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Migration Law in the United States 2nd ed

ISBN13: 9789403533407
Previous Edition ISBN: 9789041134424
Published: April 2021
Publisher: Kluwer Law International
Country of Publication: The Netherlands
Format: Paperback
Price: £75.00

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Derived from the renowned multi-volume International Encyclopaedia of Laws, this monograph on the rules on immigration and right of residence of non-nationals in the United States examines the legal and administrative conditions for persons not having the citizenship of a State to enter the country and to stay and reside there. It provides a survey of the subject that is both usefully brief and sufficiently detailed to answer most questions likely to arise in any pertinent legal setting. It follows the common structure of all monographs appearing in the International Encyclopaedia for Migration Law, thus allowing easy comparison between the country studies.

As migration and economic activities are often interlinked, the analysis pays particular attention to labour market access and regulation of self-employed activities for non-nationals. The book describes the status of such specific categories of persons as students, researchers, temporary workers, and asylum seekers, as well as the position of family members, detailing applicable legislation and providing practical information on administrative procedures, sanctions, and legal remedies and guarantees. The impact of international human rights law and various bilateral and multilateral agreements is considered, along with the broader application of national and local law to non-citizens in such areas as family relations, labour, social security, and education.

Lawyers, scholars, practitioners, policymakers, government administrations, and non governmental organizations involved in the development, practice and study of migration law will find this book indispensable. It will be welcomed by lawyers representing parties with interests in the United States and immigration specialists in both public and private organizations. Academics and researchers also will appreciate its value in the study of comparative trends and harmonization initiatives affecting migrants.

Other Jurisdictions , USA
List of Abbreviations
General Introduction
Part I. Border Control and Entrance
Chapter 1. Organization of Border Control
Chapter 2. Right to Enter the Country
Chapter 3. Refusal of Entry: Inadmissibility
Part II. Right of Residence: General Provisions
Chapter 1. Short Stay: Nonimmigrants—Visa Waiver Program
B-1 Business Visitors and B-2 Visitors for Pleasure
Chapter 2. Residence: Nonimmigrants
Chapter 3. Long-Term Residence: Immigrants
Part III. Right of Residence for Special Categories of Persons
Chapter 1. Nationals with Preferential Treatment
Chapter 2. Students
Chapter 3. Researchers
Chapter 4. Labor and Economic Migration
Chapter 5. Humanitarian Reasons
Chapter 6. Asylum
Chapter 7. Others: Diversity Immigrants
Part IV. Loss of Right of Residence
Chapter 1. Conditions under Which the Right of Residence Might Be Lost
Chapter 2. Legal and Administrative Procedures
Part V. Sanctions
Chapter 1. Sanctions
Chapter 2. Sanctions Against Persons Helping Illegal Immigrants or Residents
Part VI. Legal Remedies and Procedural Safeguards
Chapter 1. Legal Remedies in Case of Refusal of Right to Enter, Stay or Reside
Chapter 2. Procedural Safeguards
Part VII. Access to the Labor Market
Chapter 1. Overview of Applicable Legislation
Chapter 2. Conditions for Entitlement to Work in the Country as an Employed Person
Chapter 3. Sanctions Against Irregular Participation in the Labor Market
Chapter 4. Legal Remedies and Procedural Safeguards
Part VIII. Access to Self-Employed Activities
Chapter 1. Overview of Applicable Legislation
Chapter 2. Conditions for Entitlement to Work in the Country as a Self-Employed
Chapter 3. Sanctions Against Irregular Exercise of Self-Employment
Chapter 4. Legal Remedies and Procedural Safeguards
Selected Bibliography