Extra Review 2 Flashcards
HB-1 requires ___
labor condition
Labor condition apps require ___
- 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
NIVs must fit ___
into specific category (no catch all)
H2-B requires __
quota + labor condition
L1-A is for __
managers and executives
HB-1 Visa
specialized knowledge coming to fill specialized roles with bachelor’s
O visa
extraordinary workers with sustained intl or national acclaim
Visas that can adjust to LPR
- T or U (after 3 years)
Grey areas for undocumented status
- DACA
- TPS
- parole
- pending apps for status
General inadmissibility grounds
- Health
- Criminal
- Security
- Public Charge
- Illegal entrants
- Previously removed
Inadmissibility is not at issue when __
out of status or adjusting status
when does inadmissibility come into play
- apply for visa/seek admission
- new visa
- EWI
- depart US and return
Examples of immigration violations that affect inadmissibility
- EWI/lack of doc
- fraud
- failure to attend removal
- false claims to USC
Bars of inadmissibility can be waived by govt if ___
spouse or child of USC or LPR
AND
can show extreme hardship to the relative
Bars of inadmissibility don’t apply to __
minors or asylees (different ones)
Arabally said can’t be inadmissible due ___
solely to trip abroad taken with grant of advance parole
You can get lifetime bar on admissibility if ___
fraud
OR
re-enter again after removal due to 1+ year unlawful presence
If you fail to attend removal proceeding (without an exception) affects inadmissibility with __
5 year bar
Waiver statute for immigrants
212(h)
Questions when considering inadmissibility due to crime
statue convicted under
CIMT or drug offense
Conviction/sentence
Exception
Waiver
Nonimmigrants cannot get an inadmissibility waiver for ___
TRIG
Immigrants can apply for inadmissibility waiver if __
CIMT
2+ convictions
prostitution
Conviction includes __
- guilty plea
- nolo/Alford
- court martial
- expunge
- vacate
- suspend
Adjustment of status is only allowed if __
admitted + immediately available + admissible
Random exclusionary ground
- communists and polygamists if IV
- genocide
- Nazis
- torture/extrajudicial/child solider recruitment
- adverse foreign policy consequence
- unlawful voter
- renounce USC for tax reasons
Exceptions to CIMT exclusion
under 18 and 5+ years since visa
OR
Max possible 1 year and got sentenced to no more than 6 months
Immigrant waivers to CIMT
15 years since visa
OR
extreme harship to USC or LPR relative
The INA generally bars __ for expedited removal
judicial review
If pass credible fear interview then __
referred to IJ for asylum (detained or paroled in)
Parole is a __ NOT ___
last resort for urgent needs, way to avoid priority dates
If fail credible fear interview then subject to __
IJ review but not federal courts
Exceptions to no judicial review for expedited removal
claims USC, LPR, or admitted refugee or asylee
Expedited removal is allowed because ___
less due process if seeking entry rather than already here
Exceptions to people subject to expedited removal
- express fear of persecution
- UAC
Instead of expedited removal, DHS can offer ___
applicant to withdraw application for admission and able to depart immediately
Parole is ___ under DHS
discretionary
what is extended voluntary departure
blanket relief from removal to particular countries
If seeking relief from removal, noncitizen must demonstrate ___
eligibility + entitlement
What is voluntary departure
allows to leave without removal order so not subject to bars of inadmissibility
Part A eligibility requirements
- 5 years LPR
- 7 years continuous residence since admitted
- no ag fels
(proof of remorse and rehabilitation)
Part B eligibility requirements
- 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
Requirements for voluntary departure
- 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
To be an ag fel theft requires ____
actual sentence of more than one year
What are ways to get relief from removal and gain entry
- asylum
- Part B
Limits to judicial review of IJ relief
- cannot review discretionary denials of relief
- cannot review if found removable based on certain crimes
Reinstatement of removal ineligible for all forms of relief but __
- withholding of removal
- CAT
