Grounds of Inadmissibility C540 Unit 1 Flashcards
What is INA 212(a)?
Describes classes of aliens that are inadmissible.
What is INA 237(a)?
Describes when admitted aliens are deportable.
What are 2 elements to charge under 212(a)?
- Person must be an alien
- Alien must be seeking admission (an “applicant for admission”)
Inadmissible aliens described in 212(a)
- Are NOT eligible to receive visas
- CANNOT be admitted to the U.S.
There are two situations where an alien is given permission to physically enter the U.S., but is not considered “admitted” for immigration purposes:
- Alien crew who are granted temporary conditional landing privileges, and
- Aliens paroled into the U.S.
Under 101(a)(13)(c), LPR’s are seeking admission only if they have….
O - out of U.S. more than 180 days
A - abandoned status
L- left U.S. under removal proceedings
I - illegal activity outside U.S.
C - committed certain criminal offenses
E - entered without inspection (EWI)
For an alien to be subject to INA §
212(a), the alien must be:
Applying for admission for a visa
CBP will grant parole in two situations:
- Urgent humanitarian reasons
- Significant public benefit
CBP may allow an alien who is not otherwise admissible to physically enter the U.S. temporarily using _____ authority
Parole
Is parole considered admission?
No
Parole is _____ and _____
Temporary and discretionary
Common reason for parole
- Humanitarian reasons
- Significant Public Benefit
- POE - deferred inspection
- Advance Parole
LPRs returning from trips outside the U.S. are placed in one of two categories:
- “returning resident” or
- “seeking admission”
LPRs who are “returning residents” are:
- not “seeking admission”
- not subject to INA § 212(a) grounds of
inadmissibility
Aliens in certain nonimmigrant classifications are exempt from which grounds of inadmissibility?
- A-1 and A-2 (Diplomats and other foreign government representatives on official business)
- G-1 through G-4 (Accredited representatives of foreign governments to international organizations)
- C-2 and C-3 (Aliens in transit to the U.N. and foreign government officials in transit through the U.S.)