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Immigration Law > Extra Review 2 > Flashcards

Extra Review 2 Flashcards

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1
Q

HB-1 requires ___

A

labor condition

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2
Q

Labor condition apps require ___

A
  • 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
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3
Q

NIVs must fit ___

A

into specific category (no catch all)

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4
Q

H2-B requires __

A

quota + labor condition

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5
Q

L1-A is for __

A

managers and executives

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6
Q

HB-1 Visa

A

specialized knowledge coming to fill specialized roles with bachelor’s

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7
Q

O visa

A

extraordinary workers with sustained intl or national acclaim

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8
Q

Visas that can adjust to LPR

A
  • T or U (after 3 years)
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9
Q

Grey areas for undocumented status

A
  • DACA
  • TPS
  • parole
  • pending apps for status
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10
Q

General inadmissibility grounds

A
  • Health
  • Criminal
  • Security
  • Public Charge
  • Illegal entrants
  • Previously removed
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11
Q

Inadmissibility is not at issue when __

A

out of status or adjusting status

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12
Q

when does inadmissibility come into play

A
  • apply for visa/seek admission
  • new visa
  • EWI
  • depart US and return
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13
Q

Examples of immigration violations that affect inadmissibility

A
  • EWI/lack of doc
  • fraud
  • failure to attend removal
  • false claims to USC
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14
Q

Bars of inadmissibility can be waived by govt if ___

A

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

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15
Q

Bars of inadmissibility don’t apply to __

A

minors or asylees (different ones)

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16
Q

Arabally said can’t be inadmissible due ___

A

solely to trip abroad taken with grant of advance parole

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17
Q

You can get lifetime bar on admissibility if ___

A

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

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18
Q

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

A

5 year bar

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19
Q

Waiver statute for immigrants

A

212(h)

20
Q

Questions when considering inadmissibility due to crime

A

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

21
Q

Nonimmigrants cannot get an inadmissibility waiver for ___

A

TRIG

22
Q

Immigrants can apply for inadmissibility waiver if __

A

CIMT
2+ convictions
prostitution

23
Q

Conviction includes __

A
  • guilty plea
  • nolo/Alford
  • court martial
  • expunge
  • vacate
  • suspend
24
Q

Adjustment of status is only allowed if __

A

admitted + immediately available + admissible

25
Q

Random exclusionary ground

A
  • communists and polygamists if IV
  • genocide
  • Nazis
  • torture/extrajudicial/child solider recruitment
  • adverse foreign policy consequence
  • unlawful voter
  • renounce USC for tax reasons
26
Q

Exceptions to CIMT exclusion

A

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

27
Q

Immigrant waivers to CIMT

A

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

28
Q

The INA generally bars __ for expedited removal

A

judicial review

29
Q

If pass credible fear interview then __

A

referred to IJ for asylum (detained or paroled in)

30
Q

Parole is a __ NOT ___

A

last resort for urgent needs, way to avoid priority dates

31
Q

If fail credible fear interview then subject to __

A

IJ review but not federal courts

32
Q

Exceptions to no judicial review for expedited removal

A

claims USC, LPR, or admitted refugee or asylee

33
Q

Expedited removal is allowed because ___

A

less due process if seeking entry rather than already here

34
Q

Exceptions to people subject to expedited removal

A
  • express fear of persecution
  • UAC
35
Q

Instead of expedited removal, DHS can offer ___

A

applicant to withdraw application for admission and able to depart immediately

36
Q

Parole is ___ under DHS

A

discretionary

37
Q

what is extended voluntary departure

A

blanket relief from removal to particular countries

38
Q

If seeking relief from removal, noncitizen must demonstrate ___

A

eligibility + entitlement

39
Q

What is voluntary departure

A

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

40
Q

Part A eligibility requirements

A
  • 5 years LPR
  • 7 years continuous residence since admitted
  • no ag fels
    (proof of remorse and rehabilitation)
41
Q

Part B eligibility requirements

A
  • 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
42
Q

Requirements for voluntary departure

A
  • 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
43
Q

To be an ag fel theft requires ____

A

actual sentence of more than one year

44
Q

What are ways to get relief from removal and gain entry

A
  • asylum
  • Part B
45
Q

Limits to judicial review of IJ relief

A
  • cannot review discretionary denials of relief
  • cannot review if found removable based on certain crimes
46
Q

Reinstatement of removal ineligible for all forms of relief but __

A
  • withholding of removal
  • CAT
47
Q
A

Immigration Law (14 decks)

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