Assignment: LGL 250

Week: Information:

 

TOPIC

CHAPTER

DATE

Course Overview

Definitions

Role of government agencies

 

Read Chapter 1 pp. 1-21

 

1-23

Understanding immigration documents:

Nonimmigrant visas, B1/B2, Visa Waiver

Read Chapter 1, pp. 21-38;

Chapter 2; 41-67

 

1-30

Visas for study, training and cultural exchange

(F, M, J, Q, H-3);

Temporary visa for intracompany transfers, trade and investment, E and L

 

 

Chapter Two; 67-87;

Chapter Three; pp 92-116

 

2-6

Temporary visas for professional employment, H1-B, H1-B1, E-3, TN classification;

Review for Quiz #1

 

Rest of Chapter 3;

Quiz #1

 

2-13

Nonimmigrant visas for extraordinary ability, religious workers, agricultural and seasonal workers;

 

Chapter Four:

 

2-20

Asylum;

Review for Exam One

 

Chapter Five

Exam One released (due 3/16)

2-27

Work on presentation

 

 

 

 

 

3-6

Work on presentation

 

 

 

3-13

Spring Break

 

3-20

Second Half

Asylum;

Family Immigration

 

Chapters 5 and 6

3-27

Family Immigration continued;

Employment-based immigration

 

 

Chapter 6 continued;

Chapter 7

 

 

4-3

Employment-based immigration:

Review for Quiz #2

Chapter 7 continued

4-10

 

 

U and T visas for victims of crime and severe forms of human trafficking;

 

Chapter 8

4-17

Relief for immigrant youth: Special Immigrant Juvenile status, DACA and other programs

 

 

Chapter 8 continued

 

4-24

Grounds of inadmissibility and deportation;

Review for Exam Two

 

Chapter 9: 461-485; 485-501

Exam Two

 

5-1

Citizenship and naturalization;

Review for Final Quiz

 

Chapter 11;

Final Quiz

5-1

Immigration Enforcement;

Review for Exam Three

Chapter. 12, pp. 636-667;

 

5-8

Last Class

Final Class

Presentation Due;

Exam Three Due

5-15

 

 

Wk 1

January 20, 2025

PP-1

Homework One

 

Students must introduce themselves using the Discussion Board and respond to at least two other students’ post. Your initial post and two responses are due by Sunday, January 26 at 11:59 pm EST.

Kindly tell everyone a few facts about you and your aspirations.  Provide:

Your name

Your major/minor

Where you are in your degree program

Who you work for and what you do

How many other courses you are taking at the same time

Any experience with immigration law

Why you are taking this course and what you are looking to get out of this course

 

Homework One

Tran was born in Vietnam and is now a lawful permanent resident in the United States, living in Pennsylvania. She comes into an immigration law office requesting assistance to apply for citizenship. She meets all the legal requirements. Practitioner Judy is asked to find the correct form, the cost of the application, and the address where it should be mailed. Judy knows that, since Tran is applying for a benefit, the correct agency that Tran will interface with is the USCIS.

How might  Judy find the correct form and the other information requested?

-----------------------

Tran should go to the https://www.uscis.gov website and follow the prompts to find the correct form. For example, here are the steps I took:

  1. Homepage Page
  2. Forms Page, N-400 | Application for Naturalization
  3. Form Details: instructions for form
  4. From there I clicked through to find information I needed
  1. Find the correct form: Form N-400, Application for Naturalization, is an application to become a naturalized U.S. citizen. (https://www.uscis.gov/policy-manual/volume-12-part-d-chapter-2 )
  2. The cost of the application: Online fee in $710.00, Paper fee $ 760.00, service members of the armed service are free. (https://www.uscis.gov/sites/default/files/document/fact-sheets/OoC_FactSheetOnNatzFees_V3_508.pdf, page 2/29)
  3. Address where it should be mailed: You must provide a current, complete, and valid mailing address unless you are homeless, a victim of domestic abuse or you are applying under INA section 319(b). (https://www.uscis.gov/policy-manual/volume-12-part-d-chapter-2, Part 4)

 

Wk 2

PP-2

Homework Two

Case Brief

Due Feb. 2

You should be able to find the answers to all of these questions on: www.uscis.gov.

Once you find the answer, please cite to the authority that you find.

  1. Client who was recently granted asylum comes in asking how long before s/he can become a lawful permanent resident. A client granted asylum is known as an asylee. Using the internet and primary sources, find the answer.

 

Asylee must have been physically present in the United States for at least one year after they were granted asylum in order to be eligible to become a lawful permanent resident.

 

Found under the Eligibility of Status Tab: (https://www.uscis.gov/green-card/green-card-eligibility/green-card-for-asylees )

 

  1. Jean, from Haiti, wants to apply for Temporary Protected Status, or TPS. Using the internet, and primary sources, find out if he is eligible and if that status allows him to work lawfully in the United States.

 

Jean is eligible to apply for TPS, and she is eligible for certain Employment Authorization Documents to be able to work lawfully.

 

( https://www.uscis.gov/humanitarian/temporary-protected-status/temporary-protected-status-designated-country-haiti , https://www.federalregister.gov/documents/2024/07/01/2024-14247/extension-and-redesignation-of-haiti-for-temporary-protected-status )

 

  1. Mercedes, from Costa Rica, wants to attend college in the United States. Using the internet, find out the legal basis for a student visa and where she applies for one.

 

Mercedes can legally attend college in the United States by obtaining an F Visa. She must apply to and get accepted to a SEVP-approved school in the United States and pay the SEVIS I-901 fee. The school that accepted her will issue her a Form I-20 that must be presented to an officer at a U.S. Embassy or Consulate when she attends her visa interview. She must complete the online Nonimmigrant Visa Application, Form DS-160, print it out to bring for her interview. She must also supply a current image that needs to be uploaded when completing the online form. An interview is required for the visa as well as any fees required.

 

 

( https://travel.state.gov/content/travel/en/us-visas/study/student-visa.html#overview , https://cr.usembassy.gov/visas/ )

 

Due Feb. 6

Please read this case:

Chamber of Commerce of the United States v. Whiting_ 563 U.S. 582.PDF

Wikipedia

You may brief in any form you wish or use this template: Brieftemplate

Legal Az Workers Act

 

 

 

Wk 3

January 30, 2025

Discussion 2

PP-3

What parallels do you see between immigration policy and the civil rights movement? Provide specific examples to support your assessment.

After your initial post, please respond to two of your colleagues. State more than you agree or disagree, but specifically state what points of their assessment that you are reacting to.

 

 

 

 

Wk 4

January 30, 2025

Assignment #1 Research Project

Discusssion 3

Case Brief

PP Week 4

Due Feb 16

Assignment #1 Research Project

The presentation will be based on one of the following topics. If you wish to use a topic not on the list, please seek approval from your instructor before beginning the first assignment.

 

Research Project Topics

 

Immigration reform

 

Judicial Intervention/ Judicial Activism

 

Refugees

 

BIA and/or AG Cases

 

Diversity Visas

 

Investor Visas

 

Border Search Authority

 

1. Topic choice:

 

2. Intended Audience:

 

3. Purpose (inform or persuade):

 

4. Applicable law (be as specific as possible):

 

5. Main issue the topic will resolve:

 

Due Feb. 16

Discussion Three

Sparkling, LP is a limited partnership located in the United States that employs fifteen people. Last year, Sparkling, LP hired its first foreign national in H-1B classification. When Sparkling LP’s immigration lawyer sent over the posting notice that alerts other employees that an H-1B petition is to be submitted, Sparkling, LP became worried that existing employees would be upset when they saw the wage being offered because it was substantially lower than the regular rate. To minimize exposure, the HR Manager for Sparkling, LP posted the notice behind her desk right below a calendar and above her file cabinet.

Has Sparkling LP complied with the LCA requirements discussed above? After posting an original reply, please respond to at least two of your colleagues.

Sparkling, LP has not complied with the LCA requirements. By “hiding” the notice behind the desk and not making it obviously visible to American workers, Sparking, LP broke the law. It should have been posted in plain sight to the current workforce to meet the statutory requirement. The law states that the wages for a H-1B classification employee must be equivalent to the wages of those similar in experience and competency within the occupation or the prevailing wages withing the occupation of the geographical area, whichever is higher. The foreign worker is being paid substantially less than the other workers.

Wk 5

February 12, 2025

PP Chpt 4

 

Assignment #2 Research Project

 

 

Wk 6

Discussion 4

PP Chpt 5: need updated

PP-5-2

PP-6

Drop Kick is a heavy metal band that has been performing together to small audiences at local bars dotted throughout the United Kingdom for close to a decade. Recently, a talent agent came across one of their performances and was incredibly impressed. After a whirlwind video shoot, instant fame fell upon them. From talk show appearances to industry magazine articles, the attention is percolating. The band is comprised of four members; three United Kingdom nationals and one Irish national. In order to capitalize on the success of the band, the agent arranged a short U.S. tour that will last approximately a month in duration. A petition for P-1B nonimmigrant classification was filed with the USCIS and approved. Right before the band members were headed off to the Embassy to apply for their visa stamps, the Irish national decided to quit, citing creative differences and a desire to start a solo project. The band was able to find a replacement, a Swedish national.

  • Is Drop Kick still eligible for P-1Bclassification?
  • If so, can the Swedish national obtain a visa to travel and perform withthe band in the UnitedStates?

Wk 7

February 27, 2025

Exam-1

Optional Practical Training (OPT) for F-1 Students

Wk 8

March 8, 2025

 

 

 

Wk 9

February 23, 2025

Case Law

1/30/2025 Entire lesson plan Replaced "gender" with "sex;" removed gender
ideology related content;

EO 13990 rescinded, removed related content; Updated Table of Contents RAIO Training


In re O-Z- & I-Z-, Respondents one | two | three |

Matter of O-Z- & I-Z-, 22 I&N Dec. 23 (BIA 1998) An alien who suffered repeated beatings and received multiple handwritten anti-Semitic threats, whose apartment was vandalized by anti-Semitic nationalists, and whose son was subjected to degradation and intimidation on account of his Jewish nationality established that he has suffered harm which, in the aggregate, rises to the level of persecution as contemplated by the Immigration and Nationality Act

 

 

Wk 10

February 19, 2025

SEE PROJECT ONE PAGE

 

Interview Assignment

My Paper for Interiew

 

Wk 11

March 18, 2025

PP Seven

 

Discussion Five

Franca from Brazil comes in to see you because he wants to marry his American girlfriend but wants to do things the right way so that he will have no problems with his immigration application. On questioning, he tells you that he met her here when he entered eight weeks ago. She is pregnant. They had not planned things this way, but now they feel they have no choice but to marry and to do it soon so that Franca can work legally to help prepare for the baby.

What information can you give to Franca about any issues he might expect to encounter and how might he overcome them? Please use the material from Chapter 6 to help you answer this question. After your initial post, please respond to two of your colleagues. State more than you agree or disagree, but specifically state what points of their assessment that you are reacting to.

The fiscal year 2025 limit for family-sponsored preference immigrants determined in accordance with Section 201 of the Immigration and Nationality Act (INA) is 226,000. The worldwide level for annual employment-based preference immigrants is at least 140,000.

If married, because Franca will have his wife a U.S. citizen wife to sponsor him, the chances are better for a positive immigration status outcome. Because they are married, he will be an immediate relative and thus is eligible to have preferential treatment. The issue at hand is if their recent marriage is a bona fide relationship. Considering that they have known each other for only eight weeks is a red flag as to their reason for their marriage in the first place. Most likely a Stokes interview will be conducted because the newness of their vows. Unless there is a special situation or hardship waiver to approve a LPR, there is a likelihood their petition will be denied. Perhaps their pending child will help and be a special situation but his desire to work can be a double-edged sword. It would be helpful to know what visa he entered the United States with because it is not known if he has overstayed his visa. It’s a toss-up in my humble opinion. It would be helpful to get advice of an lawyer that specializes in immigration law.

Only commented on one

 

Wk 12

 

 

 

Wk 13

April 17, 2025

PP-8

PP-2-PP

 

 

 

 

Wk 14

Exam-Two

 

 

 

Wk 15

March 18, 2025

Discussion Six

Aminata is a citizen of Mali. She arrived on a visitor’s visa to visit her sister, and met and married Moussa, another native of Mali. Moussa obtained his U.S. citizenship many years ago following a successful application for asylum. Moussa has abused Aminata continuously throughout their marriage and she has told no one. The couple has a disabled child who receives early childhood intervention services from a social worker who suspects there are issues of domestic violence. She advises Aminata to seek legal help but Aminata is afraid to do so because she lacks legal immigration status. The social worker brings Aminata to see you so that you can explain what legal remedies may be available to her.

During the conversation with Aminata, you learn that Moussa may not have been free to marry her because his first wife is alive and well in Mali.

Is there a way for Aminata to apply for VAWA benefits despite this? Please use the material to Chapter Eight to answer this question .

Do not forget to respond to two of your colleagues after your initial post.

The Violence Against Women Act of 1994 (VAWA) and its subsequent reauthorizations amended the Immigration and Nationality Act (INA) to allow abused spouses and children of U.S. citizens and lawful permanent residents (LPRs) and abused parents of U.S. citizen sons and daughters 21 years of age or older to file their own self-petition for immigrant classification.[1] Aliens filing self-petitions are referred to as VAWA self-petitioners or self-petitioners in this part.

General Eligibility Requirements for VAWA Self-Petitioners

The self-petitioner must have a qualifying relationship to an abusive U.S. citizen or LPR relative as the:

  • Spouse, intended spouse, or former spouse of a U.S. citizen or LPR;
  • Child of a U.S. citizen or LPR; or
  • Parent of a U.S. citizen son or daughter that is 21 years of age or older.
The self-petitioner must have been married in good faith (for self-petitioning spouses only).
The self-petitioner is eligible for immigrant classification as an immediate relative or under a family-based preference category.[6]
The self-petitioner was subjected to battery or extreme cruelty perpetrated by the U.S. citizen or LPR during the qualifying relationship (self-petitioning spouses may also be eligible based on the battery or extreme cruelty subjected on their child).
The self-petitioner resides or resided with the abusive U.S. citizen or LPR.
The self-petitioner is a person of good moral character.[7]

Answered one already

Yes, Aminata would still be able to apply for VAWA even though there was potentially bigamy involved. The eligibility requirement for Aminata is to be either a legal spouse or have a marriage of good faith. Because she has a legal marriage (as far as we know), it meets the requirement. Either way she would be able to a seek legal remedy. The only condition we are not sure that she has is if she is a person of good moral character because nothing is mentioned about it in the information. She meets all the other requirements.

 

Wk 16

March 18, 2025

See Notes

Exam-Two

Final Brief

DEPARTMENT OF HOMELAND SECURITY, et al., Petitioners v. REGENTS OF THE UNIVERSITY OF CALIFORNIA, et al.;

Wiki: Department of Homeland Security v. Regents of the University of California

Oyez: Department of Homeland Security v. Regents of the University of California

Supreme Court

Case Information Link

DACA: On Jan. 17, 2025, the U.S. Court of Appeals for the Fifth Circuit issued a decision regarding the DACA Final Rule. Pursuant to the court’s order, USCIS will continue to accept and process DACA renewal requests and accompanying applications for employment authorization under the DACA regulations at 8 CFR 236.22 and 236.23. USCIS will continue to accept initial requests but will not process initial DACA requests at this time. Current grants of DACA and related Employment Authorization Documents remain valid until they expire, unless individually terminated.

 

 

   

Comments:

 

 

April 17, 2025 lime colors