Immigration Law Subject Matter Outline
Due to the current changing nature of immigration law, and typically low number of examinees each year, the Board of Legal Specialization will offer the immigration law specialty exam during even years only until further notice.
The exam will be offered in 2020, 2022, and 2024, etc. Applying for certification may require more planning in order to meet the CLE requirements for certification. Please contact Denise Mullen with any questions.
Complete a Declaration of Intent Form to declare your interest in becoming a board certified specialist. Submission of this declaration form allows the specialization staff to review the applicant’s progress toward meeting the standards for certification, as well as to keep the applicant informed of application deadlines and other available resources. No payment is due with the declaration.
Immigration Law Exam Structure
- 2022 exam offered at the NC State Bar building (ExamSoft Remote Proctoring upon request).
- Four 90-minute modules (six hours total).
- Exam sessions will begin around 8 AM and finish prior to 5 PM.
Morning Module 1
- 16 multiple choice questions regarding family immigration issues (3 points each).
- One long essay question regarding family immigration, and naturalization and citizenship issues (80 points).
Morning Module 2
- 15 multiple choice questions regarding employment immigration issues (3 points each).
- 1 long essay question regarding employment immigration issues (80 points).
60-minute lunch break
Afternoon Module 1
- 16 multiple choice questions regarding removal, bond, and temporary/humanitarian protection immigration issues (3 points each).
- 1 long essay question regarding removal, bond, and temporary/humanitarian protection issues (80 points).
Afternoon Module 2
- 23 multiple choice questions regarding other non-immigrant visa, asylum, refugee, naturalization, federal litigation, non-EOIR administrative appeals, and ethics immigration issues (3 points each).
- 10 short answer questions regarding other non-immigrant visa, employment, family, naturalization, removal, and ethics issues (5 points each).
All questions require responses that demonstrate accuracy, clarity (including spelling and grammar), reasoning, recognition of the problems presented, knowledge of the principles of law involved and correct application of those principles. Full or partial credit for answers may be given.
Subject Matter
The examination shall cover the applicant's knowledge and application of the law in all areas of immigration law including, but not limited to, the following topics:
(A) FAMILY IMMIGRATION
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Affidavits of support—when to use and requirements for I-864, I-864W, I-864EZ and I-134 |
Special Immigrant/Widow(er) |
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Relationship definitions (out-of-wedlock births, step-child, etc.) |
Child Status Protection Act |
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K-1 requirements and adjustment after K-1 |
Life Act |
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Foreign state chargeability |
Child Citizenship Act |
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VAWA |
Removal of Conditions (I-751) |
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Adjustment of status versus consular processing |
Adam Walsh Act |
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Orphans--Hague and non-Hague Convention cases |
Accompanying and following to join |
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Marriage fraud bar |
Marriages while in proceedings |
(B) EMPLOYMENT RELATED IMMIGRATION
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Work authorization related to F-1, OPT, and CPT |
Employment eligibility of spouses of different NIV classes |
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AC 21 |
Concurrent filings of I-140/I-485 |
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Portability |
B-1 in lieu of H-1B |
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Grace periods following termination of employment or studies |
R visas and P visas |
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7th year extension of H-1Bs |
TN Visas |
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LCAs |
Visa durations |
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Prevailing wage |
Employment-based immigrant visas – all categories |
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Premium processing |
Labor Certification Application (PERM) |
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H-1B cap and exceptions |
E visas |
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L-1As, L-1Bs, and blanket L-1s |
Employer Verification, Sanctions, and Fine Proceedings – SSN No Match |
(C) NATURALIZATION AND CITIZENSHIP
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Continuous residence and physical presence requirements (and the statutory exemptions) |
Language and civics test and exceptions |
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Good moral character requirements and effect of convictions on GMC |
Acquisition of citizenship by birth and through parents |
(D) ADMISSIBLITY, MAINTENANCE OF STATUS, UNLAWFUL PRESENCE AND ELIGIBILITY FOR ADJUSTMENT EXTENSION, OR CHANGE
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All grounds of inadmissibility under INA § 212 and their waivers |
3rd Country Consular Processing |
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Maintenance of NIV status, nunc pro tunc extensions |
"Homeless” cases |
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Nuances of unlawful presence |
Arriving aliens |
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Impact of pending removal proceedings or final order on AOS |
Visa revalidation |
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D/S designation and accrual of unlawful presence |
Visa revocation |
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Eligibility for AOS under INA § 245(a) and (c) |
Material misrepresentation and false claims to citizenship |
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Employment authorization, including OPT |
(E) ADMINISTRATIVE HEARINGS AND APPEALS AND CRIMINAL ISSUES
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Deportation, removal, and exclusion proceedings |
The stop-time rule |
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Bond redetermination |
Crimes committed by minors |
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Cancellation of removal for LPRs and non-LPRs |
237(a)(1)(H) waiver: grounds covered and prima facie eligibility |
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AOS in proceedings |
212(c): elements of eligibility for relief and impact of IIRIRA |
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Definition of a conviction for immigration purposes, INA § 101(a)(48) |
212(h): elements of eligibility for relief and 4th Circuit position on LPR eligibility |
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Criminal grounds of removability and inadmissibility |
U Visa as relief in removal |
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Aggravated felonies and crimes involving moral turpitude, including the petty offense exception |
Motion to reopen general filing requirements and deadlines |
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Administrative expedited removal |
Stay of removal |
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Mandatory detention and the Joseph hearing |
Arriving alien burden of proof in proceedings |
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Ineffective assistance of counsel: Padilla claims, Matter of Lozada |
Rescission of residency |
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Effective post-conviction relief, including vacated convictions (Matter of Pickering) and amended sentences (Matter of Cota-Vargas) |
Administrative closure |
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Criminal bars to asylum, withholding of removal and cancellation of removal |
Jurisdiction of BIA and AAO |
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Categorical and modified categorical approach, including basic understanding of the concepts "least culpable conduct", "realistic probability" and "the ordinary case" |
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(F) ASYLUM AND REFUGEE STATUS
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Bars to eligibility |
Differences between asylum, withholding of removal, and CAT |
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Application of the REAL ID Act of 2005 |
Employment eligibility for asylees |
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Protected grounds |
NACARA |
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Eligibility for CAT relief |
Frivolous Applications |
(G) TPS, SIJS, LAW-ENFORCEMENT VISAS, EXECUTIVE ACTION, AND OTHER REMEDIES
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TPS, eligibility, re-registration requirements, and late-initial registration |
Consequences of criminal convictions on DACA |
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U visas: grounds of inadmissibility and waivers, qualifying criminal activities direct and indirect victims |
Advance parole for DACA and TPS holders |
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T and S visas |
Parole in place for military family members |
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Special Immigrant Juvenile Status |
Registry |
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Eligibility for DACA |
LRIF |
(H) Federal Litigation
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Jurisdiction |
Mandamus, declaratory judgment, and APA claims |
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Habeas corpus petitions |
Appeals of naturalization to federal courts |
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Petitions for review and ancillary proceedings in judicial courts |
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(I) Ethics
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Third party payment for services |
Joint representation |
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Candor for tribunal |
Meritorious claims and contentions |