Course Syllabus
Family Immigration Law
University of Houston Law Center
Spring 2016
Assistant Clinical Professor Janet Beck
Course Description:
Utilizing federal statutes, regulations, case law, the Visa Bulletin, the U.S. Dept. of State Foreign
Affairs Manual as well as federal agency memoranda, students will work individually and in
groups to find legal solutions to hypothetical situations that involve the immigration of families
to the U.S. Students will develop practical skills that will enable them to successfully represent
clients who are seeking immigration benefits through a family member in the U.S. or abroad.
The class will be a combination of lecture, in-class exercises and take-home assignments.
Course Materials:
The book for this class is: Families and Immigration, A Practical Guide, 4th edition, published by
the
Immigrant
Legal
Resource
Center.
http://www.ilrc.org/publications/familiesimmigration Copies will be on 4-hour reserve in the Law Library. There will also be a packet of
supplemental materials (POM), suitable for a looseleaf binder, that students must pick up from
Prof. Beck’s office before the first class.
Laptops:
Students must bring their laptops to class as there will be times when they will be using them for
class exercises.
Class Hours:
The class will meet from 6 to 7.20 pm on Mondays and Wednesdays starting Wednesday Jan. 21.
Attendance Policy:
Students are expected to attend and be prepared for each class. The University of Houston Law
Center has a minimum 80% attendance policy for students. Students who attend fewer than the
minimum percentage of required classes may be automatically dropped from the course.
Grading:
Grading will be as follows: 20% class participation, 40% take home assignments, 40% final
exam.
Final Exam: May 11 noon
The final exam will be a take-home final exam due at noon on May 11. The final exam must be
turned into the UHLC O'Quinn Law Library's reference or circulation desk.
Honor Code: The University of Houston Law Center Honor Code must be followed with regard
to all assignments and exams.
Office Hours:
1
To meet with Prof. Beck with questions regarding the class, students should email her with
several of their available meeting times at jbbeck2@central.uh.edu
Week 1 (January 20)
Overview of Immigration Law
POM: Tab 1
1. Immigration Overview PowerPoint
2. Primary Sources cover pages: Immigration and Nationality Act (INA/8 USC); 8 CFR; 22
CFR
3. U.S. Constitution
 Art. I § 8 cl. 3 (Commerce Clause)
 Art. I § 8, cl. 4 (Naturalization)
 Art. 1 § 9, cl. 1 (Migration and Importation Clause)
 Amendment 5 (Due process)
4. Glossary of Terms
5. Immigration status documents from M-274 (Employer Handbook)
Week 2 (January 25 and Jan. 27)
Marriage, Divorce, Children
Jan. 25:
BOOK: Chap. 1 §§ 1.1-1.2 (stop at “Who Is a Spouse”)
POM: Tab 2
 8 CFR § 204.2(d)(2)(iii) (out of wedlock primary evidence)
 U.S. Dept. of State (DOS) cable and website on Assisted Reproductive Technology
(ART)
 Matter of R. Huang, 26 I&N Dec. 627 (BIA 2015)
Jan. 27
BOOK: Chap. 1 § 1.2 “Who is a Spouse;” Chap. 2 §§ 2.12-2.14
POM: Tab 2
 DOS website for Bolivia regarding acceptable marriage and divorce documents per
country (Visa Reciprocity country documents)
 TX Family Code §§ 2.401, 2.402 (Common Law Declaration of Informal Marriage )
 Matter of Kodwo, 24 I&N Dec. 479 (BIA 2008) (tribal marriage divorce)
 USCIS memorandum, 2012: Transgender status (evidentiary burden)
**TAKE-HOME ASSIGNMENT # 1: Letter to Client. Due Feb. 10**
2
Week 3 ( Feb. 1 and 3)
Priority Dates; Filing Family-Based Petitions
Feb. 1 and 3
BOOK: Chap. 1 §§ 1.4, 1.7, 1.9; 2.5-2.7
POM: Tab 3
 Visa Bulletin (read family categories)
 9 FAM 42.12 Notes 2.3 and 3.1 (Cross-chargeability)
 8 CFR § 204.2(i) Conversion of preference categories and retention of priority dates
 Matter of Zamora Molina, 25 I&N Dec. 606 (BIA 2011)
 I-130 approval, biometrics and interview notices
 CIS form I-130 (with instructions)
Week 4 ( Feb. 8 and 10)
Child Status Protection Act; In-Class Quiz
Feb. 8:
BOOK: Chap. 1 § 1.10 A-E, H
POM: Tab 4
 American Immigration Council Practice Advisory on the Child Status Protection Act,
Feb. 2015
 Matter of Wang, 25 I&N Dec. 28 (BIA 2009)
Feb. 10: IN-CLASS SHORT ANSWER QUIZ (Ungraded)
Week 5 ( Feb. 15 and 17)
Death of Petitioner; Bars to Relative Petition Approvals; Revocation
Feb. 15
BOOK: Chap. 1 § 1.1, 1.12; Chap. 1 pps. 1-47-49, 54D.
POM: Tab 5
 INA § 204(l) Death of petitioner
Feb. 17:
BOOK: Chap. 2 §§ 2.17-2.18
POM: Tab 5
 USCIS Interoffice Memorandum, Adam Walsh Child Protection and Safety Act of 2006,
Feb. 8, 2007
 Matter of Jackson and Erandio, 26 I&N Dec. 314 (BIA 2014)
 8 CFR § 204.2(a)(1)
3
Week 6 ( Feb. 22 and 24)
Marriage Fraud and Interviewing In-Class Exercises
Feb. 22
BOOK: N/A
POM: Tab 6
 INA § 204(c)
 Matter of Christo’s Inc., 26 I&N Dec. 537 (AAO 2015)
Feb. 24:
In-class interviewing exercises based on course materials Jan. 20 through Feb. 22
**TAKE-HOME ASSIGNMENT # 2: Letter to USCIS Due March 9**
Week 7 (Feb. 29 and March 2)
Feb. 29: Adjustment of Status; Accompanying v. Follow to Join
BOOK: Chap. 3 §§ 3.1-3.2
POM: Tab 7
 INA § 245(a)
 Matter of Quilantan, 25 I&N Dec. 285 (BIA 2010)
 Matter of Legaspi, 25 I&N Dec. 328 (BIA 2010)
 Accompanying v. Follow to Join
 Flow Chart for Immediate Relative Spouse of USC
March 2: Conditional Permanent Resident Status: Spouses and Children; Joint Petitions
and Waivers for Removal of the Conditional Status
BOOK: Chap. 3 § 3.1-3.14, 3.18-3.28
POM: Tab 7
 Matter of Anderson, Int. Dec. 3231 (BIA 1994)
 Matter of Balsillie, 20 I&N 486 (BIA 1992) (waivers)
 Waggoner v. Gonzales, 488 F.3d 632 (5th Cir. 2007)
 Matter of Keisha Munroe, 26 I&N Dec. 428 (BIA 2014)
 USCIS form I-751
Week 8 (March 7 and 9)
Affidavits of Support and Consular Processing
March 7:
BOOK: N/A
POM: Tab 8
4

In the Marriage of Kamali, 356 S.W.3d 544 (Tex.App.—Texarkana 2011)
March 9:
BOOK: Chap. 4
POM: Tab 8
 DS-260 website (DOS)
 American Embassy- New Delhi, India
 Flow chart for unmarried sons and daughters of LPR
SPRING BREAK MARCH 14-19
*TAKE-HOME ASSIGNMENT # 3 Letter to Client due April 20*
Week 9 (March 21 and 23)
Grounds of Inadmissibility; Waivers
March 21 and 23: Grounds of Inadmissibility and Waivers
BOOK: Chaps. 5 and 6
POM: Tab 9:
 9 FAM 40.6 Exhibit 1 (Chart regarding waivers)
 INA § 212(a) peruse this section
 INA § 212(g), (h), (i)
 Eid v. Thompson, 749 F.3d 118 (3d Cr. 2014) (timely retraction)
 Singh v. Gonzales, 413 F.3d 156 (1st Cir. 2005) (misrepresentation)
Week 10 (March 28 and 30)
Grounds of Deportability; Removal Proceedings
March 28: Grounds of Deportability
POM: Tab 10:
 INA § 237- peruse this section
 CIS denial of I-130 and I-485; Notice to Appear (NTA)
March 30: Removal Proceedings with pending petitions
POM: Tab 10
 Chart Grounds of Admissibility and Deportability
 Matter of Hashmi, 24 I&N Dec. 785 (BIA 2009) (continuance I-130)
 Matter of Stowers, 22 I&N Dec. 605 (BIA 1999) (continuance INA § 216 waiver)
5
Week 11 (April 4 and 6)
Mock Removal Hearings vis-à-vis I-130 and I-751
Quiz (Not to be graded)
April 4: Mock Removal Hearing
BOOK: N/A
POM: Tab 11
 Notice to Appear
April 6: Short Answer Quiz (Not to be graded)
Week 12 (April 11 and 13)
Fiance(e) petitions and VAWA
April 11: Fiance(e) petitions
BOOK: Chap. 1--1.3
POM: Tab 12
 USCIS Fiance(e) Visas and K-3/K-4 Nonimmigrant visas
 Matter of Zeleniak, 26 I&N Dec. 158 (BIA 2013) (same-sex fiancee)
April 12: Violence Against Women Act petitions
BOOK: Chap. 7
POM: Tab 12
 Powerpoint: Violence Against Women Act
 USCIS Policy Memorandum: Child VAWA petitions after Attaining Age 21
Week 13 (April 18 and 20)
Dual Representation; Military Spouses
April 18: Dual Representation
POM: Tab 13
 “Finding the Golden Mean in Dual Representation,” Cyrus Mehta
April 20: Military Families
POM: Tab 13
 USCIS Policy Memorandum: Parole of Spouses, Children and Parents of Active Duty
Members of the U.S. Armed Forces….”
Week 14 (April 25 and 27)
Efficient ways of handling family petitions in a small law office
6
Review
April 25:
Guest Speaker: (TBA) Efficient ways to handle family petitions in a small law office
April 27
Review (come to class with questions; we will also review key concepts)
**FINAL TAKE-HOME EXAM DUE: May 11
Noon** Turn in Exam at the UHLC O'Quinn Law Library's
reference or circulation desk no later than May 11 at Noon
7