Immigration Law Foundations and Professional Responsibility
The statutory architecture
Every immigration question ultimately traces back to the Immigration and Nationality Act (INA) as amended, with agency regulations and precedent decisions filling in detail. Understand the cast of agencies: USCIS adjudicates benefits, ICE enforces, CBP inspects at the border, EOIR runs removal proceedings, and the Department of State issues visas abroad. Know the difference between a statute, a regulation, and a precedent decision (an AAO or BIA decision binds only in the case before it unless designated as precedent).
Core conceptual anchors
Master the distinction between admission and status, between inadmissibility (INA §212) and deportability (INA §237), and between consular processing and adjustment of status. Questions frequently test whether a ground applies at the border, at adjustment, or in removal. Remember the burden framework: an applicant for admission bears the burden of proving clearly and beyond doubt that they are admissible.
Professional responsibility
Attorneys must advise clients of consequences, avoid conflicts, and never assist in fraud. California attorneys face additional State Bar duties, including competence in immigration matters. Unauthorized practice of law (UPL) - notably notarios públicos - is a recurring trap.
Worked example
A client with a prior removal order asks about filing a new family petition. Rule of thumb: a petition approval alone does not erase the order; you must analyze whether the client needs a motion to reopen, an I-212, or consular processing with an I-601A waiver. Always map the procedural posture before the substantive eligibility.