Employment-Based Immigration (331-44) Generally: Policy: balance employer interests with protection of US workers Statistics: employment preferences account for only about 140,000 admissions / yr. DOL Certification Process: needed for EB2 and EB3 workers Schedule A: presumptive “in” for certain high-need occupations (e.g. nurses) Schedule B: presumptive “out” for other occupations – US labor supply sufficient […]
Same-Sex Marriage and Immigration: Adams v. Howerton (1982): rejecting petition for same-sex partner beneficiary, as incompatible with Congressional intent 1952 INA “spouse,” considered in light of § 212 designation of homosexuality as “psychopathic” disqualification to immigration, does not confer benefit to this couple Recent developments: 1996 DOMA defined marriage in heterosexual terms for purposes of […]
Categories of Non-Citizens (broadly): immigrants, and nonimmigrants (both groups are subject to passing § 212(a) grounds of inadmissibility, qualifying for admission) Immigration Patterns: high immigration levels in 1990s → demographic effects in US 7 main source countries: Mexico, India, China, the Philippines, Vietnam, El Salvador, Cuba (45% of immigrants FY 2001) Portes & Rumbaut: popular […]
Organization of the Immigration Bureaucracy Immigration and Naturalization Service existed 1933-2003; powers derived from Attorney General and the INA. Department of Homeland Security established by 2003 Homeland Security Act Citizenship and Immigration Services – all applications for naturalization and benefits, asylum, refugee. Customs and Border Protection – Customs, Border Patrol. Inspectors at ports of entry […]
Chae Chan Ping (1889) – the Chinese Exclusion Case. Court (Field): Congress has power to pass exclusion statute; federal plenary power over immigration. Violation of prior treaties via statute OK because both are supreme. FA left to feds for a reason and immigration is a national/FA/security issue (not local). Self-preservation requires immigration regulation. Sovereignty can’t […]
Acquisition of Citizenship – Jus Soli and Jus Sanguinus INA § 301 Jus Soli: conferral of nationality based on birth w/in territory Everyone born in the U.S. is a U.S. citizen, thanks to the 14th amendment. Immigration policy cannot get around this. (Wong Kim Ark) Pros: admin convenience; egalitarian; inclusive; most inclusive rule Cons: arbitrary […]
Other Subjects Continuing Applications (continuation/RCE, divisional, CIP) Foreign Priority and Provisional Application Priority New Matter Overcoming Rejections with Affidavits (Oath) or Declarations Double Patenting (not often on the exam) Restriction Requirement and Election of Species (not often on the exam) Publication of Patent Applications and Pre-Issuance Royalties Interference Practice (very rare on the exam) Inventorship […]
