Grounds of Inadmissibility C540 Unit 7

Question 1

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

Answer 1

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

Question 2

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

Answer 2

Humanitarian or significant public benefit

Question 3

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

Answer 3

No

Question 4

Is parole temporary or permanent?

Answer 4

Temporary

Question 5

Which section of the INA contains the Grounds of Inadmissibility?

Answer 5

212

Question 6

Which section of the INA contains the Grounds of Deportability?

Answer 6

237

Question 7

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

Answer 7

No, they are exempt from most grounds

Question 8

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

Answer 8

No

Question 9

When are returning LPRs seeking admission?

Answer 9

• 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

Question 10

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

Answer 10

Class A notification is conclusive evidence of inadmissibility

Question 11

Who performs medical examinations on arriving aliens?

Answer 11

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

Question 12

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

Answer 12

No

Question 13

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

Answer 13

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

Question 14

How can an alien overcome the Public Charge ground?

Answer 14

Affidavit, bond, Employment, proof Resource

Question 15

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?

Answer 15

Class A medical examination

Question 16

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

Answer 16

No. This is a purely political offense.

Question 17

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?

Answer 17

No. The total sentence was less than 5 years

Question 18

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

Answer 18

Yes. This is considered an act of juvenile delinquency.

Question 19

What are some examples of CIMTs?

Answer 19

Theft, murder, fraud, arson, and rape

Question 20

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?

Answer 20

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

Question 21

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?

Answer 21

No

Question 22

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

Answer 22

Immigrants, nonimmigrants

Question 23

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

Question 24

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

Answer 24

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

Question 25

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

Answer 25

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

Question 26

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?

Answer 26

7A1, Immigrant without documents

Question 27

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

Answer 27

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

Question 28

What if the alien overstayed for 181 days?

Answer 28

3 years

Question 29

What if the alien overstayed for 14 months?

Answer 29

10 years

Question 30

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

Answer 30

Expedited removal

Question 31

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

Answer 31

235

Question 32

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

Answer 32

287

Question 33

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

Answer 33

I-862 (Notice to Appear/NTA)

Question 34

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

Answer 34

Complete all computer checks

Question 35

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

Answer 35

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

Question 36

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

Answer 36

90 days

Question 37

Can VW applicants get a hearing to challenge their removal?

Answer 37

No

Question 38

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

Answer 38

VWP refusal

Question 39

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

Answer 39

ESTA authorization

Question 40

Are stowaways subject to ER?

Answer 40

No

Question 41

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

Answer 41

Consult your supervisor regarding criminal referral.

Question 42

What type of information should an NTA contain?

Answer 42

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

Question 43

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

Answer 43

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

Question 44

What is a felony?

Answer 44

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

Question 45

What is a misdemeanor?

Answer 45

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

Question 46

What is a petty offense?

Answer 46

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

Question 47

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

Answer 47

Inadmissible §212(a)(9)(A)(i)

Question 48

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

Answer 48

Inadmissible §212(a)(9)(A)(ii)

Question 49

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

Answer 49

Cancel visa

Question 50

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

Answer 50

Inadmissible §212(a)(9)(B)(i)(1)

Question 51

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

Answer 51

Inadmissible §212(a)(9)(B)(i)(II)

Question 52

What are criminal grounds of inadmissibility?

Answer 52

CIMT, controlled substances, and multiple convictions

Question 53

CIMT (crime involving moral turpitude)

Answer 53

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

Question 54

Controlled substance crime

Answer 54

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

Question 55

Multiple convictions

Answer 55

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

Question 56

What are 7 CIMT’s?

Answer 56

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

Question 57

What are the CIMT exceptions?

Answer 57

*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