Grounds of Inadmissibility C540 Unit 1 Flashcards

1
Q

What is INA 212(a)?

A

Describes classes of aliens that are inadmissible.

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2
Q

What is INA 237(a)?

A

Describes when admitted aliens are deportable.

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3
Q

What are 2 elements to charge under 212(a)?

A
  • Person must be an alien
  • Alien must be seeking admission (an “applicant for admission”)
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4
Q

Inadmissible aliens described in 212(a)

A
  • Are NOT eligible to receive visas
  • CANNOT be admitted to the U.S.
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5
Q

There are two situations where an alien is given permission to physically enter the U.S., but is not considered “admitted” for immigration purposes:

A
  1. Alien crew who are granted temporary conditional landing privileges, and
  2. Aliens paroled into the U.S.
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6
Q

Under 101(a)(13)(c), LPR’s are seeking admission only if they have….

A

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)

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7
Q

For an alien to be subject to INA §
212(a), the alien must be:

A

Applying for admission for a visa

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8
Q

CBP will grant parole in two situations:

A
  • Urgent humanitarian reasons
  • Significant public benefit
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9
Q

CBP may allow an alien who is not otherwise admissible to physically enter the U.S. temporarily using _____ authority

A

Parole

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10
Q

Is parole considered admission?

A

No

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11
Q

Parole is _____ and _____

A

Temporary and discretionary

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12
Q

Common reason for parole

A
  • Humanitarian reasons
  • Significant Public Benefit
  • POE - deferred inspection
  • Advance Parole
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13
Q

LPRs returning from trips outside the U.S. are placed in one of two categories:

A
  • “returning resident” or
  • “seeking admission”
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14
Q

LPRs who are “returning residents” are:

A
  • not “seeking admission”
  • not subject to INA § 212(a) grounds of
    inadmissibility
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15
Q

Aliens in certain nonimmigrant classifications are exempt from which grounds of inadmissibility?

A
  • 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.)
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