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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 USA 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 USA 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.
The Author
List of Abbreviations
Preface
General Introduction
Selected Bibliography
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 Illegal 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 Illegal Exercise of Self-employment
Chapter 4. Legal Remedies and Procedural Safeguards
Index