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T4 Study Guide > Grounds of Inadmissibility > Flashcards

Grounds of Inadmissibility Flashcards

0
Q

INA 237(a):

A

Deportability

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1
Q

INA 212(a):

A

Inadmissibility

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2
Q

INA 212(d)(5)(A):

A

Secretary of Homeland Security has the right to grant Parole (Admission Exception)

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3
Q

INA 240:

A

Authorizes IJ to determine Inadmissibility or deportability of an alien through a single hearing.

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4
Q

What two elements must be present for an inadmissible alien to be subject for removal?

A

Must be an alien

The alien must be seeking admission

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5
Q

Three required elements of a legal admission

INA 101 l(a)(13)

A

Inspection

Authorization to enter US

Lawful Entry

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6
Q

What are three groups of applicants for admission?

A

Aliens arriving at the U.S.

Aliens interdicted at sea and brought to US

Aliens present in the US without having being admitted

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7
Q

Parole is NOT an:

A

Admission

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8
Q

What are two reasons for parole?

A

Humanitarian

Significant public benefit

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9
Q

LPR is not subject to the grounds of inadmidsibiliy UNLESS?:

OALICE

A

Outside the U.S. 180+ days

Abandoned Status

Leave with under removal proceeding

Ingaged in criminal activities

Criminal Activities

Entry without Inspection

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10
Q

An application for admission to the United States is frequently referred to as what?

A

A double check

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11
Q

For an Alien to be subject to INA 212(a) the alien must be what?

A

Applying for admission or a visa

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12
Q

Name five groups of Aliens who are not entitled to a removal hearing before an immigration judge?

A

Crew

Aliens

Visa Waiver Program Applicants

Expedited removal proceedings

Stowaways

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13
Q

The only exception to administrative review (in front of IJ) of an expedited removal order is for an alien who claims under penalty of perjury to be:

CARL

A

Citizen

Asylee

Refugee

LPR

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14
Q

Under INA 235(c) a CBP officer shall temporarily remove aliens who:

A

Appear inadmissible as a threat to National Security

  • Spies
  • Terrorists
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15
Q

What are two instances in which an alien who has been inspected is not considered to be admitted?

A

Alien who lands as Temporary crew

Alien that is paroled in

16
Q

An LPR not seeking admission is _____ subject to the grounds of Inadmissibility in INA 212(a).

A

Not

17
Q

An alien removed under INA 212(a) is generally inadmissible for how long?

A

5 years

18
Q

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

A

Applicants for admission

Applicants for immigrant visa

Applicants for non immigrant visa

Applicants for adjustment of status

Refugees

19
Q

Who has the authority to determine he physical or mental condition of an alien?

A

USPHS medical officers or licensed physicians with no less than 4 years experience.

20
Q

What is conclusive evidence that an Alien is inadmissible on health related grounds?

A

Class A Medical Notification

21
Q

Expedited removal is initiated for who?

A

Arriving Aliens only

22
Q

Arriving aliens are those who?

A

Applied at an open port of entry

We’re interdicted at sea

We’re paroled after April 1, 1997

23
Q

Under Ina 235(a)(4) an alien applying for admission may, at the discretion of the Secretary of Homeland Security and at any time, withdraw his or her application for admission and depart from the U.S.

Withdrawal of application is not:

A

An automatic right

A formal removal

24
Q

What are the four health related grounds?

A

Communicable diseases

Documentation of vaccines

Physical or mental disorders

Drug abuser or addict

25
Q

The Class A Medical notification is issued when?

A

If an alien has afflictions listed in INA $212(a)(1)

Before charging an alien with health related grounds

26
Q

What are the Crimes of Moral Turpitude?

A

Theft
Murder
Arson
Fraud

27
Q

Exceptions to INA 212 (Crimes of Moral Turpitude)

A

Purely political offenses

Age considerations

Pardons

28
Q

The burden of proof in removal proceedings lies on whom?

A

The Alien

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