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Items
Details
Author
Title
Migration law in the USA / Maria Isabel Medina.
Uniform Title
International encyclopaedia of laws. Migration law.
Published
Alphen aan den Rijn : Kluwer Law International, [2011]
Distributed
Frederick, MD : Sold and distributed in North, Central and South America by Aspen Publishers
Copyright
©2011
Call Number
KF4819 .M427 2011
ISBN
9789041134424 (pbk. : alk. paper)
9041134425 (pbk. : alk. paper)
9041134425 (pbk. : alk. paper)
Description
128 pages : illustrations ; 24 cm
System Control No.
(OCoLC)710045253
Note
"Originally published as a monograph in the International encyclopaedia of laws/Migration law."
Bibliography, etc. Note
Includes bibliographical references (pages 41-42) and index.
Record Appears in
Gift
Purchased from the income of the Edith L. Fisch Fund
Gift
The Arthur W. Diamond Law Library
Purchased from the income of the Edith L. Fisch Fund
Table of Contents
The Author
3
List of Abbreviations
11
Preface
13
General Introduction
17
[§]1.
Immigration History and Statistical Information
17
[§]2.
Overview of National Legal Instruments
28
I.
Historical Overview
28
II.
Current Applicable Legislation
33
[§]3.
Overview of International Legal Instruments Applicable in the United States
38
Selected Bibliography
41
pt. I
Border Control and Entrance
43
ch. 1
Organization of Border Control
43
ch. 2
Right to Enter the Country
45
[§]1.
Conditions for Entry: Temporary Visitors for Business or Pleasure
46
[§]2.
Administrative Procedures and Documents for Entry
47
ch. 3
Refusal of Entry: Inadmissibility
48
pt. II
Right of Residence: General Provisions
53
ch. 1
Short Stay: Nonimmigrants -- Visa-Waiver Program; B-1 Business Visitors and B-2 Visitors for Pleasure
53
[§]1.
Conditions for Short Stay
53
[§]2.
Administrative Procedures and Documents for Short Stay
53
[§]3.
Legal Position in the Event of Short Stay
54
[§]4.
Position of Family Members
55
ch. 2
Residence: Nonimmigrants
56
[§]1.
Conditions of Residence
56
[§]2.
Administrative Procedures and Documents for Residence for Nonimmigrants
56
[§]3.
Legal Position of Nonimmigrants
56
[§]4.
Position of Family Members of Nonimmigrants
57
ch. 3
Long-Term Residence: Immigrants
58
[§]1.
Conditions for Long-Term Right of Residence: Family-Based Admission Categories
58
I.
Immediate Relatives of USCs
58
II.
First Preference: Unmarried Sons and Daughters of USCs
60
III.
Second Preference: Spouses, Children and Unmarried Sons and Daughters of Permanent Resident Aliens
60
IV.
Third Preference: Married Sons and Married Daughters of Citizens and their Spouses and Children
61
V.
Fourth Preference: Brothers and Sisters of Citizens and their Spouses and Children
61
[§]2.
Administrative Procedures and Documents for Long-Term Residence
61
[§]3.
Legal Position of Long-Term Residents: Immigrants
63
[§]4.
Position of Family Members of Long-Term Residents: Immigrants
65
pt. III
Right of Residence for Special Categories of Persons
67
ch. 1
Nationals with Preferential Treatment
67
ch. 2
Students
68
ch. 3
Researchers
70
ch. 4
Labor and Economic Migration
71
[§]1.
Labor Employment
71
[§]2.
Seasonal Workers and Temporary Workers
71
[§]3.
Independent Economic Activities
72
[§]4.
Investment Activities
72
ch. 5
Humanitarian Reasons
73
[§]1.
Humanitarian Grounds
73
[§]2.
Unaccompanied Minor Children
73
[§]3.
Victims of Trafficking in Human Beings
75
ch. 6
Asylum
76
[§]1.
Conditions for Admission
76
I.
Refugee Status
76
II.
Subsidiary Protection Status
79
III.
Temporary Protection Status
79
IV.
Other: Relief under the CAT
79
[§]2.
Procedures
80
[§]3.
Legal Position
80
[§]4.
Position of Family Members
80
ch. 7
Others: Diversity Immigrants
81
pt. IV
Loss of Right of Residence
83
ch. 1
Conditions under Which the Right of Residence Might be Lost
85
ch. 2
Legal and Administrative Procedures
90
pt. V
Sanctions
93
ch. 1
Sanctions
94
[§]1.
Administrative Sanctions
94
[§]2.
Penal Sanctions
94
[§]3.
Detention
96
[§]4.
Expulsion Measures
97
ch. 2
Sanctions against Persons Helping Illegal Immigrants or Residents
100
[§]1.
Human Smuggling
100
[§]2.
Human Trafficking
101
pt. VI
Legal Remedies and Procedural Safeguards
103
ch. 1
Legal Remedies in Case of Refusal of Right to Enter, Stay or Reside
103
ch. 2
Procedural Safeguards
106
pt. VII
Access to the Labor Market
109
ch. 1
Overview of Applicable Legislation
109
ch. 2
Conditions for Entitlement to Work in the Country as an Employed Person
111
[§]1.
General Conditions
111
[§]2.
Administrative Rules and Procedures
112
[§]3.
Conditions for Special Categories of Workers
114
ch. 3
Sanctions against Illegal Participation in the Labor Market
115
[§]1.
Sanctions against Employers
115
[§]2.
Sanctions against Workers
116
ch. 4
Legal Remedies and Procedural Safeguards
117
pt. VIII
Access to Self-employed Activities
119
ch. 1
Overview of Applicable Legislation
119
ch. 2
Conditions for Entitlement to Work in the Country as a Self-employed
120
[§]1.
General Conditions
120
[§]2.
Administrative Rules and Procedures
120
[§]3.
Conditions for Special Categories of Self-employed
121
ch. 3
Sanctions against Illegal Exercise of Self-employment
122
ch. 4
Legal Remedies and Procedural Safeguards
123
Index
125