SUBJECT-MATTER INDEX FORMS & FUNDAMENTALS, ED.

Transcription

1 SUBJECT-MATTER INDEX FORMS & FUNDAMENTALS, ED. A ABA Model Rules of Professional Conduct applicability, 18 Adam Walsh Child Protection and Safety Act 2006 K-1 fiancé(e) visa, prohibitions, 101 Address change. See Change of address Adjustment of status (AOS) Form I-102 and, 80 Form I-485 application, Administrative Review Board (ARB) Admission to U.S. Advance parole document Form I-131, Advance permission to enter as nonimmigrant Form I-192, Form I-918 Supplement A, Affidavit of support generally, Form I-134, sample form, Afghanistan national Form I-360 petition translator for U.S. military, worker for U.S. government in Afghanistan, Agencies involved in immigration, Aggravated felony Alien Amerasians Appeals Form EOIR-26, notice of appeal from decision of immigration judge, Form EOIR-29, notice of appeal to Board of Immigration Appeals from decision of USCIS officer, Appearance Form EOIR-28, notice of entry of appearance as attorney or representative before immigration court, Armed Forces, U.S. See Military service Arrival-departure document Form I-102, application for replacement/initial nonimmigrant arrival-departure document, Artists. See O nonimmigrant visa Asylum Attorney representation Form EOIR-28, notice of entry of appearance, Attorney-client relationship clarification at initial client interview, ethics in. See Ethics representation, 9 20 Attorney s fees ethical standards, initial client interview, B B-1 visas (business visitors) Battered spouse or child Best practices ethical standards, Biographic information Form G-325, Birth certificates filing requirements, 44 Board of Alien Labor Certification Appeals (BALCA) Board of Immigration Appeals (BIA) Form EOIR-29, notice of appeal to Board of Immigration Appeals from decision of USCIS officer, Form EOIR-33, alien s change of address form,

2 SUBJECT-MATTER INDEX Employment authorization document (EAD) Border crossing cards (BCCs) Form I-102, Bureau of Consular Affairs (BCA) Bureau of Customs and Border Protection (CBP) described, Bureau of Educational and Cultural Affairs (ECA) C Canada Form I-102, Canadian statement cases, 78 visa processing at U.S. consular post in, 38 Canal Zone government employees Cancellation of removal Form EOIR-42A, cancellation of removal for certain permanent residents, Form I-881, application for suspension of deportation or special rule cancellation of removal (NACARA Change of address Form AR-11, filing procedures, 46 47, Form EOIR-33, alien s change of address form, Form I-865, sponsor s notice of change of address, Postal Service notification, Checklists filing procedures, Form I-102, Form I-129, 86 Form I-129F, Form I-130, marriage-based petitions, supporting documentation, Checks used to pay fees, 39 Children abuse. See Battered spouse or child communication with, Communication with clients ethical standards for, Conditional (permanent) residents Form I-751, petition to remove conditions on residence, Confidentiality clarification at initial client interview, 29 Conflict of interest dual representation, ethical standards, Consular processing consulates, role of, 13 Form DS-230, application for immigrant visa and alien registration, Crimes of moral turpitude (CIMT/CMT) Customs and Border Protection (CBP) described, Deferred action Deferred enforced departure Denaturalization Deportability grounds of, 3 Deportation. See also Removal Derivative citizenship Derivative status (generally) DHS (Homeland Security Department) Disabled clients communication with, 32 Form I-90, accommodations for individuals with disabilities and impairments, 75 Disciplinary complaints in immigration practice, 25 Diversity lottery Documentation. See Supporting documentation Domestic violence. See Battered spouse or child Dual nationality Dual representation ethical standards, E nonimmigrant visas E-1 treaty traders, Form DS-156E, E-2 treaty investors, Form DS-156E, Form I-129 supplement, El Salvador Elderly clients communication with, 32 Employment and Training Administration (ETA) 14 Employment authorization document (EAD) D E 499

3 Employment-based immigration Form I-765, Employment-based immigration Form ETA-9089, application for permanent employment certification, Form I-140, labor certification. See Labor certification EOIR. See Executive Office for Immigration Review Ethics generally, ABA Model Rules of Professional Conduct, 18 attorney-client relationship, attorney s fees, best practices, common complaints in immigration practice, 25 communication with clients, dual representation, failure to timely file, 25 fraud, false statements, and misrepresentation, guidance for lawyers, immigration regulations (CFR provisions), INA provisions, 16 incompetence, 25 penalties for noncompliance, 18 practice pointers, resources, 27 retainer agreements, rules of professional responsibility, technological advances, 26 Exchange visitors Exclusion Executive Office for Immigration Review (EOIR) forms and instructions, 38. See also specific forms Expedited processing Form I-907, request for premium processing service, Expedited removal Extended voluntary departure 5 Extraordinary ability See also O nonimmigrant visa Form I-140, 146 F-1 visas False statements. See Fraud and false statements Family-sponsored immigration affidavit of support. See Affidavit of support Form I-130, Fees See also Attorney s fees F checks used to pay, 39 filing fees, 37 Form I-912, request for fee waiver, Filing procedures generally, See also specific type of visa or form address change/form AR-11, checklists, closing out case, 48 colored paper, use of, 37 file maintenance/client copies, file management, forms and instructions, Internet, use of, strategic substantive considerations, 47 Financial support. See Affidavit of support Form AR-11 case information, completing the form, electronic sample form, filing procedures, paper filing of, 52 representative-submitted Form G-28, sample form, 53 USCIS change of address, online, Form DS-156 nonimmigrant visa application, sample form, Form DS-156E nonimmigrant treaty traders and treaty investor application, sample form, Form DS-160 online nonimmigrant visa application, 440, step-by-step guide, Form DS-230 application for immigrant visa and alien registration, sample form, Form DS-260 online immigrant visa application and registration, Form EOIR-26 notice of appeal from decision of immigration judge, sample form, Form EOIR-28 notice of entry of appearance as attorney or representative before immigration court, sample form, Form EOIR-29 notice of appeal to Board of Immigration Appeals from decision of USCIS officer, sample form, 375 Form EOIR-33 alien s change of address form,

4 SUBJECT-MATTER INDEX Form I-589 sample form, Form EOIR-42A cancellation of removal for certain permanent residents, sample form, Form ETA-9035 labor condition application (LCA) for nonimmigrant workers, sample form, Form ETA-9089 application for permanent employment certification, sample form, Form ETA-9141 application for prevailing wage determination, sample form, Form G-28 Notice of Appearance, 37, 39 Form G-325 biographic information, sample form, 65 Form G-639 FOIA/privacy Act request, sample form, Form I-90 accommodations for individuals with disabilities and impairments, 75 application to replace permanent resident card, Form I-94 Arrival-Departure Record, 77 Form I-94W Nonimmigrant Visa Waiver Arrival-Departure Record, 77 Form I-95 crewman s landing permit, 77 Form I-102 application for replacement/initial nonimmigrant arrival-departure document, BCCs and, Canadian statement cases and, 78 CBP FOIA and, completing of form, filing, military nonimmigrants and, 79 proof of inspected entry, 79 sample form, SAW cards and, 79 Form I-129 checklist for completing, 86 E-1/E-2 supplement, H nonimmigrant visa, data collection and filing fee exemption, numerical limitation, 95 off-site assignment, 95 H-1B data collection and filing fee exemption supplement, L-1 blanket petitions, O nonimmigrant visa, P nonimmigrant visa, practice pointers, Q-1 visas, 98 R-1 visas, trade agreement supplement, 91 Form I-129F checklist, K-1 fiancé(e) visa, practice pointers, sample form, Form I-130 Alien Relative Petition, sample form, Form I-131 advance parole document, , application for travel document, re-entry permits, 117, refugee travel document, 118, Form I-134 affidavit of support, sample form, Form I-140 completing, extraordinary ability, 146 multinational executives and managers, 147 National Interest Waiver (NIW), 148 outstanding professor or researcher, PERM, 138 petition for alien worker, sample form, skilled workers and professionals, Form I-192 application for advance permission to enter as nonimmigrant, sample form, Form I-290B notice of appeal or motion to administrative appeals unit, sample form, Form I-360 petition for Amerasian, widow(er), or special immigrant, sample form, Form I-485 application to register permanent residence or adjust status, practice tips, 45, sample form, Form I-539 application to extend/change nonimmigrant status, sample form, Form I-589 application for asylum and withholding of removal,

5 Form I-601 sample form, Form I-601 application for waiver of grounds of inadmissibility, sample form, Form I-693 report of medical examination and vaccination record, sample form, Form I-751 petition to remove conditions on residence, sample form, Form I-765 application for employment authorization, sample form, 268 Form I-864 affidavit of support, sample form, Form I-865 sample form, sponsor s notice of change of address, Form I-881 sample form, Form I-907 request for premium processing service, sample form submitted by attorney, submitted by petitioner, Form I-912 request for fee waiver, sample form, Form I-918 petition for U nonimmigrant status, sample form, Supplement A, application for advance permission to enter as nonimmigrant, sample form, Form N-400 application for naturalization, sample form, Former Soviet Union countries Fraud and false statements clarification at initial client interview, 29 ethical standards, Freedom of Information Act (FOIA) Form G-639 request, Form I-102 and CBP FOIA, Future crimes clarification at initial client interview, G G visas Good moral character Form N-400, application for naturalization, Green cards Guatemala H H nonimmigrant visas Form I-129, H-1B visas filing procedures, 41 Form I-129, labor condition application, 397 numerical limitations, 95 Health and Human Services Department (HHS) Homeland Security Department (DHS) described, Humanitarian asylum Immigrant Immigrant visas See also specific types of visas Form DS-230, application for immigrant visa and alien registration, Form DS-260, online immigrant visa application and registration, Immigration and Customs Enforcement (ICE) Immigration and Nationality Act of 1952 (INA) ethics provisions, 16 Immigration judge Form EOIR-26, notice of appeal from decision of immigration judge, Inadmissibility grounds of, 5 waiver of inadmissibility, Form I-601, Incompetence disciplinary complaints about, 25 ethical standards, 25 I

6 SUBJECT-MATTER INDEX Naturalization InfoNet AILA, 35 Inspection proof of inspected entry and Form I-102, 79 Internal Revenue Service (IRS) International organizations Internet use of, Interviews, initial, with clients generally, attorney-client relationship, communication barriers, evaluation of case, fact gathering at, 30 fees and retainer agreement, 34 intake sheets, 31 language used by client, 31 manner and method, purpose, 28 trauma experienced by client, 32 Iraq national Form I-360 petition translator for U.S. military, worker for U.S. government in Iraq, J-1 exchange students Joint employers Form I-129, 93 Justice Department (DOJ) J K K-1 visas Form I-129F, K-1 fiancé(e) visa Adam Walsh Act prohibition, 101 petition and supporting documents. See Form I-129F K-3/K-4 nonimmigrant visa for spouse or child Form I-129F, 100 Kentucky Consular Center (KCC) L L visas Form I-129 supplement, Labor certification Labor condition application (LCA) Form ETA-9035, H-1B visa, 397 sample form, Labor Department (DOL) 14 forms and instructions, 38 PERM regulations. See PERM (Program Electronic Review Management) System Laser visa. See Border crossing cards (BCCs) Law firm ethics. See Ethics Lawful permanent residents (LPRs) Form EOIR-42A, cancellation of removal, Form I-485, application to register permanent residence or adjust status, LCA. See Labor condition application Legacy INS Legalization Listserves daily service, 36 LPRs. See Lawful permanent residents M Marriage checklist for marriage-based petition, Form G-325, information on all previous spouses, 62 Marriage brokers Form I-129F, 100 Marriage certificates filing requirements, Medical examinations Form I-693 report, Mexico Form I-102 and Border Crossing Card (BCC), visa processing at U.S. consular post in, 38 Military service Form I-102 and nonimmigrants, 79 Multinational executives and managers Form I-140, 147 N National Interest Waiver (NIW) Form I-140, 148 National Visa Center (NVC) Naturalization Form N-400, application for naturalization,

7 Nicaraguan Adjustment and Central American Relief Act of 1997 (NACARA) Nicaraguan Adjustment and Central American Relief Act of 1997 (NACARA) Nonimmigrant visas See also specific type of visa Form DS-156, application, Form DS-160, online nonimmigrant visa application, Nonimmigrants advance permission to enter Form I-192, Form I-918, Supplement A, Notice of appeal Form EOIR-26, notice of appeal from decision of immigration judge, Form EOIR-29, notice of appeal to Board of Immigration Appeals from decision of USCIS officer, Form I-290B, notice of appeal or motion to administrative appeals unit, Notice of entry of appearance Form EOIR-28, Numerical cap H-1B visa, 95 O nonimmigrant visas Form I-129, Office of Foreign Labor Certification (OFLC) Office of Immigration Litigation (OIL) Office of Legislation, Regulations and Advisory Assistance (Advisory Opinion Division) Office of Refugee Resettlement (ORR) Office of Special Counsel for Immigration-Related Unfair Employment Practices (OSC) O*NET (Occupational Information Network) Form ETA-9141, application for prevailing wage determination, 431 Original documents filing requirements, 44 Outstanding professor or researcher Form I-140, O P nonimmigrant visas Form I-129, Panama Canal Company employees Parole Penalties ethical noncompliance, 18 PERM (Program Electronic Review Management) System filing checklist, Form ETA 9089, Form ETA 9141, application for prevailing wage determination, Form I-140, 138 Permanent residence Form I-485 application to register, Permanent resident card Form I-90, Photocopies vs. originals filing requirements, 40, 44 Photographic identity documents practice pointers on, 40 Physicians Preference categories Pre-inspection Premium processing program Form I-907, Prevailing wage determination Form ETA-9141, application for prevailing wage determination, Primary inspection Priority date Privacy Act Form G-639 request, Professional responsibility. See also Ethics rules of, Professionals. See H-1B visa; Skilled workers and professionals; specific professions Q-1 visas Form I-129, 98 Quotas P Q

8 SUBJECT-MATTER INDEX Unlawful presence R R-1 visas Form I-129, Reduction in recruitment (RIR) See also Labor certification Re-entry permits 17 Form I-131, Refugees refugee travel document, 118, Relatives. See Family-sponsored immigration Relief from removal Religious workers R-1 visas and Form I-129, Removal cancellation of. See Cancellation of removal Form I-881, application for suspension of deportation or special rule cancellation of removal (NACARA Requests for Evidence (RFEs) responding to, 47 Residency requirements. See specific type of visa Retainer agreements ethical standards, initial client interview, 34 Rules of professional responsibility applicability, SAW cards EAD cards and, 79 Secondary inspection Service centers notification of change of address, 47 SEVIS (Student and Exchange Visitor Information System) Skilled workers and professionals Form I-140, SOC (Standard Occupational Classification) code Form ETA-9141, application for prevailing wage determination, 431 Social Security Administration (SSA) Special agricultural workers SAW cards and EAD cards, 79 Specialty occupations. See H-1B visa; L visa State Department (DOS) See also National Visa Center (NVC) S forms and instructions, State rules of professional responsibility applicability, 16 Students F visas, Form I-539, application to extend/change nonimmigrant J-1 exchange students, Form I-539, application to extend/change nonimmigrant SEVIS (Student and Exchange Visitor Information System), Supporting documentation checklists, unavailability of, 44 Surviving spouse. See Widow(er)s T visas waiver of inadmissibility, Form I-601, Technological advances use of, 26 Temporary protected status (TPS) waiver of inadmissibility, Form I-601, 229 Termination of client relationships documentation of, 48 Time limits disciplinary complaints regarding failure to timely file, 25 Trade agreement supplement Form I-129, 91 Translated documents certification required, 45 Travel Form I-131, Treaty traders and investors Form DS-156E, visa application, T U U visas Form I-918, petition for U nonimmigrant status, Form I-918 Supplement A, application for advance permission to enter as nonimmigrant, Universities F visas, Form I-539, application to extend/change nonimmigrant J-1 exchange students, Form I-539, application to extend/change nonimmigrant outstanding professor or researcher (Form I-140), SEVIS (Student and Exchange Visitor Information System), Unlawful presence 505

9 U.S. Citizenship and Immigration Services (USCIS) U.S. Citizenship and Immigration Services (USCIS) described, 9, 11 forms and instructions, 37 Web site practice pointer, 36 US-VISIT (United States Visitor and Immigrant Status Indicator Technology) program V visa (nonimmigrant spouses and children of I-130 petitioner) Vaccination requirements Form I-693 report, Violence, victims of crimes of. See U visas Visa 10 Visa Office (VO) Visa waiver program (VWP) Visa waivers Form I-94W, 77 Visas Viper Voluntary departure V W Wage and Hour Division (WHD) Waivers Form I-912, request for fee waiver, of inadmissibility, Form I-601, Websites immigration-related, Widow(er)s Withholding of removal Work authorization. See Employment authorization Work permit 506