Nonimmigrants Definition: Anyone wishing to come to U.S. presumed immigrant (§ 214(b)). “Imm” defined as anyone except listed categories of non-imms in § 101(a)(15). Exs: Foreign gov officials (A); visitors for business/pleasure (B-1, B-2); students (F, M); Int’l reps (G); Cit fiancés (K). 32 mill nonimm admissions in 2001; 90% visitors for business and pleasure […]
Immigration Reform Proposals INA § 212(a)(5) Empirics of Immigration: What Immigration in the last 15 years signifies Where are immigrants going? Until 1990, going to gateway states; by 2000, spreading across the country. Including their children, foreign born pop. will make up 1/3 of the U.S. pop. by 2025 Where are immigrants coming from? […]
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 […]
Sample Problem: Problem 3, p. 318 (assume marriage was less than two years) C’s status when D walked out on her: she was conditionally married as an LPR (less than two years from conditional status removal) C needs D in order to petition for removal of her conditional status (joint petition) -216(d): In the petition, […]
Family Reunification INA §§ 217, 204(a)(2),(c),(g), 245(d),(e) 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 […]
Admissions Categories (274-90, State Dep’t Visa Bulletin) INA §§ 101(b), 201, 203 National Origin Quotas Pre-INA: admission quotas corresponded to % of US population of that ethnicity Ceilings and Country Limits: INA set Eastern hemisphere limit at 150,000; in 1976 set 20,000 per-country limit (E. hemi. only); in 1978 eliminated hemisphere distinction → the […]
Defining Admissibility and Inadmissibility Impact of Immigration on the U.S. 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 […]
Organization 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 […]
Foundations of Immigration Power Chinese Exclusion 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). […]
Citizenship 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: […]
