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Figures ■ Tables ■ Preface
1 Historical Background and Introduction to the U.S. Immigration System
A. INTRODUCTION TO THE STUDY OF IMMIGRATION LAW

A.1. Key Definitions
B. A BRIEF HISTORY OF IMMIGRATION LAW AND POLICY
B.1. 1776 to 1875: Migration from a Policy of Open Borders
B.2. 1875 to 1902: Restrictions Begin Through Federal Control of Immigration
B.3. 1903 to 1952: Quotas and Restrictionism
B.4. 1952 to 1986: The Cold War and Elimination of Quotas
B.5. 1986 to 1996: Enforcement and Legalization
B.6. 1996 to 2001: Increased Enforcement and Economic Limitations
B.7. 2001 to Present: September 11, 2001, and Its Aftermath
C. THE IMMIGRATION SYSTEM TODAY
D. SOURCES OF IMMIGRATION LAW
D.1. Immigration and the U.S. Constitution
Case for Discussion 1.1
D.2. Primary Sources
D.2.a. Statutes
D.2.b. Regulations
D.2.c. Case Law
D.3. Secondary Sources
D.3.a. Websites
D.3.b. Other Agency Guidance
D.3.c. International Law
D.3.d. Treatises and Casebooks
E. UNDERSTANDING BASIC IMMIGRATION DOCUMENTS AND FORMS
E.1. A Nonimmigrant Visa
8
E.2. I-94 Arrival/Departure Record Card
E.3. An Immigrant Visa
E.4. A Resident Alien Card
E.5. Employment Authorization Card
E.6. Other Immigration Forms and Correspondence
E.7. Representation Forms: G-28
E.8. Receipts
E.9. Request for Evidence
E.10. Notice of Action
F. DETERMINING IMMIGRATION STATUS
G. CONCLUSION
2 Nonimmigrant Visas for Brief Stays, Studies, and Cultural Exchange
A. DIFFERENCES BETWEEN NONIMMIGRANT AND IMMIGRANT VISAS

B. THE VISA APPLICATION PROCESS
B.1. Nonimmigrant Waivers
C. OBTAINING A NONIMMIGRANT VISA STAMP
D. CHANGING OR EXTENDING NONIMMIGRANT STATUS
D.1. The Application Process
E. NONIMMIGRANT VISAS THAT DO NOT AUTOMATICALLY GRANT
EMPLOYMENT AUTHORIZATION
E.1. Sources of Law
E.2. Temporary Visitors to The United States for Business (B-1) and Pleasure (B-2):
INA §101(a)(15)(B); 8 C.F.R. §214.2(b); 9 FAM 402.2
E.2.a. Requirements for Entry
E.2.b. Reasons for Seeking B-1 Classification
E.2.c. Compiling the B1/B2 Nonimmigrant Visa Application
E.2.d. Related Visa Classification, Transit (C-1) and Crew (D) Visas: INA §101(a)
(15)(C); 8 C.F.R. §214.2(c); 9 FAM 402.4-6; INA §101(a)(15)(D); 8
C.F.R. §214.2(d); FAM 402.8-3
E.3. Visas for Study (F-1 and M-1): INA §101(a)(15)(F); 8 C.F.R. §214.2(f); INA
§101(a)(15)(M); 8 C.F.R. §214.2(m); 9 FAM 402.5
9
E.3.a. Application Procedure and Requirements
E.3.b. Compiling the F-1 or M-1 Nonimmigrant Visa Application
E.3.c. Duration
E.3.d. Employment Eligibility
E.3.e. Spouses and Dependent Children
E.3.f. Travel Considerations for Those in F-1 Status
E.3.g. Reinstatement of Status
E.4. Visas for Exchange Visitors (J-1): INA §101(a)(15)(J); INA §212(e); 8 C.F.R.
§214.2(j); 22 C.F.R. §62; 9 FAM 402.5
E.4.a. Cultural Exchange Visitor Requirements for Specific J-1 Programs
E.4.b. Two-Year Residence Requirement
E.4.c. Spouses and Minor Children
E.5. Visas for Related Cultural Exchange Visa (Q): INA §101(a)(15)(Q); 8 C.F.R.
§214.2(q); 9 FAM 402.15
E.6. Visas for Special Education Exchange Visitors and Trainees (H-3): INA §101(a)
(15)(H); 8 C.F.R. §214.2(h)(7); 9 FAM 402.10-4(F)
F. VISA SUMMARY CHART
G. CONCLUSION
3 Nonimmigrant Visas for Intracompany Transferees, Trade and Investment, and

Professional Employment
A. VISAS BASED ON QUALIFYING TREATIES OF COMMERCE AND

NAVIGATION FOR TREATY TRADERS (E-1) AND TREATY INVESTORS (E-
2): 8 INA §101(a)(15)(E); 8 C.F.R. §214.2(e); 9 FAM 402.9
A.1. Sources of Law
A.2. Specific E Visa Requirements
A.2.a. Shared Requirements for Both E-1 and E-2 Visa Classification
A.2.b. Requirements for E-1 Treaty Trader
A.2.c. Requirements for E-2 Treaty Investor
A.3. Using the E Visa for Principal Investors, Executive Employees, Supervisory
Employees, and Essential Skills Employees
A.4. Compiling the E Nonimmigrant Visa Application
A.5. Duration of Stay
A.6. Spouses and Children
10
B. VISAS FOR INTRACOMPANY TRANSFEREES OF MULTINATIONAL
CORPORATIONS, MANAGERS AND EXECUTIVES (L-1A) AND
SPECIALIZED KNOWLEDGE (L-1B): INA §101(a)(15)(L); 8 C.F.R. §214.2(l); 9
FAM 402.12
B.1. Sources of Law
B.2. Specific Requirements
B.2.a. Qualifying Organization
B.2.b. Qualifying Employment
B.3. Duration of Stay for L Visa Holders
B.4. New Office L Classification
B.5. Blanket L Status
B.6. Compiling the L Nonimmigrant Visa Application
B.7. Spouses and Children
C. PROFESSIONAL SPECIALTY OCCUPATIONS (H-1B) AND SPECIALTY
WORKERS FROM SINGAPORE AND CHILE (H-1B1): INA §101(a)(15)(H); 8
C.F.R. §214.2(h); 20 C.F.R. §655; 9 FAM 402.10-4; INA §101(a)(15)(H)(I)(B1);
9 FAM 402.10-5
C.1. H-1B: Introduction and Sources of Law
C.2. H-1B Requirements
C.2.a. Qualifying Employer for H-1B Classification Purposes
C.2.b. Qualifying Position
C.2.c. Beneficiary’s Qualifications for H-1B Classification
C.2.d. The Department of Labor’s Labor Condition Application Requirement
C.2.e. Actual and Prevailing Wage Rate
C.2.f. Similar Working Conditions
C.3. Numerical Limitation: The H-1B Cap
C.4. Duration of Stay
C.5. Changes in Employment, Job Flexibility, and Transition from Student to
Professional Worker
C.6. Compiling the H-1B Nonimmigrant Visa Application
C.7. Termination of Status
C.8. Spouses and Children
C.9. Specialty Workers from Singapore and Chile (H-1B1)
D. CERTAIN SPECIALITY OCCUPATION PROFESSIONALS FROM
AUSTRALIA (E-3): INA §101(a)(15)(E)(III); 9 FAM 402.9-8
11
E. TN NAFTA PROFESSIONALS (TN): INA §214(e); 8 C.F.R. §214.6; 9 FAM
402.17
E.1. Requirements for TN Classification
E.2. Application Procedure and Duration
G. CONCLUSION
4 Nonimmigrant Visas for Extraordinary Ability, Religious Workers, and

Ancillary Activities
A. VISAS FOR INDIVIDUALS WITH EXTRAORDINARY ABILITY IN THE

SCIENCES, EDUCATION, BUSINESS, OR ATHLETICS (O-1A) AND ARTS,
MOTION PICTURE, OR TELEVISION INDUSTRY (O-1B): INA §101(a)(15)
(O); 8 C.F.R. §214.2(o)
A.1. Specific O Nonimmigrant Visa Requirements
A.1.a. Shared Requirements for Both O-1A and O-1B Nonimmigrant Visa
Classifications
A.1.b. Evidentiary Criteria
A.1.c. Consultation or Peer Advisory Opinion
A.1.d. Itineraries
A.1.e. Contract Between Petitioner and Beneficiary
A.1.f. Duration
A.2. Proving the Merits for O-1A Nonimmigrant Classification: Demonstrating
Extraordinary Ability in the Field of Sciences, Education, Business, or Athletics
A.3. Proving the Merits for O-1B Nonimmigrant Classification: Demonstrating
Extraordinary Ability in the Arts, and Extraordinary Achievement in the Motion
Picture or Television Industry
A.4. Compiling the O Nonimmigrant Petition
A.5. Changes in Employment and Permanent Residency
A.6. Visas for Derivatives of the Principal O-1 Foreign National
A.6.a. O-2 Visa Holders: Essential Support of O-1 Foreign Nationals
A.6.b. O-3 Nonimmigrant Visa Holders: Spouse and Children of O-1 Beneficiary
B. VISAS FOR ATHLETES (P-1) AND ARTISTS AND ENTERTAINERS (P-2
AND P-3): INA §101(a)(15)(P); 8 C.F.R. §214.2(p)
B.1. Shared Requirements for All P Classifications and Similarities to the O-1
12
Classification
B.2. Evidentiary Criteria for P-1 Athlete Classification
B.3. Evidentiary Criteria for P-1B Nonimmigrant Classification: Members of an
Internationally Recognized Entertainment Group
B.4. Evidentiary Criteria for P-2 Nonimmigrant Artists or Entertainers Under a
Reciprocal Exchange Program
B.5. Evidentiary Criteria for P-3 Nonimmigrant Artists or Entertainers Under a
Culturally Unique Program
B.6. Compiling the P Nonimmigrant Visa Petition
B.7. P-4 Nonimmigrant Visa Holders: Spouse and Children of P Beneficiary
C. VISAS FOR RELIGIOUS WORKERS (R-1): INA §101(a)(15)(R); 8 C.F.R.
§214.2(r)
C.1. Types of Religious Workers Eligible for R-1 Nonimmigrant Classification
C.2. Compensation for R-1 Nonimmigrant Workers
C.3. Site Inspections
C.4. Duration of Stay and Derivatives
C.5. Compiling the R Nonimmigrant Visa Petition
D. VISAS FOR INFORMATION MEDIA REPRESENTATIVES (I): INA §101(a)
(15)(I); 8 C.F.R. §214.2(i); 9 FAM 402.11
E. VISAS FOR TEMPORARY NONIMMIGRANT WORKERS (H-2): INA §101(a)
(15)(H); 8 C.F.R. §214.2(h)
E.1. Visas for Agricultural Work of a Temporary or Seasonal Nature (H-2A): INA
§101(a)(15)(H)(ii)(a); 8 C.F.R. §214.2(h)(5)
E.2. Visas for Non-Agricultural Work of a Temporary or Seasonal Nature (H-2B): INA
§101(a)(15)(H); 8 C.F.R. §214.2(h)(6)
E.3. Compiling the Petitions for H-2A and H-2B Nonimmigrant Classifications
G. VISAS FOR FOREIGN GOVERNMENT OFFICIALS (A): INA §101(a)(15)(A);
8 C.F.R. §214.2(a)
H. VISA FOR EMPLOYEES OF INTERNATIONAL ORGANIZATIONS AND
NATO (G): INA §101(a)(15)(G); 8 C.F.R. §214.2(g)
I. CONCLUSION
13
5 Asylum and Other Related Humanitarian Relief
A. OVERVIEW AND SOURCES OF LAW FOR ASYLUM

A.1. Sources of Law: INA §101(a)(42); INA §208; INA §209; 8 C.F.R. §208; 8 C.F.R.
§1208; 8 C.F.R. §1209
A.2. Definitions
A.2.a. Persecution
A.2.b. Agents of Persecution
A.2.c. Past Persecution
A.2.d. Well-Founded Fear of Future Persecution
A.3. The Enumerated Grounds
A.3.a. Race
A.3.b. Religion
A.3.c. Nationality
A.3.d. Membership in a Particular Social Group
A.3.e. Political Opinion
A.4. Standard of Proof and Credibility
A.5. Bars to Asylum Eligibility
A.5.a. One-Year Deadline
A.5.b. Persecutors
A.5.c. Convicted of an Aggravated Felony or Particularly Serious Crime
A.5.d. Firm Resettlement
A.5.e. Safe Third Country
A.5.f. Terrorism and Danger to U.S. Security
A.5.g. Multiple Asylum Applications
A.6. Denial, Revocation, or Termination of Asylum
B. ASYLUM PROCEDURE
B.1. Building the Asylum Case
B.2. Compiling the Affirmative Asylum Request
B.3. Defensive Asylum Claims
B.4. Frivolous Asylum Applications
B.5. Asylum Applicants and Employment Authorization
14
C. CREDIBLE AND REASONABLE FEAR INTERVIEWS: INA §235(b); 8 C.F.R.
§§208.30-31; 8 C.F.R. §§1208.30-31
D. BENEFITS OF ASYLUM GRANT
E. WITHHOLDING OF REMOVAL: INA §241(B)(3); 8 C.F.R. §208.16, 8 C.F.R.
§1208.16
F. CONVENTION AGAINST TORTURE: 8 C.F.R. §§208.16-18, 8 C.F.R.
§§1208.16-18
G. TEMPORARY PROTECTED STATUS AND DEFERRED ENFORCED
DEPARTURE: INA §244; 8 C.F.R. §244; 8 C.F.R. §1244
H. REFUGEES: INA §101(A)(42); INA §207; INA §209; 8 C.F.R. §201; 8 C.F.R.
§1207; 8 C.F.R. §209; 8 C.F.R. §1209
H.1. Determination of Refugees to the United States
H.2. Family Reunification
H.3. Adjustment of Status
H.4. Refugee Resettlement Program
I. COMPARISON OF REFUGEE AND ASYLUM STATUS
J. HUMANITARIAN PAROLE: INA §212(D)(5)(A)
K. CONCLUSION
6 Family Sponsored Immigration and Permanent Resident Status
A. PART I: FAMILY RELATIONSHIPS AND THE PETITIONING PROCESS

A.1. Sources of Law and Quotas: INA §§201-4; 8 C.F.R. §204
A.2. Family Preference Categories
A.3. Chargeability Issues
B. FAMILY RELATIONSHIPS UNDER IMMIGRATION LAW
B.1. Preferential Treatment of Immediate Relatives
C. THE RELATIVE PETITION
C.1. Petitions for Spouses
C.2. Petitions for Children and Siblings
C.3. Adam Walsh Child Protection and Safety Act
C.4. Documenting the Relationship
15
C.5. Benefits of the Child Status Protection Act
C.5.a. CSPA Benefits for Children of U.S. Citizens
C.5.b. CSPA Benefits for Children of Lawful Permanent Residents
D. TERMINATION AND REVOCATION OF IMMIGRANT VISAS: INA §205; 8
C.F.R. §205
E. IMMIGRATION BENEFITS AVAILABLE WHEN A PETITIONER DIES: 8
C.F.R. §204.2
E.1. Immigration Benefits Available to Widow(er)s When Spouse Dies Before Petition
Filed
E.2. Immigration Benefits Available When Petitioner Dies After Petition Filed
F. COMPILING THE APPLICATION PACKAGE FOR A RELATIVE PETITION
G. PART II: BECOMING A LAWFUL PERMANENT RESIDENT THROUGH
ADJUSTMENT OF STATUS IN THE UNITED STATES OR CONSULAR
PROCESSING ABROAD: INA §245; 8 C.F.R. §245
G.1. Adjustment of Status in the United States
G.2. Compiling the Adjustment Application
G.2.a. Form I-485, Application to Register Permanent Residence or Adjust Status
G.2.b. Form G-28, Notice of Entry of Appearance as Attorney or Accredited
Representative
G.2.c. Form G-325A, Biographic Information
G.2.d. Form I-94 Arrival/Departure Record
G.2.e. Birth Certificates and Immigration Medical Examination
G.2.f. Form I-864, Affidavit of Support
G.2.g. Certified Dispositions
G.2.h. Form I-765, Application for Employment Authorization
G.2.i. Form I-131, Application for a Travel Document
G.2.j. Photographs and Fees
G.3. Inadmissibility Issues and Waivers
G.3.a. Unlawful Presence and Provisional Waiver
G.3.b. Section 245(i) of the Immigration and Nationality Act
G.4. Submitting the Application
H. CONSULAR PROCESSING
I. POST INTERVIEW
I.1. Conditional Residency: INA §216; 8 C.F.R. §216
16
J. FIANCé(E)S: INA §101(A)(15)(K)
K. CONCLUSION
7 Employment-Based and Self-Sponsored Immigration
A. OVERVIEW AND SOURCES OF LAW

B. SHARED REQUIREMENTS FOR PERMANENT RESIDENCY CATEGORIES
C. PRIORITY WORKERS, ALIENS WITH EXTRAORDINARY ABILITY,
OUTSTANDING PROFESSORS AND RESEARCHERS, AND CERTAIN
MULTINATIONAL EXECUTIVES AND MANAGERS (EB-1): INA §203(b)(1)
(A), 8 C.F.R. §204.5(h); 8 C.F.R. §204.5(i); 8 C.F.R. §204.5(j)
C.1. EB-1A Aliens with Extraordinary Ability in the Sciences, Arts, Education, Business,
or Athletics
C.2. EB-1B for Outstanding Researchers and Professors
C.3. EB-1C for Certain Multinational Executives and Managers
C.4. Compiling the EB-1 Priority Worker Petition
D. ADVANCED DEGREE PROFESSIONALS (EB-2) AND SKILLED WORKERS,
PROFESSIONALS, AND OTHER WORKERS (EB-3), AND THE PERM
LABOR CERTIFICATION APPLICATION PROCESS: INA §203(b)(2); INA
§203(b)(3); 8 C.F.R. §204.5(k); 8 C.F.R. §204.5(l); 20 C.F.R. §656
D.1. EB-2 for Advanced Degree Professionals
D.2. EB-3 for Skilled Workers, Professionals, and Other Workers
D.3. Labor Certification Application: The PERM process
D.3.a. Step 1: Identify Minimum Requirements and Draft the Job Description
D.3.b. Step 2: Confirm that the Foreign National Satisfies the Employer’s
Minimum Requirements
D.3.c. Step 3: Prevailing Wage Determination
D.3.d. Step 4: Recruitment
D.3.e. Step 5: PERM Filing Procedure and Document Retention Requirements
D.4. Determinations
E. PROCEDURE FOR EB-2 AND EB-3 LABOR CERTIFICATION CASES
17
E.1. Compiling an EB-2 and EB-3 Petition Based on Labor Certification
F. EXCEPTIONS TO THE PERM LABOR CERTIFICATION APPLICATION
PROCESS, NATIONAL INTEREST WAIVERS (EB-2), AND EB-2 OR EB-3
SCHEDULE A LABOR CERTIFICATION: INA §203(b)(2)(A); 8 C.F.R.
§204.5(k); 8 C.F.R. §204.12
F.1. EB-2 National Interest Waiver for Advanced Degree Professionals, Those with
Exceptional Abilities, and for Physicians Working in Shortage Areas or Veterans
Facilities
F.2. Schedule A Occupations
G. CERTAIN SPECIAL IMMIGRANTS, INCLUDING RELIGIOUS WORKERS
(EB-4): INA §101(a)(27)(C); 8 C.F.R. §204.5(m)
G.1. Compiling the EB-4 Religious Worker Petition
H. INVESTOR VISA (EB-5): INA §203(b)(5); 8 C.F.R. §204.6
H.1. Compiling the EB-5 Petition
I. OTHER CATEGORIES: INA §203(c); 22 C.F.R. §42.33
I.1. Diversity Visa Lottery
I.1.a. Procedure for DV Immigrants
J. CONCLUSION
8 Immigration Relief for Vulnerable Populations
A. OVERVIEW AND SOURCES OF LAW PROTECTING IMMIGRANT

VICTIMS OF DOMESTIC ABUSE AND CRIMES: INA §204; 8 C.F.R. §204.2
A.1. Petitions Based on Marriage
A.1.a. Validity of the Marriage and Residency Requirements
A.1.b. Proof of Immigration Status of the Abuser
A.2. Petitions by Children
A.3. Parents
B. QUALIFYING CRITERIA FOR RELIEF
B.1. Battery or Extreme Cruelty
B.2. Good Moral Character
C. COMPILING THE VAWA PETITION
18
D. PROCESSING THE VAWA SELF-PETITION
D.1. Prima Facie Finding
D.2. Deferred Action Status
D.3. Inadmissibility Issues
D.4. Affirmative Petitions vs. Defensive Applications
D.5. Confidentiality
E. REMOVAL OF CONDITIONS FOR ABUSED CONDITIONAL LAWFUL
PERMANENT RESIDENTS: INA §216; 8 C.F.R. §216
E.1. Compiling the Removal of Conditions Petition
F. U NONIMMIGRANT STATUS, VICTIMS OF ENUMERATED CRIMES: INA
§101(a)(15)(U); 8 C.F.R. §214.14
F.1. Eligibility for the U Nonimmigrant Status
F.2. Certification for Qualifying or Enumerated Crimes
F.3. Substantial Physical or Emotional Abuse
F.4. Identifying the Victim
G. COMPILING THE U NONIMMIGRANT STATUS PETITION
G.1. Petitions for Qualifying Derivative Family Members
H. U NONIMMIGRANT STATUS BENEFITS
I. U NONIMMIGRANT PETITIONERS IN REMOVAL PROCEEDINGS
J. ADJUSTMENT OF STATUS FOR U NONIMMIGRANT STATUS
RECIPIENTS: INA §245(m); 8 C.F.R. §245.24
J.1. Compiling the Application for U Nonimmigrant Adjustment of Status
K. T NONIMMIGRANT STATUS, SEVERE FORMS OF HUMAN
TRAFFICKING: INA §101(a)(15)(T); 8 C.F.R. §214.11
K.1. Eligibility for T Nonimmigrant Status
K.2. Protection for Victims in the United States
K.2.a. Continued Presence and Eligibility for Public Benefits
L. APPLYING FOR T NONIMMIGRANT STATUS
L.1. Compiling the T Nonimmigrant Status Application Package
L.2. Applications for Qualifying Derivative Family Members
M. T NONIMMIGRANT STATUS BENEFITS
N. T NONIMMIGRANT APPLICANTS IN REMOVAL PROCEEDINGS
O. ADJUSTMENT OF STATUS FOR T NONIMMIGRANT STATUS
RECIPIENTS: INA §245(l); 8 C.F.R. §245.23
O.1. Compiling the Application for T Nonimmigrant Adjustment of Status
19
P. DIFFERENCES AND SIMILARITIES BETWEEN U AND T
NONIMMIGRANT ADJUSTMENT OF STATUS APPLICATIONS
Q. SPECIAL IMMIGRANT JUVENILE STATUS: INA §101(a)(27)(J); 8 C.F.R.
§204.11
Q.1. Obtaining a Dependency Order
R. FILING THE SIJ APPLICATION AFTER THE STATE COURT ORDER IS
ISSUED
R.1. Affirmative Applications
R.2. Defensive Applications
S. CHILDREN IN THE CUSTODY OF THE DEPARTMENT OF HEALTH AND
HUMAN SERVICES, OFFICE OF REFUGEE RESETTLEMENT
T. DEFERRED ACTION FOR CHILDHOOD ARRIVALS, OR DACA
U. CENTRAL AMERICAN MINORS REFUGEE/PAROLE PROGRAM, OR CAM
V. CONCLUSION
9 Grounds of Inadmissibility and Deportation
A. THE CONCEPTS OF ADMISSION AND DEPORTATION

A.1. Admission and Admitted
A.2. Deportation
B. GROUNDS OF INADMISSIBILITY
B.1. Health-Related Grounds: INA §212(a)(1)
B.2. Criminal Grounds: INA §212(a)(2)
B.2.a. Definition of Conviction
B.2.b. Inadmissibility Based on Specific Criminal Offenses
B.3. Security and Related Grounds: INA §212(a)(3)
B.4. Public Charge: INA §212(a)(4)
B.5. Labor Certification and Qualifications for Certain Immigrants: INA §212(a)(5)
B.6. Illegal Entrants and Other Immigration Violators: INA §212(a)(6)
20
B.6.a. Aliens Present Without Permission or Parole: INA §212(a)(6)(A)
B.6.b. Failure to Attend a Removal Proceeding: INA §212(a)(6)(B)
B.6.c. Misrepresentation: INA §212(a)(6)(C)
B.7. Documentation Requirements: INA §212(a)(7)
B.8. Ineligible for Citizenship: INA §212(a)(8)
B.9. Aliens Previously Removed: INA §212(a)(9)
B.9.a. Departing the United States After Being Unlawfully Present: INA §212(a)
(9)(B)
B.10. Miscellaneous Grounds: INA §212(a)(10)
B.11. Waiver to Facilitate Temporary Admission of Nonimmigrants: INA §212(d)(3)
C. GROUNDS OF DEPORTATION: INA §237
C.1. Inadmissible at Time of Entry or Adjustment of Status or Violates Status: INA
§237(a)(1)
C.2. Criminal Offenses: INA §237(a)(2)(A)
C.2.a. General Crimes: INA §237(a)(2)(A)
C.2.b. Controlled Substances: INA §237(a)(2)(B)
C.2.c. Firearms Offenses: INA §237(a)(2)(C)
C.2.d. Miscellaneous Crimes: INA §237(a)(2)(D)
C.2.e. Domestic Violence Crimes: INA §237(a)(2)(E)
C.3. Failure to Register and Falsification of Documents: INA §237(a)(3)
C.3.a. Change of Address: INA §237(a)(3)(A)
C.3.b. False Documents: INA §237(a)(3)(B)
C.4. Security Related Grounds: INA §237(a)(4)
C.5. Public Charge: INA §237(a)(5)
C.6. Unlawful Voters: INA §237(a)(6)
D. INADMISSIBILITY VS. DEPORTATION
E. AGENCIES INVOLVED IN INADMISSIBILITY AND DEPORTATION
DECISION MAKING
E.1. The Decision Makers
E.1.a. U.S. Consulates
E.1.b. Enforcement Agencies
E.1.c. Executive Office for Immigration Review
E.2. Comparison of the Grounds
F. CONCLUSION
10 Immigration Court Practice and Relief from Removal
21
A. OVERVIEW OF THE REMOVAL PROCESS
A.1. Notice to Appear
A.2. Notice of Hearing
A.3. Authorized Legal Representatives
B. IMMIGRATION COURT HEARINGS
B.1. The Master Calendar Hearing
B.1.a. Obtaining a Copy of the Immigration File
B.1.b. Pleadings
B.1.c. Pre-Hearing Voluntary Departure
B.2. The Individual Hearing
B.2.a. Case Preparation
B.2.b. Case Proceedings
B.3. Evidence Rules in Immigration Court
B.4. Decision of the Immigration Judge
B.5. Post-Hearing Voluntary Departure
C. EXPEDITED REMOVAL PROCEEDINGS
D. DETENTION
D.1. Mandatory Detention
E. MOTIONS PRACTICE IN IMMIGRATION COURT
E.1. Motion to Reopen
E.2. Motion to Reconsider
E.3. Motion to Change Venue
F. ADMINISTRATIVE CLOSURE
G. APPEALS PRACTICE
H. FEDERAL COURT PRACTICE
I. RELIEF AVAILABLE IN REMOVAL PROCEEDINGS
I.1. Adjustment of Status
I.2. Cancellation of Removal
I.3. Cancellation of Removal for LPRs
I.4. Non-LPR Cancellation of Removal
I.5. Cancellation of Removal Under the Violence Against Women Act, or VAWA
J. NACARA AND OTHER FORMS OF CANCELLATION OF REMOVAL
22
K. CONCLUSION
11 Citizenship and Naturalization
A. OVERVIEW OF CITIZENSHIP
A.1. Sources of law
A.2. Advantages of Citizenship
B. CITIZENSHIP BASED ON BIRTH IN THE UNITED STATES
C. CITIZENSHIP THROUGH NATURALIZATION
C.1. The Applicant Must Be at Least 18-Years Old
C.2. The Applicant Must Be a Lawful Permanent Resident for a Continuous Period
C.3. Absences from the United States: Continuous Residence and Physical Presence
Requirements
C.3.a. Continuous Residence
C.3.b. Physical Presence
C.4. Good Moral Character
C.4.a. Individuals on Probation or Parole
C.4.b. Selective Service
C.4.c. Payment of Taxes
C.4.d. Dependent Support
C.4.e. Voting
C.4.f. Marriage Fraud
C.4.g. Evidence to Demonstrate Good Moral Character
C.4.h. Literacy and Civics
C.5. Exemptions, Waivers, and Reasonable Accommodation
C.6. Bars to Naturalization and the Oath of Allegiance
D. THE NATURALIZATION APPLICATION PROCESS
D.1. Compiling the Application for Naturalization
D.2. The Final Steps of the Naturalization Application
E. DERIVATIVE CITIZENSHIP: INA §320
23
E.1. Compiling the Application for Proof of Derivation
F. CITIZENSHIP BY ACQUISITION: INA §301
G. ACQUISITION OF CITIZENSHIP FOR CHILDREN WHOSE PARENTS
REGULARLY LIVE ABROAD: INA §322
H. LOSS OF CITIZENSHIP
H.1. Expatriation
H.2. Denaturalization
I. CONCLUSION
12 Managing an Immigration Practice
A. TYPES OF IMMIGRATION PRACTICES

A.1. The Private Immigration Law Firm and Corporate Offices
A.2. Nonprofit Organizations Recognized by the Board of Immigration Appeals and
Accredited Representatives
B. CASE ASSESSMENT
B.1. Filing a FOIA
B.2. Obtaining Criminal Records
C. CONDUCTING THE INTAKE OR INITIAL CONSULTATION
D. RETAINER OR REPRESENTATION AGREEMENTS
D.1. Payment of Fees
E. GATHERING EVIDENCE FOR SUBMISSION
F. EXAMINING IMMIGRATION OPTIONS
G. MANAGING AN IMMIGRATION CASE AND RESPONDING TO
REQUESTS FROM THE USCIS
G.1. Responding to USCIS Requests for Evidence or Notices of Intent to Deny
24
H. FILING SYSTEMS
I. ETHICAL ISSUES ARISING DURING THE COURSE OF REPRESENTATION
J. CONFLICT OF INTEREST
K. SPECIAL PROFESSIONAL CONDUCT RULES FOR PRACTITIONERS OF
IMMIGRATION LAW
L. CONCLUSION
Glossary
Index
25
Figure 1.1. Government Entities Involved in Implementing and Interpreting
Immigration Laws
Figure 1.2. Government Agencies Involved in the Administration of Immigration
Laws
Figure 1.3. Nonimmigrant Visa Document
Figure 1.4. New I-94 Document
Figure 1.5. Old I-94 Arrival/Departure Record Document
Figure 1.6. Immigrant Visa Document
Figure 1.7. Temporary I-551 Stamp
Figure 1.8. Previous Sample Permanent Resident Card
Figure 1.9 Current Permanent Resident or I-551 Card, Front and Back
Figure 1.10. Employment Authorization Card, Front and Back
Figure 1.11. Form G-28, Notice of Entry of Appearance as Attorney or Accredited
Representative
Figure 1.12. Form I-797C, Notice of Action Receipt Notice
Figure 1.13. Request for Evidence
Figure 1.14. Sample Form I-797, Notice of Action Approval
Figure 1.15. Sample Form I-797A, Notice of Action Approval Status Grant
Figure 2.1. Form I-20, Certificate of Eligibility for Nonimmigrant Student Status
Figure 3.1. E Visa Acquisition Map

Figure 3.2. L-Visa Acquisition Map
Figure 3.3. Qualifying Corporate Relationships for L-Visa Purposes
Figure 3.4. H-1B Acquisition Map
Figure 5.1. Sample Form I-589, Application for Asylum and for Withholding of
Removal
26
Figure 5.2. Sample Asylum Application Receipt Notice
Figure 5.3. Sample Form I-797C, Notice of Action for Biometrics Appointment
Figure 5.4. Typical Route of an Affirmative Asylum Application
Figure 5.5. Instructions for Submitting Certain Applications in Immigration Court
Figure 5.6. Typical Route of a Defensive Asylum Application
Figure 5.7. Sample Frivolous Application Warning
Figure 6.1 Typical Route of an Adjustment Application

Figure 6.2 Typical Route of Immigrant Visa Consular Processing
Figure 7.1. Department of Labor’s Five Job Zones: Information and Specific
Vocational Preparation
Figure 7.2. Sample Prevailing Wage Determination
Figure 7.3. Sample Notice of Filing
Figure 7.4. Sample PERM Application
Figure 8.1. Sample Notice of Extension of Status
Figure 9.1 Grounds of Inadmissibility and Deportation
Figure 10.1 Notice to Appear

Figure 10.2 Notice of Hearing
Figure 10.3 Notice of Entry of Appearance as Attorney or Representative Before the
Immigration Court
Figure 10.4 Sample Written Pleading
Figure 10.5 Sample Proof or Certificate of Service
Figure 10.6 Sample Minute Order
Figure 10.7 Post-Order Instructions for Individuals Granted Relief or Protection from
Removal by Immigration Court
Figure 10.8 Sample Proposed Order
Figure 10.9 Sample Notice of Intent to Offer Evidence in Cancellation of Removal
Case
Figure 11.1 Sample Form N-648, Medical Certification for Disability Exceptions
Figure 11.2 USCIS Chart 3 on Derivative Citizenship: INA §320
Figure 11.3 USCIS Chart 1 on Acquisition of Citizenship for Children Born in
27
Wedlock: INA §301
Figure 11.4 USCIS Chart 1 on Acquisition of Citizenship for Children Born Out of
Wedlock: INA §301
Figure 11.5 USCIS Chart on the Acquisition of Citizenship for Children Whose
Parents Regularly Live Abroad: INA §322
Figure 12.1 Form I-797C, Notice of Action Receipt with Electronic Tracking
Figure 12.2 Sample Engagement Letter Used in Employment-Based Immigration
Cases
Figure 12.3 Sample Service Fee Agreement Used by a NonProfit Organization
28
Table 1.1. Selection of Nonimmigrant Visa Categories
Table 1.2. Selection of Immigrant Visa Categories
Table 2.1. Chart of Nonimmigrant Visas

Table 2.2. Visa Reciprocity Table for China
Table 2.3. Current Visa Waiver Program Designated Countries
Table 2.4. Some Sample Valid Uses of the B-1 Visa Classification with FAM Citation
Table 2.5. Exchange Visitor Programs
Table 2.6. Summary of Major Nonimmigrant Status Classifications
Table 3.1. Comparison of Nonimmigrant Visas
Table 4.1. Summary Comparison of Nonimmigrant Visas
Table 5.1. Comparison of Asylum, Withholding, and Convention Against Torture

Reliefs
Table 5.2. Immigration Forms for TPS and DED
Table 5.3. Comparison Chart of Refugee and Asylum Status
Table 6.1. State Department Visa Bulletin, July 2015

Table 6.2. State Department Visa Bulletin May 2016: Application Final Action Dates
for Family-Sponsored Preference Cases
Table 6.3. State Department Visa Bulletin May 2016: Dates for Filing Family-
Sponsored Visa Applications
Table 7.1. State Department Visa Bulletin, July 2015

Table 7.2. State Department Visa Bulletin May 2016: Application Final Action Dates
29
for Employment-Based Preference Cases
Table 7.3. State Department Visa Bulletin May 2016: Dates for Filing Employment-
Based Visa Applications
Table 8.1. Comparison Between U and T Nonimmigrants Applying for Adjustment

of Status
Table 9.1. General Categories of Crimes Involving Moral Turpitude (CIMTs)

Table 9.2. Comparison of Inadmissibility and Deportation Statutory Provisions
Table 9.3. Waivers to Ameliorate Inadmissibility or Deportation
Table 9.4. General Comparison of Inadmissibility and Deportation
Table 11.1. Conditional Bars to Good Moral Character for Acts Committed in
Statutory Period
30
Today, the population of foreign-born residents living in the United States on a long-term
basis is the highest it has ever been in the history of the nation. According to the Migration
Policy Institute, in 2013 the United States had 41.3 million foreign-born residents,
representing 13 percent of the total U.S. population of 316.1 million people.1 Since almost
all foreign-born residents interact at some point with the U.S. immigration system,
immigration law and policy is a growing field with dramatic impact on the foreign-born,
their family members, and the U.S. workforce.
Applying immigration law in a particular case can work to protect refugees, bring
needed workers to the U.S, and reunite families, but it can also result in family separation
or forced return of a foreign national to that person’s home country. Given the high stakes
involved in an immigration case, all practitioners have an obligation to be well informed
and to work within the legal and ethical scope of their profession.
Between us, we have more than 25 years of immigration law experience in nonprofit
organizations. Working from this experience, we sought to offer a book that would be
easily accessible to both students and teachers, recognizing that, in today’s world, both are
engaged in busy lives. Because we lacked extensive knowledge of working with those
seeking immigration benefits through employment, we turned to wonderful colleagues in
the immigration bar to assist us. Their contributions regarding employment-based
immigration law issues have been invaluable. Through our combined efforts, we sought to
provide a comprehensive textbook covering most aspects of immigration law today. We
hope that Understanding Immigration Law and Practice goes some way toward achieving
that goal. Our hope is that the book can be used in college-level courses exploring
immigration law, while also teaching paralegals and others fundamental substantive law and
procedure. It can also be used outside the classroom by paralegals, legal practitioners, and
attorneys who, new to the field of immigration, may wish to refer to it as a guide and
resource while they learn to navigate this complex area of law.
In this text, we sought to condense the complicated laws and regulations that make up
our immigration system into user-friendly yet comprehensible chapters. It has been a
challenge to decide what to include and what to leave out. The book could easily have been
three times in length, but that would not have achieved our objective. We have focused on
what we considered to be the most important areas to cover. For the more complex issues
dealing with those with criminal convictions, we have chosen not to delve too deeply, as
31
more often than not, these cases require the expertise of a lawyer with a criminal law
background or access to someone whose practice focuses on this companion area of law.
Rather, we have tried to focus more on issue spotting so that the practitioner might know
when to seek assistance from others.
In order to make the book accessible, we offer various scenarios as examples, placing
information in contexts that illuminate the lives of those needing representation. Because
we believe that posing questions is an invaluable aid to test comprehension and creates a
gateway for deeper exploration of the material, we have included numerous “Cases for
Discussion,” with answers deliberately omitted from the text but available in the online
Instructor’s Manual. These and the examples used throughout the text emanate from cases
we have been involved in through our client interactions and, therefore, offer real-world
problems for beginning practitioners to consider. We have included a glossary of terms and
acronyms, which are in boldface when they appear in the text for the first time. Other tools
for students include learning objectives, marginal notes clarifying key vocabulary, which are
in boldface and italicized, and numerous documents and other illustrative materials
generated in the course of actual practice.
The last item points to a central aspect of this text. The facts behind many of the
examples and cases for discussion are based on real-life situations on which we have advised
over the years in the course of direct client representation, although clients’ names have
been changed to protect their privacy. We have found in our classes that using real cases
brings to life the myriad experiences of and problems faced by those who come into contact
with the U.S. immigration system. They assist students in translating legal rules and theory
into practice. With that necessity in mind, we have sought to balance coverage of statutory
and procedural rules with insights into practical information.
We have chosen to use the words “foreign national” rather than “alien” or “illegal
alien” when addressing those who are neither U.S. citizens or lawful permanent residents,
or who are here temporarily. We also use this term for those who, for various reasons, may
not have permission to be in the United States and are therefore undocumented. We chose
this terminology for both the text and for reproduced statutory and regulatory language.
Those seeking the unaltered language will need to refer to the original source, which is
good practice in any event.
A companion Instructor’s Manual is available online to assist those wishing to teach
substantive or procedural immigration law or both. As noted, it includes what we consider
appropriate responses to the text’s numerous “Cases for Discussion.” As with immigration
law broadly, these suggested responses take into account the many variables involved in
reaching a satisfactory solution. The Manual also contains sample PowerPoint slides, tested
in the classroom, that can be used in whole or in part, as well as sample lesson plans.
Additional Cases for Discussion, entire class or small group exercises for enhanced learning,
and ideas for homework assignments calling for analyzing fact patterns and applying legal
principles are also included. Finally, suggestions for in-class computer-based exercises
provide teachers with tools to familiarize students with techniques for researching the
information necessary to corroborate an application.
32
Today, much of the practice of immigration law depends on the Internet, which is
used extensively by the government agencies responsible for implementing the laws in this
area. Readers should always check relevant websites and other source material to ensure
they have the latest information.
Immigration law is never static. As an instrument of public policy, it is always
changing as societal goals and public priorities change. New immigration benefits can be
created, and others eliminated; forms are updated and new procedures announced. We
have done our best to incorporate significant changes through March 2016, but urge
readers to do their own due diligence with respect to keeping abreast of possible changes as
they use this text. Providing complete and definitive information on this fluctuating area of
law would not be possible. Rather, our goal for this text has been to provide readers with
the tools they will need to conduct their own analysis and research and, more importantly,
to spark their interest in a field we find both challenging and rewarding.
ACKNOWLEDGMENTS
The process of writing a book is never an easy endeavor. In fact, many times along the way,
we found ourselves relating to George Orwell who once wrote, “[w]riting a book is a
horrible, exhausting struggle, like a long bout of some painful illness.” For two lawyers with
no experience of book writing, we received moral, intellectual, and sustaining support
during those difficult times from many people who assisted or provided guidance along the
way. First and foremost, we wish to thank our two contributors, Jonathan Grode, of Green
and Spiegel LLC, and Wendy Hess, of Landau, Hess, Simon, and Choi, our business
immigration gurus who wrote Chapters 2 through 4 and Chapter 7, respectively. Without
their expertise and insights, this book would not be complete. We would also like to thank,
with great gratitude, the Goldblum and Pollins team of Maria Fritzinger Elias (for the
many hours she devoted to answering our questions, sometimes late into the night!), and
Karen Pollins and Yuah Jessica Choi of Landau, Hess, Simon, and Choi, three exceptional
attorneys without whom Chapter 7 would never have been written. To the team at Green
and Spiegel, we thank Andrew Rodgers, Lindsay Parnell, John Rowan, and Marc Kaplan
for their assistance in writing, editing, and reviewing Chapters 2 through 4.
A hearty “thank you” to our colleagues at HIAS Pennsylvania, from whom we have
learned so much over the years. Their commitment to excellence in practice and to the
immigrants and refugees we serve is without equal. In particular, we wish to thank Lori
Alexander, whose almost 40 years of working in the immigration field has made her an
invaluable asset; she reviewed a number of our chapters and always offered helpful
suggestions, from the perspective of someone who could recite much of the information in
this book in her sleep. Our deepest thanks as well to Elizabeth Yaeger and Stephanie Costa,
who were always willing to offer anecdotal information, statutory analysis, and legal
procedure when requested.
Thank you to our friends in the Philadelphia Immigration Bar who offered their
assistance, in particular Wayne Sachs of the Sachs Law Group, LLC, who reviewed and
33
offered critical suggestions for improving Chapter 10, and Thomas Griffin of Surin &
Griffin, P.C., who did likewise for Chapter 6; your critiques were always constructive, and
we thank you. Our thanks also to William Stock, of Klasko Immigration Law Partners,
LLP, and current President of the American Immigration Lawyers Association, for the
business-based sample retainer agreement used in Chapter 12. Thank you to Kelsey Logar,
a recent law graduate of the Thomas R. Kline School of Law at Drexel University, who
fact-checked our citations and kept us on track. We would also like to take this opportunity
to recognize a stellar Philadelphia immigration lawyer, Lisa Baird, the first attorney to join
the staff of HIAS PA and who mentored us both early in our careers, but sadly passed away
too soon.
Many thanks to the staff at Wolters Kluwer, particularly Susan Boulanger, who
provided guidance and encouragement in equal measure. Your assistance saw us through
when there appeared to be no end in sight. To Sarah Hains of The Froebe Group, who
shepherded two rookies through a complex maze that is the book production process, but
made sure we made it to the other side unscathed and full of new and useful information.
You did a great job of teaching us what we needed to know, all the while being patient,
firm, and amusing! We definitely appreciated your professionalism. And, to the many who
reviewed the book and offered suggestions that have greatly improved our original drafts,
we thank you.
Finally, we thank our many friends and our families—particularly Karl Baker, Kira
Baker-Doyle, Akil Dasan Baker, Noah Gansallo, Obafemi Shokoya, Adekunle Shokoya,
and Adewale Shokoya—who have encouraged us all along the way. Without your support,
this book might never have been completed.
—Ayodele Gansallo and Judith Bernstein-Baker
1 J. Zong and J. Batalov, Frequently Requested Statistics on Immigrants and Immigration in the United States (February
26, 2015), available at http://www.migrationpolicy.org/article/frequently-requested-statistics-immigrants-and-
immigration-united-states.
34
35
Another random document with
no related content on Scribd:
Bringing in a finback. The harpoon rope is being cut from the iron
in the whale.
I shouted to Sorenson and jumped to the starboard side where, by

leaning far out, I could see the swirling green spot in the mirror of
my camera. With a rush the mother whale came to the surface,
followed a second later by her calf. Sorenson hesitated, swung the
gun a little to one side and fired. The great cloud of smoke blown
backward in our faces shut out the water ahead, but in a few
moments it lifted and I was surprised to see the whale lying on its
side at the surface, apparently dead. It was the first time I had ever
seen a finback float, although I had been told that occasionally they
did not sink when killed.
While the animal was being secured and the air pump started, I
climbed to the barrel to watch the movements of the calf. The little
fellow refused to leave his dead mother and circled around and
around the boat within easy gunshot. Although he was swimming
low in the water, showing only a small part of his back above the
surface, I exposed a plate each time he came near, until the stock of
negatives had been exhausted.
A finback lying in the water at Aikawa just before it is “cut in.”
In a short time Sorenson had the gun reloaded and stood ready for
a shot at the calf when next he came within range. From the
masthead I could look far down into the clear water and once saw the
little finback rising almost under the vessel. I shouted a warning to
the men below and as he reached the surface the harpoon crashed
into his side, going almost through him.
Drawing up a finback at Aikawa, Japan.
When I had descended to the deck and stood beside Captain

Grahame on the bridge his face was beaming with smiles. Pulling out
his watch, he said:
“It’s only ten o’clock and I think we will tow these three in. The rest
of the bunch are scattered now, but maybe they will come together
this afternoon, and we can get back in time for the evening hunting.”
In half an hour all the whales had been made fast to the bow and
the engines were throbbing monotonously as the sturdy little vessel
plowed her way through the water toward the station, leaving a long
black trail across the blue sky behind.
CHAPTER XIV
SHIPS ATTACKED BY WHALES
After I left Alaska the Tyee Company put into service a wooden whale
ship called the Sorenson, which in 1910 was sunk by a finback. The
animal had been struck by one iron and, suddenly going into its
death flurry, began charging madly in every direction.
The long slender body of a finback lying on its side; the outer
edges of the whalebone plates in the mouth are well shown.
In one of its wild dashes the sixty-ton whale, coming at a speed of
probably twenty-five knots per hour, drove straight into the ship,
crushing her side like an eggshell and tearing her almost apart. The
vessel filled so rapidly that the crew were hardly able to get a small
boat over before she went down. Later the men were all rescued.
J. G. Millais, Esq., says of the finback:
Space will not allow me to give any of the numerous stories of the exciting hunts
to which one listens in the galley and the cabin of the Atlantic Finwhalers, but they
prove that the chase of this great Whale calls for the sternest courage and readiest
resource.
To stand up in a tiny “pram” amidst a whirl of waters and lance a fighting
Finback is no child’s play, and requires that six o’clock in the morning pluck that
the Norsemen possess in a high degree. Many accidents have occurred to the boat
crews when engaged in “lancing,” and one or two to the steamers themselves.
The whaler Gracia, belonging to Vadso, was sunk by a Finner in 1894 in the
Varanger Fjord. In 1896 the Jarfjord was sunk in ten minutes by one of these
Whales charging it, when about sixty miles north of the North Cape. A heavy sea
was running at the time, and the crew crowded into two small prams, which would
probably have been overwhelmed had not Captain Castberg, hunting in another
steamer, come to their rescue.[7]
7. “The Mammals of Great Britain and Ireland.” By J. G. Millais. Longmans,
Green, & Co., p. 271.
Without doubt practically all ships which have been injured or
sunk by whales have been struck by accident. Just before a whale
dies it goes into what is called the death flurry and dashes wildly
about in every direction. If a ship or boat happens to be near it
stands an excellent chance of being rammed, for the animal is utterly
blind in its rushes.
The sperm is an exception to the rule of purely accidental attacks,
however, for there are many well authenticated instances of whales
of this species, while only slightly wounded and not in the death
flurry, deliberately sinking boats and even three-hundred- or four-
hundred-ton vessels.
The spout of a finback whale. The column of vapor rises to a
height of about twenty feet.
Almost every deep-sea whaleman has stories to tell of “rogue”

sperms, which are usually old bulls that have sought a solitary life
either from choice or ostracism from the main herd. Such animals
are often vicious and sometimes turn furiously upon the boats when
struck with an iron.
The “devilfish,” or California gray whale, had a bad reputation
among the whalers of fifty years ago, for when attacked upon its
breeding grounds it is said to have fought fiercely for the protection
of its young. Under such circumstances its actions would
undoubtedly be very different from what I have observed when gray
whales were killed near Korea, where we had no more trouble than
with other species.
At sea it is often impossible to distinguish the blue and finback
whales by the way they blow. The columns of vapor are much alike
under ordinary circumstances, except that the spout of the blue
whale is usually somewhat higher than is the finback’s. However,
much depends upon the size of the animal, since a large finback will
often blow as strongly as a small blue whale. But if not far away the
blue whale may be easily known by the light gray-blue color of its
body, for it contrasts strongly with the dark slate upper parts of the
finback which, when dripping with water, often look almost purplish.
The Norwegian name blahval was given to the greatest of all living
creatures because of the distinctly bluish color of its body. The
Newfoundland and American whalemen call the animal “sulphur-
bottom,” a most inappropriate name, for there is no suggestion of
yellow on its body. The Japanese know it as shiro-nagasu (the white
finback).
The diving movements of the two species are also similar except
that in rare instances a blue whale will draw out its flukes when
sounding, while a finback never does. Each one ascends obliquely,
delivering the spout as soon as its head appears at the surface, and
each slowly revolves, lifting its body high out of the water as it goes
down. But the finback is more regular in its movements when
traveling than is its larger relative. Then it will swim as straight as an
arrow, not varying a quarter of a point from its course, and blow at
regular intervals.
A finback whale “sounding” or taking the “big dive.”

The blue whale, even when not frightened, spouts very irregularly.
Under ordinary circumstances it will blow from eight to fifteen times
at a rising and always with a tremendous noise. The sound is a
metallic, whistling roar which can be heard at a distance of three or
four miles if there is a fog or the sea is calm. I always have a feeling of
admiration when watching either a blue or finback whale, for the
magnificent brutes move in a slow and dignified way as though
conscious that they are the largest and most imposing animals of
ancient or modern times.
When sounding the finback sinks lower and lower until the dorsal
fin disappears; this is the last part of the body to leave the surface.
This species never draws out the flukes as do the humpback,
sperm and right whales.
As a supplement to my own experiences while hunting finbacks in

Alaska, I have taken the liberty of quoting a portion of J. G. Millais’
description of killing a whale of this species off the Shetland coast,
for it shows most admirably what real excitement one can have even
in modern whaling:
At 7:30 it was bitterly cold, when Captain Stokken again stood beside the gun,
and we were in full pursuit of a large female Finback that seemed tamer than the
rest. Eventually, in its final “roll,” the Whale raised itself about ten yards from the
gun, and the whaler tipping the muzzle downwards, fired and struck the quarry
under the backbone.
At first the Finback was rather quiet, and then it began to run, the strong line
rushing out at a speed of about fifteen knots. When some two miles of rope had
gone over the bow I turned to Captain Stokken and said, “How much line have you
got?”
“About three mile,” was the curt reply.
“But when that three mile goes, what then?”
“Oh, well,” was the imperturbable answer, “then I check line, and we see which is
strongest, Whale or rope. Perhaps harpoon draws out.”
In the course of a minute the Captain gave the order to check the line. The strain
now became terrific, the two-inch rope straining and groaning as if it would burst.
At the same moment the little steamer leaped forward and raced over the seas at
about twelve miles an hour. There was a feeling of intense exhilaration as we
rushed northwards, the spray flying from our bows as the ship leaped from crest to
crest in the heavy swell.
I have enjoyed the rushes of gallant thirty- and even forty-pound salmon in
heavy water on the Tay—the supreme moments in an angler’s life—but that was
mere child’s play to the intense excitement which we experienced during the next
three hours. To be in tow of a wild Whale is something to remember to one’s dying
day. You feel that you are alive and that you are there with the sport of kings. No
wonder the Norwegians are full of life; the men, from the captain to the cook, run
to their several tasks with eyes and hearts aflame. This is a calling which will stir
the blood of the dullest clod, and to men who are one and all the finest seamen in
the world is the very life and essence of the Viking nature.
Three hours of this fierce race went on, and the Whale seemed as if it would take
us to Iceland. The gallant Finback was as fresh as ever when the captain gave the
order, “Quarter speed astern.” With a tremendous strain on the rope and the
churning of the backward driving screw our speed was at once reduced to ten
knots. It was marvelous, the strength of that animal. The minutes and even the
hours fled by, still the great Cetacean held on its northward course without a check.
Three hours passed; then came the order “Half speed astern,” and we were down
to six knots, the vessel and the Whale still fighting the battle for the mastery.
In another hour the Whale showed visible signs of weakening when “Full speed
astern” brought matters to a standstill. The machinery of man and the natural
strength of the beast still worried on for another hour, and then we saw the
steamer moving backwards, the Whale was done, and could pull no more.[8]
8. “The Mammals of Great Britain and Ireland.” By J. G. Millais. Longmans,
Green, & Co., pp. 272–273.
A finback taking an “intermediate” or “surface” dive.
Although the blue and finback whales of the Atlantic and Pacific
have been given different names, yet there is little doubt but that
each is represented in all oceans by a single cosmopolitan species.
Apparently no definite barriers exist to curtail the wanderings of
the fin whales (Balænopterinæ), for they seem to be indifferent alike
to tropic or Arctic temperatures and travel where they will. Probably
the presence or absence of the little shrimp which forms their food is
one of the greatest determining factors of their movements.
In most oceans whales live under very similar conditions and
naturalists are gradually coming to recognize that the laws of
geographical separation which hold universally good for land
mammals are not equally true in the case of cetaceans. In other
words, if any group of land mammals is separated from others of its
kind by impassable barriers such as water, mountains, deserts, etc.,
it will gradually develop changes in structure or external appearance
due to differences of climate, food, or other conditions of
environment.
But this is not true of the fin whales for the conditions under which
they live in the North Pacific are very similar to those in the North
Atlantic; consequently, even if the animals of the two oceans never
mingled, they could probably continue to reproduce themselves
without material change for an almost indefinite period. But there is
strong evidence to show that all the fin whales do travel from one
ocean to another by way of Capes Horn and Good Hope and, since
the tropic waters of the Equator are not an effective barrier, wander
from the borders of the Antarctic far up into the North Pacific and
Atlantic, or vice versa.
The sperm whale is also a cosmopolitan wanderer, but the right
whales apparently do not cross the Equator which, as Lieutenant
Maury remarks, acts to them like a “belt of fire.” The bowhead is
found only in the Arctic regions.
The upper jaw of a finback whale, showing the bristles on the

inner edges of the baleen plates.
Strangely enough, if whales are driven away from inland waters

they seldom return, and others will not take the places of those which
have been killed. This has been demonstrated on the American west
coast to the considerable financial loss of both the Tyee Company of
Alaska and the (former) Pacific Whaling Company of Victoria, British
Columbia.
The Tyee Company erected a station on the southern end of
Admiralty Island, sixty miles from the open sea, and although when
operations were first begun finback and humpback whales were
there in hundreds, they were soon all killed and the vessels had to
hunt “outside.”
The Pacific Whaling Company spent many thousands of dollars
building a station at Nannaimo, on the east coast of Vancouver
Island, expecting to capture a sufficient number of whales in the bay
and straits to supply their factory. Their hopes were not realized,
however, for after two or three seasons’ work there were no more
whales to kill and the station had to be moved near the open sea.
It seems to be true that in all parts of the world the blue and
humpback whales first leave the feeding grounds and that the
finback and sei whales will remain longer than any other, even when
persistently hunted.
CHAPTER XV
REDISCOVERING A SUPPOSEDLY EXTINCT
WHALE
Half a century ago, on the Pacific coast of America, each year a whale
appeared as regularly as the season itself; first in December,
traveling steadily southward to the warm California lagoons, and
again in May heading northward for the ice-filled waters of the Arctic
Ocean. It came close inshore, nosing about among the tentacle-like
ropes of kelp and sometimes wallowing in the surf which broke
among the rocks.
The Siwash Indians along the coast awaited the coming of this
whale with the same eagerness with which the Egyptians hail the
rising of the Nile, for to them it meant a time of feasting and of
“potlatch.” In their frail dug-out canoes they hung about the kelp
fields, sending harpoon after harpoon into its great gray body as the
animal rose to breathe, until it finally turned belly up and sank. It
was a matter of only a day or so then before the barnacle-studded
carcass, distended with the gases of decomposition, floated to the
surface and was towed to the beach by the watchful natives.
As the years went by, however, the whales became more wary,
fewer and fewer coming into the kelp fields, until finally they ceased
altogether and passed up and down the coast on their annual
migrations far out at sea where they were safe from the deadly
harpoons of the hunters.
But the whales, for all their astuteness, were not free from
persecution. During the winter, when they came into the shallow
water of the California lagoons to bring forth their young, the
American whaling ships came also, and the animals, held by mother
love, were killed by hundreds.
However, they were not always slaughtered without making a fight
to save their babies, and because they frequently wrecked the boats
and killed the crews they gained the title of “devilfish,” and as such
are generally known throughout the Pacific rather than by the more
formal name of California gray whale, which was bestowed upon
them in 1868 by Professor Cope.
The American fishery did not last long for continual slaughter on
their breeding grounds soon so depleted the numbers of the gray
whales that the hunt was no longer profitable, and the shore stations
which had been established at various points along the coast finally
ceased operations altogether. For over twenty years the species had
been lost to science and naturalists believed it to be extinct.
In 1910, while in Japan, I learned from the whaling company of the
existence of an animal known as the koku kujira, or “devilfish,”
which formed the basis of their winter fishery upon the southeastern
coast of Korea.
The side view of a model of a gray whale in the American Museum

of Natural History prepared under the direction of the author
from studies made in Korea.
A ventral view of the gray whale model. Note the three furrows in
the throat.
The descriptions indicated that the koku kujira would prove to be

none other than the lost California gray whale, and I determined to
investigate it at the earliest opportunity. Consequently during the
winter of 1911–12, I returned to the Orient and spent the months of
January and February at the station of the Toyo Hogei Kaisha at
Ulsan, a small village on the southeastern coast of Korea.
The whaling station at Ulsan, Korea.

I shall never forget my introduction to Korea by way of the Japan
Sea. We left Hakata on the night of January 4, in a little transport
chartered by the whaling company to carry meat and blubber to the
markets. The vessel had a tiny, very dirty cabin aft, just large enough
for three persons, into which five Japanese and myself were packed.
It was bitterly cold outside and such a tremendous sea was running
that the cabin deck was flooded every few moments, keeping us wet
to the skin. After a twenty-three-hour trip, late in the afternoon we
ran up the bay which cuts deeply into the peninsula of Korea forty
miles north of Fusan.
“At the port bow hung the dark flukes of a whale, the sight of
which made me breathe hard with excitement.”
As we pulled up to the long wharf at the whaling station I could see

numbers of white-robed figures running about like goats on the hills
behind the houses or standing in limp, silent groups gazing in my
direction. The audience, however, regarded me with no greater
curiosity than I looked at them, for the Korean is at all times peculiar
in appearance and especially so when in full dress.
He wears a long white coat with flaring skirts, enormous baggy
trousers gathered at the ankle with a green or purple band, and atop
his head is perched a ridiculous little hat made of horsehair with a
sugar-loaf crown and a straight brim. The hat must be tied under his
chin to keep it in place, but at times it slips over one ear and gives its
wearer a singular resemblance to “Happy Hooligan.” His hair is
gathered in a knot on the top of his head, and the few straggling
wisps of mustache or beard which he manages to grow are as
carefully tended as a rare flower. He is never seen without his long-
stemmed pipe, and a tobacco pouch always dangles at his belt.
The natives of Ulsan appeared to derive never ending amusement
from me and my work. They were living an utterly lazy, aimless life
and although they never seemed to know where the next meal was
coming from they looked content and well enough fed. Numbers
were always hanging about the station waiting to pick up any scraps
of whale meat left by the cutters, and all day long the children, each
with a little basket, poked about among the cracks in the wharf, now
and then gleaning a handful of flesh and blubber, which would help
to keep life within their bodies.
After I had secured the skeleton of a gray whale and had piled the
bones, partially cleaned, in the station yard, the Koreans descended
upon them like a flock of vultures. With a knife or a bit of stone they
scraped each bone, cleaning it of every ounce of meat. At first this
seemed to me a splendid arrangement, but suddenly I discovered
that some of the smaller bones themselves were disappearing and
realized that my skeleton was slowly but surely being boiled for soup.
Cutting in a gray whale. The head is lying on the wharf and two
Koreans are standing beside it. They wear long white coats,
enormous baggy trousers and a horsehair hat.
It did not take long to issue an edict against all Koreans in

reference to my whale, but the matter did not end there. The pile of
toothsome bones was too great a temptation and whenever I
happened to be out of sight some white-gowned native was sure to
steal up and leave with a bone under his coat.
I finally discovered a very effective, and I think highly original, way
to stop the stealing. In my equipment there was a 22-caliber rifle and
several hundred B. B. caps, the bullets from which would just about
penetrate the thick, wadded trousers of a Korean.
“When the winch began slowly to lift the huge black body out of
the water, a very short examination told me that the koku kujira
really was the long-lost gray whale.”
I made a hole in the shojo, the paper screen of the Japanese house
where I was living, and sat down to watch. In a short time a Korean
stole up to the pile of bones and bent over to pick out one which he
could carry. I drew a fine bead on the lower portion of his anatomy
and when the rifle cracked the native made a jump which would have
brought him fame and fortune could it have been duplicated at the
New York Hippodrome. It is hardly necessary to say that he dropped
the bone. In a very short time every Korean in the village knew that a
visit to that skeleton generally entailed difficulty in sitting down for
several days afterward and the whale was left unmolested.
On the day of my arrival at Ulsan the four whaling ships which
hunted from the station were all lying in the harbor, for the gale had
made cruising outside impossible. As soon as we landed I met my
friend, Captain H. G. Melsom of the S. S. Main, one of the best
gunners who has ever hunted in the East. Captain Melsom was the
first man to learn how to take the devilfish in Korean waters, because
for many years the habit of the animals of keeping close inshore
among the rocks baffled the whalers. He learned how to trick the
clever whales and hang about just outside the breakers ready for a
shot when they rose to blow. From Captain Melsom I learned much
of the devilfish lore and many evenings on his ship, the Main, did I
listen to his stories of whales and their ways.
I shall never forget the intense interest with which I waited for my
first sight of a gray whale. On the next day after my arrival at Ulsan I
had started across the bay in a sampan to have a look at the village
with Mr. Matsumoto, the station paymaster. We had hardly left the
shore, when the siren whistle of a whale ship sounded far down the
bay and soon the vessel swept around the point into view. At the port
bow hung the dark flukes of a whale, the sight of which made me
breathe hard with excitement, for one of two things must happen—
either I was to find that here was an entirely new species, or else was
to rediscover one which had been lost to science for thirty years.
Either prospect was alluring enough and as the vessel slowly swung
in toward the wharf and a pair of great flukes, the like of which I had
never seen before, waved in front of me, I realized that here at last
was what I had come half around the world to see.
When the winch began slowly to lift the huge black body out of the
water, a very short examination told me that the koku kujira really
was the long-lost gray whale and not a species new to science. But it
was not the gray whale of Scammon’s description, for this white-
circled, gray-washed body was very little like the figure he had
published in his book, “The Marine Mammalia.”
Many new things were learned during the succeeding months of
studying this strange animal, but chief among them were the facts
that the gray whale differs so strongly from all others that it must be
placed in a family of its own; also that it is the most primitive of all
existing large cetaceans and is virtually a living fossil.

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1 Historical Background and Introduction to the U.S. Immigration System

A. INTRODUCTION TO THE STUDY OF IMMIGRATION LAW

2 Nonimmigrant Visas for Brief Stays, Studies, and Cultural Exchange

A. DIFFERENCES BETWEEN NONIMMIGRANT AND IMMIGRANT VISAS

3 Nonimmigrant Visas for Intracompany Transferees, Trade and Investment, and

A. VISAS BASED ON QUALIFYING TREATIES OF COMMERCE AND

4 Nonimmigrant Visas for Extraordinary Ability, Religious Workers, and

A. VISAS FOR INDIVIDUALS WITH EXTRAORDINARY ABILITY IN THE

A. OVERVIEW AND SOURCES OF LAW FOR ASYLUM

6 Family Sponsored Immigration and Permanent Resident Status

A. PART I: FAMILY RELATIONSHIPS AND THE PETITIONING PROCESS

7 Employment-Based and Self-Sponsored Immigration

A. OVERVIEW AND SOURCES OF LAW

8 Immigration Relief for Vulnerable Populations

A. OVERVIEW AND SOURCES OF LAW PROTECTING IMMIGRANT

9 Grounds of Inadmissibility and Deportation

A. THE CONCEPTS OF ADMISSION AND DEPORTATION

10 Immigration Court Practice and Relief from Removal

11 Citizenship and Naturalization

12 Managing an Immigration Practice

A. TYPES OF IMMIGRATION PRACTICES

Figure 3.1. E Visa Acquisition Map

Figure 6.1 Typical Route of an Adjustment Application

Figure 8.1. Sample Notice of Extension of Status

Figure 9.1 Grounds of Inadmissibility and Deportation

Figure 10.1 Notice to Appear

Table 2.1. Chart of Nonimmigrant Visas

Table 3.1. Comparison of Nonimmigrant Visas

Table 4.1. Summary Comparison of Nonimmigrant Visas

Table 5.1. Comparison of Asylum, Withholding, and Convention Against Torture

Table 6.1. State Department Visa Bulletin, July 2015

Table 7.1. State Department Visa Bulletin, July 2015

Table 8.1. Comparison Between U and T Nonimmigrants Applying for Adjustment

Table 9.1. General Categories of Crimes Involving Moral Turpitude (CIMTs)

—Ayodele Gansallo and Judith Bernstein-Baker

I shouted to Sorenson and jumped to the starboard side where, by

When I had descended to the deck and stood beside Captain

Almost every deep-sea whaleman has stories to tell of “rogue”

A finback whale “sounding” or taking the “big dive.”

As a supplement to my own experiences while hunting finbacks in

The upper jaw of a finback whale, showing the bristles on the

Strangely enough, if whales are driven away from inland waters

The side view of a model of a gray whale in the American Museum

The descriptions indicated that the koku kujira would prove to be

The whaling station at Ulsan, Korea.

As we pulled up to the long wharf at the whaling station I could see

It did not take long to issue an edict against all Koreans in

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