LAW 562: Immigration Law

Immigration Policy, Visa Categories, Asylum & Deportation

Overview

This course covers federal immigration law governing admission of foreign nationals, visa categories, asylum and refugee protections, and removal/deportation. The course emphasizes the Immigration and Nationality Act (INA), administrative procedures before USCIS and immigration courts, and the relationship between immigration law and constitutional protections.

Immigration law is critical for practitioners serving immigrant communities, employers managing workforce compliance, and policy advocates. The course develops practical skills in immigration applications and understanding complex procedural rules.

Learning Objectives

  • Understand immigration law fundamentals and visa classification system
  • Apply employment-based and family-based visa requirements
  • Analyze asylum and refugee protection eligibility under INA
  • Understand deportation grounds and removal procedures
  • Evaluate defenses to deportation and hardship-based relief
  • Understand administrative and judicial review of immigration decisions

Lecture Topics

Immigration Law Fundamentals

INA structure, visa classification, admission process, and role of consulates and USCIS.

Employment-Based Visas

EB-1 to EB-5 categories, labor certification, PERM process, and immigrant intent requirement.

Family-Based Visas

Immediate relatives, preference categories, visa availability, and consular processing.

Nonimmigrant Visas

H-1B, L-1, O-1, F-1, and other nonimmigrant classifications. Status maintenance requirements.

Asylum & Refugee Protection

Protected grounds, persecution standard, credible fear, and asylum interview procedures.

Deportation Grounds & Procedures

Crimes of moral turpitude, aggravated felonies, removal proceedings, and immigration court jurisdiction.

Waivers & Hardship-Based Relief

Cancellation of removal, VAWA protection, prosecutorial discretion, and humanitarian relief.

Naturalization & Citizenship

Path to citizenship, good moral character requirement, naturalization test, and oath requirements.

Landmark Cases for Briefing

INS v. Chadha, 462 U.S. 919 (1983)

Topic: Immigration authority limits | Rule: Congressional veto of immigration decisions violates separation of powers and presentment clause.

Zadvydas v. Davis, 533 U.S. 678 (2001)

Topic: Detention limits | Rule: Indefinite detention of deportable aliens violates Due Process Clause; six-month presumptively reasonable period.

Mathews v. Eldridge, 424 U.S. 319 (1976)

Topic: Due process in immigration | Rule: Due process requires balancing notice, opportunity to be heard, and nature of process required.

United States v. Brignoni-Ponce, 422 U.S. 873 (1975)

Topic: Immigration stops | Rule: Immigration agents may stop vehicles if reasonable suspicion that aliens present; ethnic appearance alone insufficient.

Recommended Resources

Immigration & Nationality Act

8 U.S.C. §§ 1001-1900

Essential statutory reference. Study visa classifications, grounds for deportation, and procedural requirements.

Casebook

Immigration and Citizenship Law and Process by Legomsky & Rodriguez (7th ed. 2020)

Comprehensive coverage of immigration procedures, visa categories, and asylum law.

Regulations

USCIS Regulations (8 C.F.R.) and BIA case law

Study M-618 (BIA precedent manual) and USCIS policy guidance on visa processing.

Practice Quizzes

Quiz 1: Visa Classifications & Admission

Employment and family-based visas, nonimmigrant classes. 9 questions.

Quiz 2: Asylum & Refugee Protection

Protected grounds, persecution standard, credible fear procedures. 8 questions.

Quiz 3: Deportation & Relief

Removal grounds, procedural protections, waivers and hardship relief. 10 questions.