-8BEN, Certificate of Foreign Status of Beneficial Owner for United States Tax Withholding Buy FormExhibit 29E
- Form 8233, Exemption from Withholding on Compensation for Independent (and Certain Dependent) Personal Services of a Nonresident Alien Individual Buy FormExhibit 29F
- Form 1040NR-EZ, U.S. Income Tax Return for Certain Nonresident Aliens with No Dependents Buy FormExhibit 29G
- Form 8833, Treaty-Based Return Position Disclosure Under Section 6114 or 7701(b) Buy FormExhibit 29H
- Form 8843, Statement for Exempt Individuals and Individuals with a Medical Condition Buy FormExhibit 29I
- Form W-9, Request for Taxpayer Identification Number and Certification Buy FormExhibit 29J
- Form W-7, Application for IRS Individual Taxpayer Identification Number Buy FormExhibit 29K
- Form 1040-C, U.S. Departing Alien Income Tax Return Buy FormExhibit 29L
- Form 3520, Annual Return to Report Transactions with Foreign Trusts and Receipt of Certain Foreign Gifts Buy FormExhibit 29M
- Form 3520-A, Annual Information Return of Foreign Trust with a U.S. Owner Buy FormExhibit 29N
- Form 5471, Information Return of U.S. Persons with Respect to Certain Foreign Corporations Buy FormExhibit 29O
- FinCen Form 114, Report of Foreign Bank and Financial Accounts Buy FormExhibit 29P
- Form 8938, Statement of Specified Foreign Financial Assets Buy FormExhibit 29Q
- Comparison of Form 8938 and FBAR Requirements Buy FormChapter 30 expandCurrent I-9 Employment Verification Procedures, Best Practices for IRCA Compliance, and Preparing for a Government Investigation
Buy ChapterExhibit 30A
- Form I-9 Buy FormChapter 31 expandOverview of the Law of Asylum
Buy ChapterExhibit 31A
- List of Providers Buy FormExhibit 31B
- Sample Form I-589 Buy FormExhibit 31C
- Sample Declaration in Support of Application for Asylum Buy FormExhibit 31D
- Sample Medical Affidavit (Text) Buy FormExhibit 31E
- Sample Declaration of a Lay Witness Buy FormExhibit 31F
- Sample Letter Brief Buy FormExhibit 31G
- Sample Index for Asylum Application Buy FormExhibit 31H
- Sample Complaint Letter to the Asylum Office Buy FormExhibit 31I
- Authorization Buy FormExhibit 31J
- Biometric Instructions Buy FormExhibit 31K
- Sample Direct Exam Questions Buy FormExhibit 31L
- Motion for Telephonic Testimony Buy FormExhibit 31M
- Declaration of Expert Witness Buy FormExhibit 31N
- Sample Direct Questions for Expert Witness Buy FormChapter 32 expandInspections and Admissions: The Procedure of How Individuals Are Lawfully Admitted Into the United States
Buy ChapterChapter 33 expandThe National Interest Waiver Category
Buy ChapterChapter 34 expandImmigration Remedies for Victims of Crime
Buy ChapterExhibit 34A
- Comparison of T and U Nonimmigrant Visa Eligibility Requirements Buy FormChapter 35 expandSpecialty Occupation Treaty-Based Temporary Workers
Buy ChapterExhibit 35A
- Foreign Affairs Manual Notes on E-3 Visas (9 FAM 402.9-8) Buy FormExhibit 35B
- Sample Initiated Labor Condition Application (LCA) Form 9035 Buy FormExhibit 35C
- CBP Memo Outlining Differences Between H-1B1 and H-1B Buy FormExhibit 35D
- Adjudicator’s Field Manual (AFM) Provisions on E-3 Status Buy FormExhibit 35E
- Form I-129 with Trade Agreement Supplement Buy Form - Editors & Authors