Extra Review

Question 1

A noncitizen’s presence without authorization is __ but not __

Answer 1

grounds for removal, criminal violation

Question 2

Exclusion today refers to both ___

Answer 2

-adjudicating inadmissibility
- removal of those who entered without formal admission

Question 3

Expulsion can be based on __

Answer 3

inadmissibility or deportability

Question 4

Jus soli is embodied in __

Answer 4

14A

Question 5

WKA held that acts of congress cannot __

Answer 5

exclude persons of Chinese descent born in US from clear words of the constitution

Question 6

Critiques of jus soli

Answer 6

• arbitrary
• prone to abuse
• doesn’t necessarily reflect actual ties to the territory

Question 7

CCP holding

Answer 7

Cong power to exclude is absolute and not subject to judicial review

Question 8

CCP totally ignores

Answer 8

due process claim and Marbury duty to say what the law is

Question 9

It is controversial that federal powers cover immigration because ___

Answer 9

no clear textual source

Question 10

Govt argument in WKA

Answer 10

jus soli superseded by Chinese Exclusion act and jus sanguines

Question 11

Ting’s argument

Answer 11

Exclusion Act violates 14A equal protection

Question 12

FYT says that Ting was not ___

Answer 12

deprived of life, liberty or property without due process

Question 13

Today the law does recognize due process in ___

Answer 13

deportation proceedings

Question 14

One critique of FYT is that it could say Cong has the authority but ___

Answer 14

heightened due process

Question 15

Protections in criminal law that don’t apply to imm proceedings

Answer 15

ex post facto
double jeopardy
reasonable bail
speedy trial
jury
cruel and unusual
evidence rules
paid counsel

Question 16

Ways to support Tanzanian ban on visas

Answer 16

Leg has PP whether in or outside the US

Question 17

Today courts often address imm claims through ___

Answer 17

statutory interpretation and admin deference

Question 18

Knauff facts

Answer 18

physically present but not admitted, denied a hearing

Question 19

Primary benefits of IVs

Answer 19

• naturalize in 5 years (3 if USC spouse_
• work authorization
• can sponsor family

Question 20

___ of LPRS cannot visas until they naturalize and get in line

Answer 20

siblings
parents
married children

Question 21

If you are admissible you may be able to __

Answer 21

adjust status to IV

Question 22

Most immigrant visas subject to ___

Answer 22

annual limitations in INA from 1990

Question 23

If you are found inadmissible you __

Answer 23

lose whatever status you have

Question 24

Adams holding

Answer 24

equal protection not violated because Congress can use PP to enact statute that if applied to citizens would be uncon

Question 25

Immediate relatives under the INA

Answer 25

• parents of USC (21+)
• spouses of USC
• children (under 21) of USC

Question 26

F-4 visas

Answer 26

siblings of USC (21+)

Question 27

Define UAC

Answer 27

no parent/guardian in US or none that can provide care and physical custody

Question 28

A marriage is valid for visa purposes if ___

Answer 28

properly and legally performed in place of celebration
place recognizes it

Question 29

If you are an LPR you are subject to the bars of deportability ___

Answer 29

at any time

Question 30

Four questions for someone seeking EB visa

Answer 30

• one of five preference categories?
• labor cert required?
• if so can it be met?
• what is priority date

Question 31

Exceptions for labor cert

Answer 31

EB 1
- NIW
- Schedule A

Question 32

Grounds for business necessity showing

Answer 32

• combo of duties
• other than normally required for job in US
• live in
• foreign language

Question 33

Requirements for NIW

Answer 33

• employment in area with intrinsic merit
• national labor shortage
• doing labor cert would adversely impact national interest

Question 34

EB-5 requirements

Answer 34

• 1.8 mil or 900k in targeted area
• at least 10 US jobs created
• 2 year conditional status for fraud

Question 35

For EB-3 you must __

Answer 35

do labor cert, no waivers allowed

Question 36

If extraordinary ability under EB-1 you don’t need __

Answer 36

job or labor cert