Field of law

Immigration & Naturalization — page 3

Admission and inspection at the border, the clocks that run on status and presence, entry restrictions and vetting, work authorization documents, loss of nationality, and the review that follows a decision.

Immigration & Naturalization

Defects in a Notice to Appear and What They Do

A notice to appear must state the nature of the proceedings, the legal authority, the conduct alleged, the charges, the right to counsel, the address obligation, and the time and place of the hearing. Omitting the time and place prevents the document from triggering the cutoff of continuous residence, and a later notice supplying it does not cure the omission. Whether the defect defeats the proceeding turns on whether the requirement limits the tribunal's authority or is waived by silence.

6 min readFederal law

Immigration & Naturalization

When Unlawful Presence Stops Accruing

Unlawful presence does not accrue while a person is under eighteen, while a bona fide asylum application is pending absent unauthorized employment, or while a person falls within the family unity, battered spouse and trafficking victim exceptions. The statute separately tolls accrual for a limited period where a timely nonfrivolous request to extend or change status is pending, and that tolling reaches only the shorter of the two bars. Agency practice extends the same treatment more broadly.

6 min readFederal law

Immigration & Naturalization

The Certificate of Loss of Nationality and Its Review

Where a consular officer has reason to believe that a person abroad has performed an act causing loss of United States nationality, the officer certifies the facts to the Department of State. The department approves or disapproves, and that decision is the final administrative determination. An approved certificate is furnished to the person and transmitted to the immigration authorities. Reconsideration and a statutory action in district court are the routes for challenging it.

6 min readFederal law

Immigration & Naturalization

The Petition for Review and the Thirty-Day Bar

A final order of removal is reviewed on a petition filed in the court of appeals for the circuit where the immigration judge completed proceedings, within thirty days of the order. The petition is the sole and exclusive means of review, and filing does not stay removal. The court is confined to the administrative record, treats findings of fact as conclusive unless a reasonable adjudicator would be compelled to conclude otherwise, and may not review most discretionary determinations.

6 min readFederal law

Immigration & Naturalization

The Fee That Comes After the Visa and Before the Card

After an immigrant visa is issued and before the permanent resident card is produced, the immigration agency collects a separate fee covering the processing of the visa packet on arrival and the production of the card itself. The payment is made online using the case identifier and registration number printed on the visa. Non-payment does not affect the status acquired on admission; it prevents the card from being produced, which leaves the new resident without ordinary documentary proof.

5 min readFederal law

Immigration & Naturalization

Advisory Opinions From the Visa Office on a Legal Question

The Secretary of State administers the visa laws except for the granting and refusal of individual visas, which the statute reserves to consular officers. Where a refusal turns on the interpretation of a statute or regulation rather than on the facts, the Department may issue an advisory opinion, and its determination on the question of law binds the officer. Findings of fact remain with the post, which is why an opinion resolves a rule without deciding a case.

6 min readFederal law

Fields of law

This journal

Immigration & Naturalization — page 3

Defects in a Notice to Appear and What They Do

When Unlawful Presence Stops Accruing

The Certificate of Loss of Nationality and Its Review

The Petition for Review and the Thirty-Day Bar

The Fee That Comes After the Visa and Before the Card

Advisory Opinions From the Visa Office on a Legal Question