Immigration Practice Manual
Comprehensive, wide-ranging treatment of Immigration issues

- Product Number: 2233331WFM
- Publication Date: 10/14/2022
- Edition: 4th Edition 2022
- Copyright: © 2022 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: October 2022
Dear Subscriber:
Thank you for choosing to keep your copy of MCLE's Immigration Practice Manual current for 2022. Inside this update, you will find materials on topics such as these:
- Removal. See chapter 18 for a citation to a case decided in May 2022 wherein the Supreme Court held that federal courts of appeals are barred from reviewing factual findings underlying the denial of relief from removal in the forms of cancellation of removal, voluntary departure, adjustment of status, and waivers sought pursuant to 8 U.S.C. § 1182(h) and (i).
- I-9 compliance; receipt rule. See chapter 29 for new commentary on USCIS's 2021 policy stating that it will consider L-2 and E dependent spouses (but not H-4 dependent spouses) work authorized incident to their status, meaning that these dependent spouses will not need to apply for an EAD to work in the United States. Also see chapter 29 for three areas of the HSI labor exploitation mission.
- Asylum. See chapter 30 for new information regarding DHS and DOJ rules that are changing the way in which asylum applications of asylum seekers who are subject to expedited removal are processed within the immigration system. The chapter also includes a new practice note guiding the reader on key elements of proving "persecution" in connection with asylum.
- STEM scholars. See chapter 32 for the Biden-Harris administration's statement with regard to the advancement of predictability and clarity for pathways for international STEM scholars. The update discusses amendments to the USCIS Policy Manual that recognize "the importance of progress in STEM fields and the essential role of persons with advanced STEM degrees in fostering this progress, especially in focused critical and emerging technologies."
- DEI commentary. Please note, also, that with this new edition for 2022, MCLE has incorporated practical commentaries on diversity, equity, and inclusion (DEI), which were contributed by DEI commentators Annelise M. Araujo, Esq., and Stefanie Fisher, Esq., partners of the firm of Araujo & Fisher LLC. Seventeen such commentaries have been added to the chapters of this publication.
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: October 2022
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Table of Contents
Table of Contents
expand allChapter 1 expandImmigration Law: Current Challenges, Volatility, and Hope
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
- Applicant for Prevailing Wage Determination (Form ETA-9141) Buy FormExhibit 5B
- Applicant for Temporary Employment Certification (Form ETA-9142B) Buy FormExhibit 5C
- Summary Payroll Report Buy FormExhibit 5D
- H-2B Application for Temporary Employment Certification (Form ETA-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 Buy FormExhibit 6C
- INS Memorandum from William R. Yates Regarding Employment Authorization for L-2 Spouses, Buy FormExhibit 6D
- Sample Sized 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
- Address Index for I-129 O and P Consultation Letters Buy FormChapter 8 expandTemporary and Permanent Religious Workers Under the Immigration and Nationality Act
Buy ChapterChapter 9 expandRelief Under the Violence Against Women Act
Buy ChapterExhibit 9A
- Useful Resources -Relief Under the Violence Against Women Act Buy FormChapter 10 expandTrade USMCA (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
Buy ChapterChapter 15 expandAnatomy of ETA Form 9089: An Item-by-Item 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
- 2022 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
- Revised Special Immigrant Juvenile Regulations, Part 204 Immigrant Petitions, 8 C.F.R. § 204.11, Effective Apr. 7, 2022 Buy FormExhibit 17B
- U.S. Citizenship and Immigration Services Policy Alert No. PA-2022-14, June 10, 2022 Buy FormExhibit 17C
- G.L. c. 119, § 39M. Dependency Proceedings for Abused, Neglected and Abandoned Children; Determination of Child’s Best Interest; Petition for Special Findings Buy FormExhibit 17D
- In re 17347882, Administrative Appeals Office Decision, May 3, 2022 (Nonprecedent Decision) Buy FormExhibit 17E
- Sample Motion for Special Findings Buy FormExhibit 17F
- Sample Template for Affidavit of Immigrant Child Buy FormExhibit 17G
- Sample Template for Proposed Order in Guardianship (or Other) Proceedings Buy FormExhibit 17H
- Complaint for Dependency Form for G.L. c. 119, § 39M Proceeding, Probate and Family Court Form CJ-P 35 Buy FormExhibit 17I
- Summons for Complaint for Dependency (Probate and Family Court Form CJ-P 36) Buy FormExhibit 17J
- Judgment of Dependency Form for G.L. c. 119, § 39M Proceeding, Probate and Family Court Form CJ-P 37 Buy FormExhibit 17K
- Protocol for Complaints and Judgments for Dependency Pursuant to G.L. c. 119, § 39M, Special Immigrant Juvenile Findings, March 2019, Probate and Family Court Form CJP 902 Buy FormExhibit 17L
- Completed Sample Complaint for Dependency Form, G.L. c. 119, § 39M, CJ-P 35 Buy FormExhibit 17M
- Completed Sample Judgment of Dependency Form for G.L. c. 119, § 39M, CJ-P 37 Buy FormExhibit 17N
- Massachusetts Law Reform Institute (MLRI) May 2022 Policy Update: Deferred Action for Special Immigrant Juveniles and Employment Authorization (Printed with MLRI’s Permission) 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 ChapterChapter 21 expandNaturalization—The Final Frontier with the U.S. Citizenship and Immigration Services
Buy ChapterChapter 22 expandAdjustment of Status: An Overview
Buy ChapterExhibit 21D
- Derivation with Naturalization Buy FormExhibit 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 Concurrent I-140/I-485 Letter Buy FormExhibit 22F
- USCIS Policy Memorandum PM-602-0122.1 Buy FormExhibit 22G
- Sample USCIS Approval Letter Buy FormChapter 23 expandConsular Processing: A Guide to Nonimmigrant and Immigrant Visa Applications at U.S. Consular Posts Applications at U.S. Consular Posts
Buy ChapterExhibit 23A
- Photo Specifications for Form DS 160 Buy FormChapter 24 expandImmigrant and Nonimmigrant Visa Options for Professional Nurses
Buy ChapterExhibit 24A
- 2020 National Council Licensure Examination (NCLEX) Buy FormChapter 25 expandInternational 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 - Child Status Protection Act Buy FormChapter 27 expandThe Reality of "Extreme Hardship" - Winning Techniques and the Online Community Pursuing Waivers of Inadmissibility
Buy ChapterExhibit 27A
- Types of Inadmissibility; Corresponding Requirements; Waiver Buy FormExhibit 27B
- May 6, 2009, Neufeld Memo Buy FormExhibit 27C
- The Order of the Processes - The Reality of "Extreme Hardship" Buy FormExhibit 27D
- Criminal Inadmissibilities Buy FormExhibit 27E
- USCIS Revised Policy Memo PM-602-0038.1, June 6, 2012 Buy FormExhibit 27F
- Parole in Place Buy FormChapter 28 expandU.S. Taxation of Foreign Nationals
Buy ChapterExhibit 28A
- Form 1040NR, U.S. Nonresident Alien Income Tax Return Buy FormExhibit 28B
- Form 8854, Initial and Annual Expatriation Statement Buy FormExhibit 28C
- Form 1042-S, Foreign Person’s U.S. Source Income Subject to Withholding Buy FormExhibit 28D
- W-8BEN, Certificate of Foreign Status of Beneficial Owner for United States Tax Withholding Buy FormExhibit 28E
- Form 8233, Exemption from Withholding on Compensation for Independent (and Certain Dependent) Personal Services of a Nonresident Alien Individual Buy FormExhibit 28F
- Form 8833, Treaty-Based Return Position Disclosure Under Section 6114 or 7701(b) Buy FormExhibit 28G
- Form 8843, Statement for Exempt Individuals and Individuals with a Medical Condition Buy FormExhibit 28H
- Form W-9, Request for Taxpayer Identification Number and Certification Buy FormExhibit 28I
- Form W-7, Application for IRS Individual Taxpayer Identification Number Buy FormExhibit 28J
- Form 1040-C, U.S. Departing Alien Income Tax Return Buy FormExhibit 28K
- Form 3520, Annual Return to Report Transactions with Foreign Trusts and Receipt of Certain Foreign Gifts Buy FormExhibit 28L
- Form 3520-A, Annual Information Return of Foreign Trust with a U.S. Owner Buy FormExhibit 28M
- Form 5471, Information Return of U.S. Persons with Respect to Certain Foreign Corporations Buy FormExhibit 28N
- FinCen Form 114, Report of Foreign Bank and Financial Accounts Buy FormExhibit 28O
- Form 8938, Statement of Specified Foreign Financial Assets Buy FormExhibit 28P
- Comparison of Form 8938 and FBAR Requirements Buy FormExhibit 28Q
- Form 8621, Information Return by a Shareholder of a Passive Foreign Investment Company or Qualified Electing Fund Buy FormChapter 29 expandCurrent I-9 Employment Verification Procedures, Best Practices for IRCA Compliance, and Preparing for a Government Investigation
Buy ChapterExhibit 29A
- Form I-9 Buy FormChapter 30 expandOverview of the Law of Asylum
Buy ChapterExhibit 30A
- Sample Affirmative and Defensive Case Checklist Buy FormExhibit 30B
- List of Providers - Overview of Law Asylum Buy FormExhibit 30C
- Sample Form I-589 Buy FormExhibit 30D
- Sample Declaration in Support of Application for Asylum Buy FormExhibit 30E
- Sample Medical Affidavit (Text) Buy FormExhibit 30F
- Sample Declaration of a Lay Witness Buy FormExhibit 30G
- Sample Letter Brief - Overview of Law Asylum Buy FormExhibit 30H
- Sample Index for Asylum Application Buy FormExhibit 30I
- Immigration Court/Asylum Office/OPLA Contact Information Buy FormExhibit 30J
- Sample Complaint Letter to the Asylum Office Buy FormExhibit 30K
- Authorization Form Buy FormExhibit 30L
- Biometric Instructions Buy FormExhibit 30M
- EOIR Pleadings Form Removal Buy FormExhibit 30N
- Sample Direct Exam Questions - Overview of Asylum Buy FormExhibit 30O
- Motion for Telephonic Testimony Buy FormExhibit 30P
- Declaration of Expert Witness Buy FormChapter 31 expandInspections and Admissions: The Procedure for How Individuals Are Lawfully Admitted into the United States Admitted into the United States
Buy ChapterExhibit 30Q
- Sample Direct Exam Questions Medical - Inspections and Admissions Buy FormChapter 32 expandThe National Interest Waiver Category
Buy ChapterChapter 33 expandImmigration Remedies for Survivors of Crime
Buy ChapterChapter 34 expandSpecialty Occupation Treaty-Based Temporary Workers
Buy ChapterExhibit 34A
- Foreign Affairs Manual Notes on E-3 Visas (9 FAM § 402.9-8) Buy FormExhibit 34B
- Sample Initiated Labor Condition Application (LCA) Form 9035 Buy FormExhibit 34C
- CBP Memo Outlining Differences Between H-1B1 and H-1B Buy FormExhibit 34D
- USCIS Policy Manual Chapter 2—Employment-Based Nonimmigrants Buy FormExhibit 34E
- Adjudicator’s Field Manual (AFM) Provisions on E-3 Status Buy FormExhibit 34F
- Form I-129 with Trade Agreement Supplement Buy Form - Editors & Authors