I. INTRODUCTION 1
II. BASIC PROCESS AND ADMINISTRATIVE STRUCTRUE 5
Process and Players 5
Consuls and the Visa Process 5
Adjustment of Status 6
Immigration and Naturalization Service 7
Immigration Judges and the Board of Immigration Appeals 7
Other Appeals 9
Terminology: Exclusion Versus Deportation 9
Key Documents 12
III. CONSTITUTIONAL FRAMEWORK 15
Federal and State Powers 15
Individual Rights 17
Substantive Provisions of the Immigration Laws 17
Applicability of Procedural Due Process Review 21
Standards for Procedural Due Process Review 25
Detention 30
IV. ADMISSION CATEGORIES 35
Nonimmigrant Categories 35
Immigrant Categories 36
Initiating the Admission Process 38
Family Reunification 39
Offspring 40
Marriages 42
Labor Certification 46
V. GROUNDS FOR EXCLUSION AND DEPORTATION 49
Grounds for Exclusion 50
Health Grounds 51
Economic Grounds 51
Criminal Grounds 51
Quasi-Criminal and Moral Grounds 52
Grounds Related to Immigration Processing 53
National-Security Grounds 53
Waivers of Excludability 54
Grounds for Deportation 55
Grounds Based on Preentry Characteristics 56
Grounds Based on Postentry Behavior 57
VI. RELIEF FROM DEPORTATION 61
Suspension of Deportation 61
Statutory Eligibility 62
Discretion 65
Motions to Reopen 67
Other Provisions Leading to Permanent Relief 69
Adjustment of Status 69
Registry 71
Section212(c) 71
Other Relief from Deportation 72
Voluntary Departure 72
Prosecutorial Discretion 75
Stay of Deportation 76
VII. POLITICAL ASYLUM 77
Background 78
Statutory Provisions 79
Procedures 83
Standards 84
Evidence 84
Basis of the Threat 87
Degree of Threat 88
VIII. JUDICIAL REVIEW 95
Background 95
Review in Accordance with the Administrative Procedure Act 96
Petitions for Review of Deportation Orders 98
Procedure 98
Pendent Jurisdiction 103
Exhaustion of Remedies 106
Departure While Review Is Pending 107
Judicial Review of Visa Denials 107
IX. ILLEGAL IMMIGRATION AND THE 1986 REFORMS 109
Overview 109
Employer Sanctions 111
Coverage 111
Verification 112
Documents 113
Enforcement and Penalties 114
Judicial Review 115
Transition 115
Antidiscrimination 115
Coverage 116
Procedures 117
Legalization 118
Scope 119
Benefits 120
Procedures 121
Cuban-Haitian Entrants 125
Agricultural Workers 125
H-2A Nonimmigrants 126
Special Agricultural Workers 126
Replenishment Agricultural Workers 128
ANNOTATED BIBLIOGRAPHY 131
TABLE OF CASES 139