Final review Flashcards
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?
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.
The INA & 212(a) is
- 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
What are the three groups of aliens considered applicants who are seeking admission?
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.
What certain aliens allowed to proceed into the U.S. are not
considered “admitted” for immigration purpose?
An alien landing as temporary crew
- An alien paroled into the US
What are reasons for Parole?
- Humanitarian
- Significant public benefit
Why some returning LPRs are treated as aliens seeking admission,
others are not?
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
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- 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
What are the INA 212 Removal options?
- Removal proceedings with an immigration Judge, or
- Visa waiver program refusal, or
- Expedited Removal
Removal Proceedings
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).
During removal proceeding, an arrival alien who has been charged an admissible
- 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).
When a removal order becomes final…
- 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.
Which Aliens are not entitled to a 240 removal hearing before an IJ?
- Crew
- Aliens inadmissible on national security grounds
- Visa Waiver program applicants
- Expedited removal proceedings
- Stowaways
Expedited removal is used at he POE for arriving aliens only. Arriving aliens are those who…
- Applied for admission at an open port of entry
- Were interdicted at sea
- Were paroled in to the U.S. after April 1, 1997
The following expedited removals are subject to administrative review
- 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)
An alien may be permitted to withdraw the application for admission and depart immediately. Withdrawal of application is what?
Discretionary - CBP decides
- Not an automatic right
- Not a formal removal
What are the Grounds for Removal under INA & 212(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
What health-related grounds of inadmissibility include?
- Communicable Diseases
- Documentation of Vaccination
- Physical or Mental Disorders
- Drug Abuser or Addict
What are the five classes of aliens that are subject to a medical exam?
- Applicants for admission
- Applicants for immigrant visas
- Applicants for non-immigrant visas
- Refugees
- Applicants for adjustment of status
Who Conducts Medical Examination and Notifications?
Only the U.S. Pub- lic Health Service(USPHS) medical officers or licensed physicians with the requisite experience conduct medical
exams.
What are the grounds of inadmissibility under security-related?
- 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
The term “public charge” means either
- The receipt of public cash assis- tance for income maintenance,
or - Institutionalization for long-term care at government expense.
Labor certification applies only to…
- 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
Criminal Grounds of inadmissibility includes:
- 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
Grounds of inadmissibility under illegal entrants, immigration violators, documentary requirements and ineligible for citizen are…
- 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
Grounds of inadmissibility under previously removed, unlawful
presence, miscellaneous grounds, statutorily exempt and waivers are…
- 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
Legal Authority for Adverse Actions under grounds of inadmissibility are…
- Withdrawal of application for admission
- Visa waiver program refusal/removal
- Expedited removal orders
- Notice to appear
- Criminal offenses
Authority Overview - CBP officers derive their authority to enforce
U.S. immigration laws and initiate adverse actions from what?
- 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
