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