Extra Review 2

Question 1

HB-1 requires ___

Answer 1

labor condition

Question 2

Labor condition apps require ___

Answer 2

• unions notice
• no strike
• publicly post # foreign workers
• no adverse to US workers
• pay greater of wages at facility or prevailing wages for the area for the position

Question 3

NIVs must fit ___

Answer 3

into specific category (no catch all)

Question 4

H2-B requires __

Answer 4

quota + labor condition

Question 5

L1-A is for __

Answer 5

managers and executives

Question 6

HB-1 Visa

Answer 6

specialized knowledge coming to fill specialized roles with bachelor’s

Question 7

O visa

Answer 7

extraordinary workers with sustained intl or national acclaim

Question 8

Visas that can adjust to LPR

Answer 8

• T or U (after 3 years)

Question 9

Grey areas for undocumented status

Answer 9

• DACA
• TPS
• parole
• pending apps for status

Question 10

General inadmissibility grounds

Answer 10

• Health
• Criminal
• Security
• Public Charge
• Illegal entrants
• Previously removed

Question 11

Inadmissibility is not at issue when __

Answer 11

out of status or adjusting status

Question 12

when does inadmissibility come into play

Answer 12

• apply for visa/seek admission
• new visa
• EWI
• depart US and return

Question 13

Examples of immigration violations that affect inadmissibility

Answer 13

• EWI/lack of doc
• fraud
• failure to attend removal
• false claims to USC

Question 14

Bars of inadmissibility can be waived by govt if ___

Answer 14

spouse or child of USC or LPR
AND
can show extreme hardship to the relative

Question 15

Bars of inadmissibility don’t apply to __

Answer 15

minors or asylees (different ones)

Question 16

Arabally said can’t be inadmissible due ___

Answer 16

solely to trip abroad taken with grant of advance parole

Question 17

You can get lifetime bar on admissibility if ___

Answer 17

fraud
OR
re-enter again after removal due to 1+ year unlawful presence

Question 18

If you fail to attend removal proceeding (without an exception) affects inadmissibility with __

Answer 18

5 year bar

Question 19

Waiver statute for immigrants

Answer 19

212(h)

Question 20

Questions when considering inadmissibility due to crime

Answer 20

statue convicted under
CIMT or drug offense
Conviction/sentence
Exception
Waiver

Question 21

Nonimmigrants cannot get an inadmissibility waiver for ___

Answer 21

TRIG

Question 22

Immigrants can apply for inadmissibility waiver if __

Answer 22

CIMT
2+ convictions
prostitution

Question 23

Conviction includes __

Answer 23

• guilty plea
• nolo/Alford
• court martial
• expunge
• vacate
• suspend

Question 24

Adjustment of status is only allowed if __

Answer 24

admitted + immediately available + admissible

Question 25

Random exclusionary ground

Answer 25

- communists and polygamists if IV - genocide - Nazis - torture/extrajudicial/child solider recruitment - adverse foreign policy consequence - unlawful voter - renounce USC for tax reasons

Question 26

Exceptions to CIMT exclusion

Answer 26

under 18 and 5+ years since visa OR Max possible 1 year and got sentenced to no more than 6 months

Question 27

Immigrant waivers to CIMT

Answer 27

15 years since visa OR extreme harship to USC or LPR relative

Question 28

The INA generally bars __ for expedited removal

Answer 28

judicial review

Question 29

If pass credible fear interview then __

Answer 29

referred to IJ for asylum (detained or paroled in)

Question 30

Parole is a __ NOT ___

Answer 30

last resort for urgent needs, way to avoid priority dates

Question 31

If fail credible fear interview then subject to __

Answer 31

IJ review but not federal courts

Question 32

Exceptions to no judicial review for expedited removal

Answer 32

claims USC, LPR, or admitted refugee or asylee

Question 33

Expedited removal is allowed because ___

Answer 33

less due process if seeking entry rather than already here

Question 34

Exceptions to people subject to expedited removal

Answer 34

- express fear of persecution - UAC

Question 35

Instead of expedited removal, DHS can offer ___

Answer 35

applicant to withdraw application for admission and able to depart immediately

Question 36

Parole is ___ under DHS

Answer 36

discretionary

Question 37

what is extended voluntary departure

Answer 37

blanket relief from removal to particular countries

Question 38

If seeking relief from removal, noncitizen must demonstrate ___

Answer 38

eligibility + entitlement

Question 39

What is voluntary departure

Answer 39

allows to leave without removal order so not subject to bars of inadmissibility

Question 40

Part A eligibility requirements

Answer 40

- 5 years LPR - 7 years continuous residence since admitted - no ag fels (proof of remorse and rehabilitation)

Question 41

Part B eligibility requirements

Answer 41

- 10 years continuous residence prior to NTA - extreme and extremely unusual hardship to family members who are LPRs or USCs - good moral character - not convicted under inadmissible/deportation criminal grounds or falsification of documents

Question 42

Requirements for voluntary departure

Answer 42

- removable with no other forms of relief - moral character up to 5 years prior (no ag fel) - able to pay to leave - 1 year physical presence

Question 43

To be an ag fel theft requires ____

Answer 43

actual sentence of more than one year

Question 44

What are ways to get relief from removal and gain entry

Answer 44

- asylum - Part B

Question 45

Limits to judicial review of IJ relief

Answer 45

- cannot review discretionary denials of relief - cannot review if found removable based on certain crimes

Question 46

Reinstatement of removal ineligible for all forms of relief but __

Answer 46

- withholding of removal - CAT