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Test 4 > Final review > Flashcards

Final review Flashcards

1
Q

There are two sections of the INA the Describe classes of aliens that
may endanger the safety, security, or welfare of the U.S. and its citizens. What are these sections?

A

INA & 212(a)
- Describes classes of alien that may be inadmissible.
- Burden of proof is on aliens that they are admissible.
INA & 237(a)
- Describes classes of admitted aliens that may be deportable.
- Burden of proof is on the Department that they are deportable.

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2
Q

The INA & 212(a) is

A
  • The principal tool used by CBP officers to keep certain aliens out of the U.S.
  • Aliens inadmissible under this section are ineligible to receive visas
    and ineligible to be admitted to the U.S.
  • Principle elements to charge under & 212(a)
    > Person must be an alien
    > Alien must be seeking admission
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3
Q

What are the three groups of aliens considered applicants who are seeking admission?

A

Aliens arriving in the U.S.
- Aliens interdicted at sea and brought to the U.S.
- Aliens present in the U.S. without having been admitted.

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4
Q

What certain aliens allowed to proceed into the U.S. are not
considered “admitted” for immigration purpose?

A

An alien landing as temporary crew
- An alien paroled into the US

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5
Q

What are reasons for Parole?

A
  • Humanitarian
  • Significant public benefit
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6
Q

Why some returning LPRs are treated as aliens seeking admission,
others are not?

A

LPR not subject to grounds of inadmissibility unless (OALICE)
- Been continuously outside the U.S. for more than 180 days, or
- Abandoned or relinquished their U.S. LPR status, or
- Let the U.S. while under removal proceeding, or
2 1
- Engaged in illegal activity after departing the U.S., or
- Committed certain criminal offense(s) those listed in INA & 212(a)(2),
or
- Entered, or are attempting to enter, without inspection

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7
Q

What are the INA 212 Removal options?

A
  • Removal proceedings with an immigration Judge, or
  • Visa waiver program refusal, or
  • Expedited Removal
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8
Q

Removal Proceedings

A

INA & 240 authorizes immigration Judges () to determine inadmissibility or deportability of an alien and establishes the rules for
such proceedings.
- Form 1-862, Notice to Appear, initiates removal proceedings before before an immigration Judge.
- An inadmissible alien is not entitled to the full range of the U.S.
constitutional protections but is entitled to basic due process (fair
procedures).

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9
Q

During removal proceeding, an arrival alien who has been charged an admissible

A
  • Bears the burden of proof that alien is entitled to admitted.
  • Has the right to secure counsel at his or her own expense.
  • Can present and examine evidence.
  • Can examine witnesses.
  • Can appeal the Il’s decision to the Board of Immigration appeals (BIA).
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10
Q

When a removal order becomes final…

A
  • The alien is immediately removed. Removal is through the means of transportation that brought the alien to the U.S.
    Bar to readmission is generally 5 years.
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11
Q

Which Aliens are not entitled to a 240 removal hearing before an IJ?

A
  • Crew
  • Aliens inadmissible on national security grounds
  • Visa Waiver program applicants
  • Expedited removal proceedings
  • Stowaways
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12
Q

Expedited removal is used at he POE for arriving aliens only. Arriving aliens are those who…

A
  • Applied for admission at an open port of entry
  • Were interdicted at sea
  • Were paroled in to the U.S. after April 1, 1997
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13
Q

The following expedited removals are subject to administrative review

A
  • Citizen
    alien claiming to be a USC
  • Asylum
    alien is claiming asylum or is an asylee
  • Refugee
    alien admitted as refugee
  • LPR (Lawful Permanent Resident)
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14
Q

An alien may be permitted to withdraw the application for admission and depart immediately. Withdrawal of application is what?

A

Discretionary - CBP decides
- Not an automatic right
- Not a formal removal

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15
Q

What are the Grounds for Removal under INA & 212(a)?

A
  • Health-related grounds
  • Public charge and labor certifications grounds
  • Criminal grounds
  • Security-related grounds
  • Illegal entrants and immigration violators
  • Documentation requirements and ineligible for citizenship
  • Unlawful presence
  • Miscellaneous
  • Statutory exemptions
  • Waivers
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16
Q

What health-related grounds of inadmissibility include?

A
  • Communicable Diseases
  • Documentation of Vaccination
  • Physical or Mental Disorders
  • Drug Abuser or Addict
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17
Q

What are the five classes of aliens that are subject to a medical exam?

A
  • Applicants for admission
  • Applicants for immigrant visas
  • Applicants for non-immigrant visas
  • Refugees
  • Applicants for adjustment of status
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18
Q

Who Conducts Medical Examination and Notifications?

A

Only the U.S. Pub- lic Health Service(USPHS) medical officers or licensed physicians with the requisite experience conduct medical
exams.

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19
Q

What are the grounds of inadmissibility under security-related?

A
  • Espi- onage, Sabotage, Unauthorized Export
  • Unlawful Activity
  • Overthrow the U.S.
  • Terrorist Activity defined
  • Has engaged in terrorism, is likely to engage in terrorism, incited terrorist activity, Representative of terrorist organization, member of a
    terrorist organization, promi- nent alien endorsing terrorism, Military
    training by terrorist organization, spouse or child of terrorist, associate
    of terrorist organization
  • Adverse Foreign policy Consequence
  • Immigrant Communist
  • Nazi Persecutor
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20
Q

The term “public charge” means either

A
  • The receipt of public cash assis- tance for income maintenance,
    or
  • Institutionalization for long-term care at government expense.
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21
Q

Labor certification applies only to…

A
  • Immigrant aliens entering the U.S. for the purpose of performing
    skilled or unskilled labor.
    > Not in possession of valid labor certification.
  • Normally applies to immigrant classifications E2, E3 and EW.
  • Does not apply to E1
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22
Q

Criminal Grounds of inadmissibility includes:

A
  • Crimes involving moral turpi- tude
  • Controlled substance violations
  • Multiple convictions
  • Drug trafficking
  • Prostitution
  • Proceeds of prostitution
  • Unlawful commercialized vice
  • Immunity from prosecution
  • Religious freedom violators
  • Traffickers in persons
  • Money laundering
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23
Q

Grounds of inadmissibility under illegal entrants, immigration violators, documentary requirements and ineligible for citizen are…

A
  • Entered without inspection
  • Failed to attend a removal hearing
  • Fraud
  • False claim to U.S. citizenship
  • Stowaway
  • Alien smuggler
  • Students status violator
  • Immigrant without document
  • Immigrant visa improperly charged
  • Non-immigrant without passport
  • Non-immigrant without visa
  • Ineligible for citizenship
  • Draft evaders and deserters
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24
Q

Grounds of inadmissibility under previously removed, unlawful
presence, miscellaneous grounds, statutorily exempt and waivers are…

A
  • Previously re- moved as an arriving alien
  • Previously removed as a NOT arriving alien
  • Unlawful presence of 6 months to 1 year
  • Unlawful presence of 1 year or more
  • Construction of unlawful presence
  • Overstays
  • EWI and previous violation
  • Immigrant polygamist
  • Guardian of a helpless alien
  • International child abductor
  • Unlawful voters
  • Renounced U.S. citizenship
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25
Q

Legal Authority for Adverse Actions under grounds of inadmissibility are…

A
  • Withdrawal of application for admission
  • Visa waiver program refusal/removal
  • Expedited removal orders
  • Notice to appear
  • Criminal offenses
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26
Q

Authority Overview - CBP officers derive their authority to enforce
U.S. immigration laws and initiate adverse actions from what?

A
  • U.S. Constitution
  • Immigrant and Nationality Act(INA) and Titles 8 & 19 fo the U.S. code
  • Titles 8 and 22 of the code of federal regulations
  • Court and board of immigration appeals (BIA) decisions
  • International law and treaties
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27
Q

What is INA § 235?

A

Authority to conduct inspections, perform expedited removals,
and refer aliens for hearing

28
Q

What is INA § 287?

A

Authority to question under oath and search without warrant

29
Q

What is INA § 240?

A

Removal hearing

30
Q

What is INA § 212?

A

Inadmissible aliens

31
Q

What is INA § 237?

A

Deportable aliens

32
Q

CBP officer’s arrest authority is defined in both…

A

Title 19 U.S.C. 1589a and INA § 287

33
Q

CBP officers have the authority to arrest some offenders without a
warrant

A
  • For any federal felony offense, or
  • For any federal misdemeanor offense that occurs in the officer’s
    presence
  • For entering the U.S. illegally in the officer’s presence, but only if
  • The alien is likely to escape before a warrant can be obtained.
34
Q

Adverse Action Continuum form least to most adverse

A
  • Withdrawal - INA
    § 235(a)(4)
  • Visa waiver program refusal - INA § 217
  • Expedited removal - INA § 235(b)(1)
  • Notice to appear/INA § 240 - INA § 235(b)(2) and INA § 239(a) (1)
  • Prosecution
35
Q

What is CBP Mission

A

CBP officers are entrusted with the mission of protecting our borders from terrorists, instruments of terror, and other treats.

36
Q

What is Purpose of a Primary Examination?

A

Is to make an initial determina- tion about whether the incoming traveler should be released, admitted, or referred for additional processing

37
Q

What is the Purpose of a Secondary Examination?

A

Is to follow up on a referral from primary by systematically
inspecting a traveler’s intent, paperwork, and belongings.

38
Q

What are the Officer Tasks in Primary?

A
  • Document review
  • Passenger interview
  • Systems queries
39
Q

What are the U.S. Citizenship Documents?

A
  • U.S. passport
  • U.S. passport card
  • Trusted traveler card
  • Enhanced driver’s license
  • Enhanced tribal card
  • U.S. merchant mariner’s document
  • Native american tribal photo ID
  • I-872 American Indian card
40
Q

What should you do when interviewing passengers?

A
  • Determine citizenship
  • Determine intent and purpose of travel
  • Obtain a biding declaration
41
Q

What Questions Should You Ask in Primary?

A
  • Determine identity
  • Determine citizenship
  • Determine documentary requirements
  • Determine immigrant or non-immigrant classification.
  • Determine admissibility
  • Determine resident or non-resident for duty purposes
  • Determine suspicious of terrorism
  • Determine any agriculture issues
  • Determine prohibited or restricted items
  • Identify commercial merchandise
  • Identify any duty owed
42
Q

What are the Guidelines for Intent?

A
  • If a traveler declares upon arrival that he or she never intended
    to return to the U.S. except for visits
    >Has been outside the U.S. for 3 or more years, he or she will be treated as a nonresident for CBP purposes.
    >Has been outside the U.S. for less than 3 years, his or her intent will be determine by the officer’s questioning.
43
Q

Establish Intent

A

> What was the person’s intent at time of departure?
- Remain abroad indefinitely
- Short-term travel
- Contract work abroad, long term
Remember, a traveler’s intent at time of departure from the U.S. determines his or her residency status.

44
Q

To Establishing Intent Ask Question such as….

A

> What was the duration and purpose of your stay abroad?
- While abroad
- Did you maintain a home in the U.S.
Did you rent or purchase a home abroad?
- Did you pay U.S. income taxes?
- Did your family accompany you?
- Was your assignment or travel temporary or indefinite?

45
Q

What are the Two Types of Declaration?

A

-Oral declarations
- Written declaration(6059B)

45
Q

What Systems are Used in Primary?

A

> At an airport or seaport
- Traveler Primary Arrival Client(TPAC)
At a land border
- For pedestrians - U.S. PEDESTRIAN
- For vehicles - Vehicles primary client(VPC)

46
Q

What are the Elements of a Binding Declaration?

A
  • Knowledge
  • Acknowledgement
  • Communication
  • Amendment
47
Q

Identify 5 Classes of Aliens not entitled to a Removal hearing?(CAVES)

A
  • Crew
  • Aliens inadmissible on national security grounds
  • Visa waiver program applicants
  • Expedite removal proceedings
  • Stowaways
48
Q

What are the exception to administrative review of an expedited removal order is for an alien who claims under penalty of perjury to be a(n)…

A
  • Citizen
  • Asylee
  • Refugee
  • LPR
49
Q

What is Form 1-862?

A

Notice to Appear (The serving of this form commences removal proceedings)

50
Q

Name 7 rules of Radio Etiquette

A
  • Speak clearly
  • Be Professional
  • Be courteous
  • Be accurate
  • Think before speaking
  • Talk simply
  • Remain calm
51
Q

What is 10-4?

A

Acknowledged/received

52
Q

What is 10-7?

A

Out of service

53
Q

What is 10-8?

A

In service

54
Q

What is 10-9?

A

Repeat last transmission

55
Q

What is 10-10?

A

All Available Officers Furnish Emergency Assist

56
Q

What is 10-13?

A

Unit en-route

57
Q

What is 10-20?

A

Location

58
Q

What is 10-99?

A

Officer down- all units respond

59
Q

Name 4 Common Concealment Methods?

A
  • Hidden on the body
  • Hidden internally
  • Hidden on children
  • Other traveler concealment
60
Q

What are some examples of body carriers?

A
  • Under clothing
  • Inside clothing
  • Under wigs
    -Inside shoes
61
Q

What are some examples of internal carriers?

A
  • Pellets of narcotics are swallowed.
  • Pellets are wrapped in condoms, latex gloves, or other wrapping material.
62
Q

What are the Internal Carrier Behavior?

A
  • Unexplained nervous behaviors
  • Sleepy appearance
  • Awkward walking
  • Inability to sit comfortably
63
Q

What are the Internal Carriers Indicators?

A
  • Anti-diarrhea medicine
  • Anti-nausea medicine
  • Sedatives
  • Supplies for making pellets
  • Lubricants
64
Q

Where can contraband be concealed with children?

A
  • Clothing and shoes
  • In diapers or diaper bags
  • In strollers
  • On the body
  • While using children as a distraction
65
Q

What are the others ways of Travel Concealment?

A
  • On wheelchairs
  • In canes
  • In umbrellas

Test 4 (19 decks)

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