Brainscape's Knowledge GenomeTM

Browse over 1 million classes created by top students, professors, publishers, and experts.


See full index

Test 4 > Grounds of Inadmissibility C540 Unit 7 > Flashcards

Grounds of Inadmissibility C540 Unit 7 Flashcards

1
Q

What are the two primary elements for a person to be eligible for removal under INA 212?

A

1) Must be an alien
2) must be seeking admission

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
2
Q

What are the two reasons for which parole can be granted?

A

Humanitarian or significant public benefit

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
3
Q

Are aliens paroled into the U.S. considered “admitted”?

A

No

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
4
Q

Is parole temporary or permanent?

A

Temporary

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
5
Q

Which section of the INA contains the Grounds of Inadmissibility?

A

212

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
6
Q

Which section of the INA contains the Grounds of Deportability?

A

237

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
7
Q

Are diplomats and representatives to international organizations subject to the grounds of inadmissibility?

A

No, they are exempt from most grounds

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
8
Q

Are aliens serving in the US military subject to INA 212 charges?

A

No

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
9
Q

When are returning LPRs seeking admission?

A
  • O - Outside the US for more than 180 days
  • A - Abandoned US residence or relinquished status
  • L - Left the US while under removal proceedings
  • I - Illegal activity while outside of the US
  • C - committed certain crimes - INA 212(a)(2)
  • E - Entered without inspection
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
10
Q

What is conclusive evidence that a person is inadmissible on health-related grounds?

A

Class A notification is conclusive evidence of inadmissibility

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
11
Q

Who performs medical examinations on arriving aliens?

A

USPHS medical officers or licensed physicians with at least 4-years experience

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
12
Q

Are U.S. citizens subject to USPHS medical examinations to determine admissibility?

A

No

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
13
Q

Is a person who used to be a drug addict, but is now recovered, inadmissible as a drug abuser?

A

NO. To be inadmissible must be current using or current abusing drugs

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
14
Q

How can an alien overcome the Public Charge ground?

A

Affidavit, bond, Employment, proof Resource

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
15
Q

What should an officer do if an alien arrives at a POE seeking admission, but the alien shows signs of illness or possible inadmissibility on health-related grounds?

A

Class A medical examination

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
16
Q

An alien served a 10-year sentence in a Russian prison for criticizing Vladimir Putin. Does this make the alien inadmissible?

A

No. This is a purely political offense.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
17
Q

An alien has two convictions (not for CIMT or controlled substances) for which he was sentenced to serve concurrent 4-year sentences. Is the alien inadmissible for having multiple convictions?

A

No. The total sentence was less than 5 years

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
18
Q

An alien was convicted of possession of a controlled substance when she was 17. Is she admissible?

A

Yes. This is considered an act of juvenile delinquency.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
19
Q

What are some examples of CIMTs?

A

Theft, murder, fraud, arson, and rape

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
20
Q

An alien is a member of the Sicilian mafia, but he is entering on a B1/B2 to visit Disney World with his family. Is he admissible?

A

No. It is presumed that a member of a criminal organization will commit crimes. He is inadmissible under 3A2, Unlawful Activity.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
21
Q

If an alien engaged in acts of terrorism in the past, or is likely to engage in acts of terrorism in the future, is the alien admissible?

A

No

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
22
Q

All aliens are presumed to be
_____, unless they can provide ______
status.

A

Immigrants, nonimmigrants

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
23
Q

Are aliens who attempt to enter the U.S. without inspection admissible?

A
24
Q

When is an alien inadmissible based on the fraud/willful misrepresentation charge?

A

When the alien attempts to gain entry or any other immigration benefit on the basis of fraud or a willful misrepresentation

25
Q

When is an alien inadmissible based on the false claim to U.S. citizenship charge?

A

When the alien falsely claims to be a U.S. citizen to obtain any benefit under federal or state law

26
Q

Which charge should be used when an alien presents a nonimmigrant visa, but the evidence shows that the alien really intends to live and work in the U.S. permanently?

A

7A1, Immigrant without documents

27
Q

On a previous visit, an alien overstayed for 4 months. For how long will the alien be inadmissible?

A

The alien will not be inadmissible for the overstay, they will only have the visa they used on the overstay visit cancelled.

28
Q

What if the alien overstayed for 181 days?

A

3 years

29
Q

What if the alien overstayed for 14 months?

A

10 years

30
Q

What type of adverse action would you take against an alien inadmissible for 212(a)(6)(c) (fraud) or 212(a)(7) (no documents)?

A

Expedited removal

31
Q

What section of the INA gives CBPOs the authority to conduct inspections, perform expedited removals, and refer aliens for removal hearings before immigration judges?

A

235

32
Q

Which section of the INA gives CBPOs the authority to interrogate and arrest aliens at the border?

A

287

33
Q

What document would you use to refer an alien for a hearing before an immigration judge?

A

I-862 (Notice to Appear/NTA)

34
Q

What must you do before allowing an alien to withdraw his application for admission to the U.S.?

A

Complete all computer checks

35
Q

What are some factors that would make an officer more likely to allow a withdrawal of application?

A

Ability to overcome inadmissibility, advanced age, poor health, humanitarian considerations.

36
Q

What is the maximum period of admission for a VWP applicant?

A

90 days

37
Q

Can VW applicants get a hearing to challenge their removal?

A

No

38
Q

What adverse action is used when a VWP applicant is inadmissible?

A

VWP refusal

39
Q

What must VWP applicants obtain before traveling to the U.S. by air or sea?

A

ESTA authorization

40
Q

Are stowaways subject to ER?

A

No

41
Q

What should you do if you encounter a previously removed alien attempting to enter the U.S. by fraud?

A

Consult your supervisor regarding criminal referral.

42
Q

What type of information should an NTA contain?

A

Reasons and facts why the alien is inadmissible or deportable, and facts regarding the alien’s arval and entry to the U.S,

43
Q

What must you do before issuing an ER for an arriving alien?

A

Get a sworn statement from the alien that he or she does not have a fear of persecution or return.

44
Q

What is a felony?

A

is a crime punishable by death or more than one year of confinement.

45
Q

What is a misdemeanor?

A

is a crime punishable by confinement of one year or less.

46
Q

What is a petty offense?

A

Is a type of misdemeanor, punishable by less than 6 months of confinement and/or a fine of less than $5,000

47
Q

Previously removed as an arriving alien within the last 5 years?

A

Inadmissible §212(a)(9)(A)(i)

48
Q

Previously removed as “not arriving alien” within the last 10 years?

A

Inadmissible §212(a)(9)(A)(ii)

49
Q

Prior unlawful presence less than 6 months and left on your own?

A

Cancel visa

50
Q

Prior unlawful presence 6 months - up to 1 year and left on your own within last 3 years?

A

Inadmissible §212(a)(9)(B)(i)(1)

51
Q

Prior unlawful presence 1 year or more and left on your own within last 10 years?

A

Inadmissible §212(a)(9)(B)(i)(II)

52
Q

What are criminal grounds of inadmissibility?

A

CIMT, controlled substances, and multiple convictions

53
Q

CIMT (crime involving moral turpitude)

A

*Conviction or admission
*Crime is a CIMT
*Exception applies?
* Purely Political
* Age
*Petty offense

54
Q

Controlled substance crime

A
  1. Conviction or admission?
  2. Prohibited where/when occurred?
  3. Exception applies?
    * Simple Possession Under age 18
55
Q

Multiple convictions

A
  1. 2 or more convictions?
  2. Total sentence 5 years or more?
    ni
  3. Exception applies?
    * Purely Political Offense
    * Conviction or act of juvenile delinquency
56
Q

What are 7 CIMT’s?

A

Drugs, murder, fraud, arson, rape, theft, and trafficking. (DM-FARTT)

57
Q

What are the CIMT exceptions?

A

*Purely political: (1 Fabricated false Charge
2) Wrongly prosecuted becaus of political discrimination against racial, religious ethnic minority
(3) Pure crimes against state (treason, espionage, sedition)
*Petty offenses: 1 CIMT + max sentence 1 year + actual sentence < 6 months
*Crime by a minor: 1 CIMT + committed < 18 year + 5 years passed since conviction & release

Test 4 (19 decks)

Brainscape helps you reach your goals faster, through stronger study habits.
© 2024 Bold Learning Solutions. Terms and Conditions