Extra Review Flashcards

1
Q

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

A

grounds for removal, criminal violation

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
2
Q

Exclusion today refers to both ___

A

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

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
3
Q

Expulsion can be based on __

A

inadmissibility or deportability

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
4
Q

Jus soli is embodied in __

A

14A

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
5
Q

WKA held that acts of congress cannot __

A

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

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
6
Q

Critiques of jus soli

A
  • arbitrary
  • prone to abuse
  • doesn’t necessarily reflect actual ties to the territory
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
7
Q

CCP holding

A

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

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
8
Q

CCP totally ignores

A

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

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
9
Q

It is controversial that federal powers cover immigration because ___

A

no clear textual source

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
10
Q

Govt argument in WKA

A

jus soli superseded by Chinese Exclusion act and jus sanguines

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
11
Q

Ting’s argument

A

Exclusion Act violates 14A equal protection

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
12
Q

FYT says that Ting was not ___

A

deprived of life, liberty or property without due process

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
13
Q

Today the law does recognize due process in ___

A

deportation proceedings

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
14
Q

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

A

heightened due process

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
15
Q

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

A

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

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
16
Q

Ways to support Tanzanian ban on visas

A

Leg has PP whether in or outside the US

17
Q

Today courts often address imm claims through ___

A

statutory interpretation and admin deference

18
Q

Knauff facts

A

physically present but not admitted, denied a hearing

19
Q

Primary benefits of IVs

A
  • naturalize in 5 years (3 if USC spouse_
  • work authorization
  • can sponsor family
20
Q

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

A

siblings
parents
married children

21
Q

If you are admissible you may be able to __

A

adjust status to IV

22
Q

Most immigrant visas subject to ___

A

annual limitations in INA from 1990

23
Q

If you are found inadmissible you __

A

lose whatever status you have

24
Q

Adams holding

A

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

25
Immediate relatives under the INA
- parents of USC (21+) - spouses of USC - children (under 21) of USC
26
F-4 visas
siblings of USC (21+)
27
Define UAC
no parent/guardian in US or none that can provide care and physical custody
28
A marriage is valid for visa purposes if ___
properly and legally performed in place of celebration place recognizes it
29
If you are an LPR you are subject to the bars of deportability ___
at any time
30
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
31
Exceptions for labor cert
EB 1 - NIW - Schedule A
32
Grounds for business necessity showing
- combo of duties - other than normally required for job in US - live in - foreign language
33
Requirements for NIW
- employment in area with intrinsic merit - national labor shortage - doing labor cert would adversely impact national interest
34
EB-5 requirements
- 1.8 mil or 900k in targeted area - at least 10 US jobs created - 2 year conditional status for fraud
35
For EB-3 you must __
do labor cert, no waivers allowed
36
If extraordinary ability under EB-1 you don't need __
job or labor cert
37