AMB 1400 Nationality And Immigration Law Flashcards
United States Citizens and Nationals have the ______ to enter the US.
Right
Also may NEVER be removed from the US
Aliens seek the _______ of entering and/or remaining in the US.
Privilege
They must demonstrate lawful basis for admission
Who may never be removed or denied entry to the US?
United States Citizens or Nationals
State the two legal principles upon which laws governing the acquisition of US citizenship at birth are based.
At Birth
- Jus Soli (right of the soil) = born in the US AND subject to jurisdiction of US
- Jus Sanguinis (right of the blood) = based on citizenship of parents
Name the sources of authority conferring US citizenship at birth.
Jus Soli (right of the soil) = born in the US AND subject to jurisdiction of US (from 14th amendment and 1866 civil rights)
Jus Sanguinis (right of the blood) = based on citizenship of parents = congress
What does naturalization mean?
Conferring of national of a state upon a person after birth by any means whatsoever
Example: an immigrant (legal permanent resident) “naturalizes” = US grants that alien US citizenship
US Citizenship can be conferred what ways?
At birth: -birth in the US (Jus Soli) -birth outside US to US parent(s) (Jus Sanguinis) After birth: -derived from naturalized US parents -Naturalization -Act of congress
What are acceptable documents to prove US Citizenship?
US passport (constitutes conclusive proof of US citizenship)
US birth certificate
Certificate of citizenship
“Report of birth abroad of a citizen of the US” (FS-240)
Judicial Declaration
What is the definition of a national of the United States?
A person who owes permanent allegiance to the US (includes US citizens)
Remember, all citizens are nationals, but not all nationals are citizens
who are non-citizen US nationals?
Those born in the Outlying Possessions (OLP)
- Swains Island
- American Samoa
What is considered to be “geographically” United States?
Areas “subject to jurisdiction”
- Continental US (lower 48)
- Alaska
- Hawaii
- Puerto Rico
- Guam
- US Virgin Islands
- Commonwealth of Northern Mariana Islands (CNMI)
What are the current US OLPs (outlying possessions)?
Swains Island
American Samoa
May non-citizen nationals be denied entrance or removed from the US?
NO!
What is the definition of an alien?
A person who is not a US citizen or US national
What are factors in determining US citizenship?
- Location of birth
2. Citizenship of individual parents
When do you use Chart 1 for determining US Citizenship?
Child born outside the US, in wedlock, to at least one US Citizen
Wedlock = at any time prior to the child’s birth the mother married the child’s biological father
When do you use Chart 2 for determining US Citizenship?
Child born outside the US, not in wedlock, to at least one US Citizen
Not in wedlock = not lawfully married (unmarried mother, or bigamous, polygamous, or adulterous relationship)
When do you use Chart 3 for determining US Citizenship?
Child, who is a legal permanent resident, and born to parents who naturalized after child’s birth (before turning 18/21)
operative even is later of date child became a legal permanent resident (LPR) or date the parent naturalized
Born outside the US as a lawful permanent resident, regardless of wedlock, to alien parents and at least one parents has naturalized
A child was born today to alien parents in Minot, North Dakota. Is the child a US citizen or an alien? Why?
Yes, born in the US AND born subject to US jurisdiction = jus soli
A child was born out of wedlock on June 6, 1960, to a Mexican female alien who was residing illegally in the US. Is the child a US citizen or an alien? Why?
US citizen, born in the US AND subject to US jurisdiction = jus soli
Is the Prime Minister of Spain subject to our jurisdiction, for nationality law purposes, when he is on an official visit to this country?
No, official visits are an exception to being born subject to US jurisdiction
Is the ambassador to the Unites States from Belize subject to our jurisdiction for nationality law purposes?
No, ambassadors are not subject to US jurisdiction
Is a Consular Officer from Italy stationed in the United States subject to our jurisdiction for nationality law purposes?
Yes, not on “blue list”
Is the state owned warship used to transport the Prime Minister of Canada subject to our jurisdiction for nationality law purposes?
No, alien warships permitted to enter port are not subject to US jurisdiction
If Cuba landed troops in Puerto Rico in a war, are they subject to our jurisdiction for nationality law purposes?
No, alien enemies born during a hostile occupation are not subject to US jurisdiction
Is a child born to an illegal alien in El Paso, Texas a United States citizen? Why?
Yes, born in the US AND born under US jurisdiction = jus soli
Is a child born in Washington DC to the wife of the Norwegian Ambassador to the United States, a US citizen? Why?
No, born in the US but not born subject to US jurisdiction
A naturalized citizen may lose US citizenship only through?
Action of the judicial system (not through an administrative process) = The US Attorney must bring a lawsuit against the naturalized citizen to revoke the citizenship
What are grounds for a naturalized US citizen to lose citizenship?
- Refusing to testify regarding subversive activity within 10 years after naturalizing
- Illegally concealment of fact or willful misrepresentation that would have caused naturalization to be denied (ie. Fraud on the immigrant process)
- Within 5 years after naturalizing becomes a member of organization that would have prevented him/her from naturalizing
Where may a US citizen voluntarily renounce nationality and allegiance?
Outside the US = before a diplomatic/consular officer
Inside the US = during war by formal written renunciation before a DHS officer
Actions that will cause the loss of US citizenship must be _____ and ______.
Intentional & voluntary
A US citizen (born or naturalized) shall lose his nationality by voluntarily performing what acts with the intention of relinquishing US nationality?
- Naturalization in a foreign state
- Taking an oath or formal declaration of allegiance to a foreign state
- Entering or serving in the armed forces of a foreign state
- Accepting, serving, or performing duties of any office, post or employment under the government of a foreign state
- Committing any acts of treason against, or attempting by force to overthrow, or bearing arms against the US
What are the exceptions to Jus Soli regarding “subject to US jurisdiction”?
- Born to foreign sovereigns on state visits
- Born to foreign ambassadors
- Born to alien enemies during a hostile occupation
- Born to alien on public armed warship permitted to enter a port
Define “citizen”
Reciprocal arrangement between the sovereign (the government) and a citizen in which the citizen “derives protection from, and consequently owes obedience or allegiance to the sovereign”
What is the definition of a “National”
A person who owes permanent allegiance to the US
Note: all citizens are nationals, but not all nationals are citizens
A citizen of Peru (a member of the six-month club) is seeking admission to the US to visit his cousin in Cleveland, OH. He is in possession of a valid, unexpired B-2 visa (visitor for pleasure). However, his passport expires in two weeks. Will he be allowed entry into the US to visit his cousin? If so, for what maximum period of time?
Yes, for two weeks (maximum period of stay cannot extend beyond the expiration date of his passport)
A citizen of Saudi Arabia (not a six-month club country) is seeking admission to the US to visit his cousin in Cleveland, OH. He is in possession of a valid, unexpired B-2 visa. However, his passport expires in two months. Will he be allowed entry into the US to visit his cousin? If so, for what maximum period of time?
No, he will not be allowed entry because his passport must be valid for 6 months beyond a nonimmigrant alien’s intended stay
T/F: A nonimmigrant visa may be issued to an alien who does not have a passport.
True, there are some exemptions to the passport requirement
T/F: There is a presumption that all aliens are nonimmigrants
False, there is a presumption that all aliens are intending immigrants until the establish a non-immigrant classification
T/F: Being in possession of a valid passport and nonimmigrant visa guarantees an alien admission into the United States.
False, possession does not guarantee admission
Possession = privilege of applying for admission
T/F: Generally, the period of validity of an NIV relates to the time period during which the applicant for admission must apply for admission and not to the period of admission to the US.
True, visa only needs to be valid on the date the alien is applying for admission
Validity period is different from the period of admission
You encounter a Mexican citizen who states that he is driving to Chicago, IL to attend a wedding. He presents a B-1/B-2 Laser Visa (DSP-150). Should he have any other documentation?
I-94 because of distance from southern border
During a pilot certification check, you encounter a Mexican citizen who is arriving at the Brownsville, TX airport on a private plane. He is the guest speaker at a business luncheon in downtown Brownsville (southern border city). He will be staying for four hours. He presents a B-1/B-2 Laser Visa and passport. Should he have any other documents?
No, the BCC (Border Crossing Card) can be used as a traditional visa when accompanied by a passport at used at any type or POE
A Mexican citizen is fishing near the Rainbow Bridge, Niagara Falls, NY. He states that he will be staying for only a few hours. He presents a passport and B-1/B-2 Laser Visa. Should he have any other documentation?
I-94
You encounter a Mexican citizen walking the Pacific Coast Trail near San Diego, CA, a border city. He will be monitoring the migration of the Monarch butterfly for about six weeks. He presents a B-1/B-2 Laser Visa. Should he have any other documentation?
Yes, an I-94 because he is staying more than 30 day
T/F: CBP officers at ports of entry are authorized to issue NIVs.
False, NIVs are issued by Department of State (DOS) at embassies and consulates
T/F: CBP officers at US consulates and embassies are authorized to issue NIVs.
False, issued by Department of State (CBP officer is DHS)
For how many months are immigrant visas valid?
Generally, six months is the maximum period of validity for an immigrant visa
You encounter an Israeli citizen who states that he is flying a rented plane to Chicago, IL to attend a wedding. He presents a valid passport as well as an expired passport that has a valid B-1/B-2 visa and I-94. What is his classification? Has he violated his status?
What if the plane has DJ equipment in it and he admits to being hired as the wedding singer?
B-2 and his actions are consistent with his classification
Can’t work with B-2 visa so he has now violated status
A Canadian citizen is fishing near the Rainbow Bridge, Niagara Falls, NY. He states that he will be staying for only a few hours. He presents a Canadian Enhanced Driver’s License. What is his classification? Should he have any other documentation?
B-2 classification
EDL = WHTI compliant document
No need for visa
No need for I-94
A gentleman from France (a Visa Waiver Country) is coming to the US to see his granddaughter (A US Citizen) graduate from college. What is his classification?
WT (Waiver Country for Tourist = WT)
Which of the following is correct about non-immigrant D classification?
D-1 & D-2 = permitted to land for 29 days (NOT ADMITTED TO THE US)
D-1 = crew member will depart on same vessel or same airline
D-2 = crew member will depart on other than arriving vessel or different airline
Which of the following is correct about I-95?
It is evidence of being granted permission to land temporarily
It is given to admissible non-immigrant crew members
It is usually presented with other entry documents at time of inspection
Which of the following are acceptable entry documents for crew members who are LPRs (Legal Permanent residents)?
Form I-551 (Permanent Resident Card)
Valid Reentry permit
Refugee travel document endorsed “LPR”
Note: passport not required
T/F: A US passport is the only acceptable documentation that a US citizen crew member may present.
False, may present a US Merchant Mariner’s Document (Z card) in lieu of passport
T/F: When a crew member is inadmissible, an I-259 is served on the master of the vessel.
True, the form instructs the master that the inadmissible crew member must Ramon on board the vessel
Jose, a citizen and resident of Venezuela, is a cargo specialist and cook. He arrived on the cargo vessel El Tiempo. He will return to Venezuela in 10 days on the El Sol, another cargo vessel. What was Jose’s classification at entry? Which entry documents will be required of him?
D-2 because departing on another vessel
I-95 & I-408
Kales, a German crew member, entered on M/V Colombo Express. He intends to leave on the M/V Houston Express in five days. What forms must he have?
D-2 classification because departing on another vessel
I-95 (crewmember landing permit) & I-408 (pay off/discharge alien crewman)
Phil, a 42 year old Greek citizen, is encountered in the US at the Ambassador Bridge in Detroit, MI. He states that he is a student at Harvard University. What documents should he have?
What is his classification? How long can he be in the US?
F-1 classification
SEVIS Form I-20AB
Admission is for “duration of status”
Jake, aCarlos is a citizen and resident of Guatemala. He arrived on Aviateca Flight 315 from Guatemala City as a First Officer. He will return to Guatemala on tomorrow’s outbound Aviateca flight as a flight attendant. What was Carlos’ classification at entry, and which documents should he have?
D-1 because he will depart on the same airline
I-95 (crewmember landing)
What is the definition of a crew member?
A person of either gender serving in any capacity on board a vessel or aircraft
(Typically manifest, which includes the crewman’s name and position, is presented to CBP officer)
Which form is used to document most nonimmigrant crew members?
A manifest, which includes the crewman’s name and position, is used to document the crew members
I-418
What documents, if any, are US LPR crew members required to present?
Form I-551 (Permanent resident card) or
Reentry permit or
Refugee travel document endorsed as “LPR”
Note: A passport is not required
Yolaly, a citizen of Portugal, is the beneficiary of an immigrant visa based on a petition filed by her husband who is a naturalized US citizen. They have been married 4 years. What is her category?
IR1
The German father of a 25 year old US citizen is coming to reside and work permanently in the US. He will live with his son until he finds a home of his own. An I-130 has been approved on his behalf. What is his category?
IR5
A citizen of Belize seeks admission to live with his US citizen wife, Tasha. They met last month in London while she was on vacation. Since it was love at first sight, they were married immediately. What is his category?
CR1
The Japanese wife of a US citizen seeks to reside permanently in the US while her husband completes his tour of duty with the US. What is her category?
IR1 or CR1 depending on length of marriage
Under what circumstances would an immigrant be admitted as a conditional resident?
If you immigrated to the US as a spouse of a US citizen before the second anniversary of the marriage (which is the basis of immigration status)
Note: children, including step children, would also be conditional residents
T/F: Issuance of an immigrant visa by a consular officer overseas guarantees admission of the alien.
False, simply an applicant for the privilege of admission
T/F: Generally, the maximum period of validity of an immigrant visa is 6 months.
True (and passport valid at least 60 days beyond expiration date)
T/F: Certain classes of immigrants may receive an immigrant visa within the US.
False, they may adjust status in the US and receive an immigrant classification, but not an immigrant visa
T/F: Only aliens over the age of 18 must appear personally before a consular officer
False, all aliens must make an appearance unless waved (typically children under 14)
T/F: Being in possession of a valid passport and nonimmigrant visa guarantees an alien admission into the US.
False, only allows for privilege of application
T/F: Some employment-based immigrants must have an I-864, Affidavit of Support, on file when they immigrate to the US.
True, if the petitioning employer is a relative of the alien
T/F: The grounds of inadmissibility under INA §212(a) do not apply to family members of US citizens.
False, apply to all aliens attempting to enter US
T/F: Medical examinations are routinely waived for immigrants under the age of 14.
False, the personal appearance and interview with consular official is generally waives for children under 14 years of age
T/F: Aliens are presented with Form I-551 on the day they are admitted as immigrants.
False, POEs do not produce form I-551, they collect the information needed to make the document
Immigrants are given a MRIV (machine readable immigrant visa) with admission stamp to serve as evidence of admission as a LPR
T/F: Most permanent resident cards have validity dates of 10 years.
True
T/F: An alien is presumed to be a nonimmigrant unless he or she uses an immigrant visa to immigrate to the US.
False, all aliens are presumed to be intending immigrants
T/F: An alien is any person who is not a citizen or national of the US.
True
T/F: Every recipient of an immigrant visa must have a valid passport to immigrate to the US.
False, not all need a passport
T/F: The application for the immigrant visa must be made in person.
True
T/F: Medical must include evidence of vaccination against vaccine-preventable diseases
True
T/F: Form I-864 does not have to be submitted for Immediate Relatives.
False, required for all immediate relatives
Not required for widows/widowers, batters spouses, and their children
T/F: Immediate Relatives of US citizens are exempt from immigrant visas when entering the US.
False, all immigrants (with a few exceptions) need a physical immigrant visa to enter the US
Jackie, an LPR, petitioned for Paul, her 28 year old bachelor son. He would have what classification, if any?
Paul’s 9 year old adopted son is accompanying him and is riding on Paul’s petition. What is his classification?
F24 because petitioner is an LPR
F25 because he is an unmarried child of F24
Diana is an LPR. She is so impressed with schools in the US that she has petitioned for her Australian children to immigrate and enroll. He Australian husband, however, wishes to remain in Australia for at least 1 more year to complete some business arrangements. Consider Diana’s 17 year old son Andrew.
F22
Armand is an LPR. Years ago he was on a business trip in Curaçao where he met Sienna. They have been married for 3 years.
Sienna has a 15 year old daughter who is riding on her mother’s petition.
F21
F23 because unmarried child of F21
Eva immigrated to the US as a sister of a US citizen 5 years ago. Today she wishes to petition for Fernando, her husband of 3 years, who is finally able to join her in the US.
Note: (The classification cannot be an F42 as she was not married to him when she became an LPR)
F21
How old must a US citizen be to petition for the following:
Parent?
Brother/sister?
Spouse?
Parent = 21 years old Brother/sister = 21 years old Spouse = no minimum age (must be 18 and have a residence to sign I-864 affidavit of support)
In order to be classified as a family second preference (F2__), the alien beneficiary must be related to whom?
An LPR (Lawful Permanent Resident)
Who has the right to enter the US?
US Citizens & nationals
Who can be removed from the US?
Aliens
List 4 situations in which a person born in the US does not acquire US citizenship at birth.
When they are not born subject to US jurisdiction:
- foreign sovereign on state visit
- foreign ambassador
- alien enemy during hostile occupation
- alien public warship permitted to enter a port
Define the term “immigrant”
Alien entering the US to remain permanently
A child was born on Kodiak Island, Alaska, on 7/4/1953 to an alien mother & a US citizen father. The father lived in the US for 3 months before the child was born. Is the child a US citizen or an alien? Why?
US citizen, because the child was born in the US and subject to US jurisdiction
A child was born aboard a British ocean-liner in 1978. The ship was in port in Delaware for emergency repairs. The child’s parents, both citizens of England, remained on board the entire period that the vessel was in port. Two hours after the child’s birth, the vessel sailed for China. The child has never returned to the US. Is the child a US citizen or an alien today? Why?
US citizen, because the child was born in the US (territorial waters) and subject to US jurisdiction
List the Requirements & Steps in the naturalization process.
- Age = 18
- LPR
- Resided in US as an LPR for 5 years immediately preceding filing of petitions
- Absent no more than 1 year
- Physical presence for at least 30 months out of the 5 years)
- 3 months residence in the state or district where petition filed
- Good moral character for at least 5 years (under 14 = assumed GMC)
- Attachment to Constitution
- English language requirement (with exceptions for older people who have been LPRs longer)
- Civics requirement (knowledge of US government and history)
- Oath of allegiance
Steps:
- Initial application
- Fingerprinting
- Examination in English of application
- Applicant swears to correctness
- Investigated by USCIS
- Applicant notified of time/place of ceremony
- Oath of allegiance
- Certificate of Naturalization (N-550)
US citizenship can be renounced outside the US at any time before a ______.
US citizenship can be renounced inside the US ______.
Diplomatic/consular officer
During war by formal written renunciation before a DHS officer
List the ways a native-born US citizen can lose citizenship.
Voluntarily renounce
Automatically upon intentional & voluntary commission of expatriating act performed outside of US:
- Naturalization in a foreign state
- Taking an oath of allegiance to a foreign state
- Entering armed forces of a foreign state
- Employment by foreign government
- Treason, overthrow, or bear arms against US
All persons attempting to enter the US are ______.
“Applicants for admission”
US citizens and nationals have ______ of entering the US. Aliens have ______ of entering the US.
the right // the privilege
What is the general documentary rule for entering the US?
US citizen/national = passport
Alien = valid passport, visa classification (immigrant or nonimmigrant), and an I-94 form
List the different types of passports.
Official = issued to a government officer or employee traveling in an official capacity Regular = issued to a citizen traveling for personal or business purposes Diplomatic = issued to a foreign service officer, person of diplomatic corps Service = certain contractors who travel abroad on a contract with the US government
What is the 6-month club?
Countries with signed agreements with the US
Passports are considered valid for 6 months beyond the passports expiration date (recognized for departure from the US to the passport country)
This allows alien to stay up till passport expiration date
What documents are WHTI (Western Hemisphere Travel Initiative) compliant at an air POE?
US citizen = US passport, NEXUS card, US military ID with travel orders, or US merchant mariner document on official business
Aliens (Canada & Bermuda) = passport
What documents are WHTI compliant at a sea/land POE?
US, Canada, Bermudian Passport US passport card Enhanced Driver’s License Trusted Traveler Card (NEXUS, SENTRI, or FAST) Form I-872 INAC card Enhanced tribal card Military identification card on order US merchant mariner on official business
What are the trusted traveler programs?
Programs where members are issued a photo ID card by CBP on enrollment which allowed then to expedite the customs and immigration process
Examples: NEXUS, SENTRI, FAST, global entry, APEC
Lawful permanent residents (LPR) may use a _____ to enter the US but do not need a _____.
valid permanent resident card or ADIT stamp / passport
A nonimmigrant visa is generally valid for ______.
10 years
What document is issued to most nonimmigrants upon admission? Or on which electronic information is it recorded?
I-94
US ARRIVAL (land border version of US VISIT)
When may a Mexican enter using only a BCC DSP 150?
Only when entering from Mexico for business or pleasure by land or sea (not by air)
If arriving by air must have a passport
What documents does a Bermudian need to enter the US?
Need a Passport (unless entering from contiguous country or adjacent islands with WHTI compliant document by land or sea)
Need a visa (unless entering by air or entering by land or sea from Western Hemisphere)
Need an I-94 (unless traveling for business or pleasure or transiting through the US)
When does a Mexican citizen not get an I-94?
If they have a BCC at a land POE for business or pleasure and staying less than 30 days and traveling less than…75/55/25
If entering for business or pleasure with a passport and B-1/B-2 and staying less than 72 hours within…75/55/25
If entering the US for diplomatic or official passports
What is the visa waiver program?
VWP (Visa waiver program) allows for nationals from certain countries to apply for admission the the US for 90 days or less as temporary visitors for business or pleasure without first obtaining a visa from a US consulate abroad
For whom are the visa classification listed below used? B-1 B-2 WB WT D-1 F1
B-1 = business (time necessary) B-2 = pleasure (6 months. - 1year) WB = visa waiver program (business) WT = visa waiver program (tourist) D-1 = crewmember on same vessel or airline F-1 = academic student/language student
LPRs may present what for admission (crewmembers)
Valid permanent resident card (I-551) or ADIT stamp
Reentry permit
Refugee document
(Passport not required)
What is the general validity period for an immigrant visa?
6 months
Identify these classifications: IR1 CR1 IR2 CR2 IR3 IR4 IR5 IW1 IW2 F11 F12 F21 F22
IR1 = spouse of a US citizen (married at least 2 years before alien seeks admission)
CR1 = spouse of a US citizen (married less than 2 years and I-551 valid for only 2 years)
IR2 = child of a US citizen (unmarried younger than 21 years old)
CR2 = stepchild of a US citizen
IR3 = child adopted abroad by a US citizen
IR4 = child to be adopted by a US citizen
IR5 = parent of a US citizen
IW1 = widow/widower of a US citizen (married at least 2 years)
IW2 = child of an IW1
F1
An arriving alien is presumed to be _____.
An intending immigrant until they establish a non-immigrant classification
What is the difference between an examination and an inspection?
Examination = establishing US citizen or national
Inspection = admissibility of alien
Aliens subject to §212 inadmissibility include:
All aliens:
- arriving at POE
- interdicted at sea
- EWI
- paroled
Aliens subject to §237 removability include:
Admitted but violated status
Wrongfully admitted Overstays NIV violators (students working or failing to attend full time) Vaccination violators Smuggling Marriage fraud Criminal Failure to register & falsification of documents Security Public Charge
What is the definition of a crime involving moral turpitude?
Conduct which is inherently base, vile, or depraved, and contrary to the accepted rules of morality and the duties owed between persons or to society in general.
Examples: murder, rape, assault causing bodily harm, robbery, and theft
LPR shall not be regarded as seeking admission unless:
- Abandoned or relinquished LPR status
- Absent in excess of 180 days
- Illegal activity after departed the US
- Departed US under removal process
- Committed criminal offense
- EWI (Entered Without Inspection)
When is expedited removal used?
for aliens:
- lying/fraud/misrepresentation
- lacking proper entry documents
non-judicial so no immigration judge
(Can’t be used for unaccompanied minors)
Visa waiver refusal is ______.
When a visa waiver applicant is found to be inadmissible and refused admission
Removal in immigration court is initiated by a _____ filed before an ______.
Notice to Appear (NTA) Form I-862
Immigration Judge
Define the following:
“Lawfully admitted for permanent residence”
Arriving Alien
Admission and Admitted
LPR = An immigrant with lawful privilege of permanently residing in the US (terminates upon administrative order of exclusion, deportation, or removal)
Arriving alien = applicant for admission coming into the US, alien seeking transit through the US, and alien interdicted in international waters and brought to the US
Admission and admitted = lawful entry of an alien in the US after inspection and authorization by immigration officer
Define child
Unmarried and under 21 years of age
