Immigration Law and Procedure in a Nutshell (Nutshell Series)

Immigration Law and Procedure in a Nutshell (Nutshell Series)

David S. Weissbrodt

Language: English

Pages: 656

ISBN: 0314154167

Format: PDF / Kindle (mobi) / ePub

This compact, comprehensive title offers an expert overview of the history, source, and structure of immigration law. Visa standards, deportation and exclusion issues, refugee and asylum issues, citizenship, and the rights of aliens are also discussed.

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The Supreme Court's basis for action is clear when the area regulated is naturalization. Article I, § 8, clause 4, of the United States Constitution specifically grants Congress the power to establish a "uniform Rule of Naturaliza- 53 SOURCE AND SCOPE 54 Ch. 2 tion." By expressly allocating this power to Congress, the Constitution prevents the confusion that would result if individual states could bestow citizenship. The Constitu­ tion does not, however, explicitly provide that the power to

individual clauses. The Constitution's primary goal is to create a system of government for the nation, and a process through which its citizens establish the rules governing people within the territory. Under this premise, two structural arguments emerge. First, the power to regulate immigration is essential to a nation's self-preservation. To be a sovereign nation, a people must have control over its territory. Without such control, a nation would be unable to govern itself and its borders

as punishment or under servitude. Slaves from Africa were forcibly brought. Chil­ dren were kidnapped from English slums and sold for American labor. English judges were empowered to send both vagrants and felons to the colonies as punishment. These groups also met with disfavor and colonial restric­ tions; colonies began legislating to exclude "paupers" and "criminals" as early as 1639. Those restrictions excluding "public charges" embraced not only people sent by English courts but also the

examine the applicant's reasons for not applying to the consulate where he or she resides. Personal interviews are now mandatory for virtually all applicants. 22 C.F.R. § 41.102. The consular officer may also require additional documents to verify the appli­ cant's purpose in requesting the visa. Supporting docu­ ments will usually concern the person's eligibility to enter the U.S. and intention to depart at the end of the intended stay. 22 C.F.R. § 41.105. Intention to depart from the U.S. is

considered to be in status during summer vacation if they are eligible and intend to regis­ ter for the upcoming term. Students at schools that operate on the trimester or quarter system may take any term as a vacation, so long as they take only one vacation term per year, are eligible and intend to register for the next term, and have completed the equivalent of a full academic year before taking the vacation. With the ap­ proval of the DSO, students may remain in status if they are forced

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