Extra Review Flashcards
A noncitizen’s presence without authorization is __ but not __
grounds for removal, criminal violation
Exclusion today refers to both ___
-adjudicating inadmissibility
- removal of those who entered without formal admission
Expulsion can be based on __
inadmissibility or deportability
Jus soli is embodied in __
14A
WKA held that acts of congress cannot __
exclude persons of Chinese descent born in US from clear words of the constitution
Critiques of jus soli
- arbitrary
- prone to abuse
- doesn’t necessarily reflect actual ties to the territory
CCP holding
Cong power to exclude is absolute and not subject to judicial review
CCP totally ignores
due process claim and Marbury duty to say what the law is
It is controversial that federal powers cover immigration because ___
no clear textual source
Govt argument in WKA
jus soli superseded by Chinese Exclusion act and jus sanguines
Ting’s argument
Exclusion Act violates 14A equal protection
FYT says that Ting was not ___
deprived of life, liberty or property without due process
Today the law does recognize due process in ___
deportation proceedings
One critique of FYT is that it could say Cong has the authority but ___
heightened due process
Protections in criminal law that don’t apply to imm proceedings
ex post facto
double jeopardy
reasonable bail
speedy trial
jury
cruel and unusual
evidence rules
paid counsel
Ways to support Tanzanian ban on visas
Leg has PP whether in or outside the US
Today courts often address imm claims through ___
statutory interpretation and admin deference
Knauff facts
physically present but not admitted, denied a hearing
Primary benefits of IVs
- naturalize in 5 years (3 if USC spouse_
- work authorization
- can sponsor family
___ of LPRS cannot visas until they naturalize and get in line
siblings
parents
married children
If you are admissible you may be able to __
adjust status to IV
Most immigrant visas subject to ___
annual limitations in INA from 1990
If you are found inadmissible you __
lose whatever status you have
Adams holding
equal protection not violated because Congress can use PP to enact statute that if applied to citizens would be uncon
Immediate relatives under the INA
- parents of USC (21+)
- spouses of USC
- children (under 21) of USC
F-4 visas
siblings of USC (21+)
Define UAC
no parent/guardian in US or none that can provide care and physical custody
A marriage is valid for visa purposes if ___
properly and legally performed in place of celebration
place recognizes it
If you are an LPR you are subject to the bars of deportability ___
at any time
Four questions for someone seeking EB visa
- one of five preference categories?
- labor cert required?
- if so can it be met?
- what is priority date
Exceptions for labor cert
EB 1
- NIW
- Schedule A
Grounds for business necessity showing
- combo of duties
- other than normally required for job in US
- live in
- foreign language
Requirements for NIW
- employment in area with intrinsic merit
- national labor shortage
- doing labor cert would adversely impact national interest
EB-5 requirements
- 1.8 mil or 900k in targeted area
- at least 10 US jobs created
- 2 year conditional status for fraud
For EB-3 you must __
do labor cert, no waivers allowed
If extraordinary ability under EB-1 you don’t need __
job or labor cert
