III. Sr Para / New Atty: Deportability Flashcards
1
Q
Who qualifies for a 237(a)(1)(H) Fraud Waiver?
A
- Spouse, parent, son/daughter of U.S. citizen or LPR (do not need this for VAWA self-petitioners)
- Has LPR status
- Has no other grounds of inadmissibility (crime, prior deportation)
- In removal proceedings (defensive)
- Committed low-level immigration fraud (innocent misrepresentation)
*Note- VAWA self-petitioners do not need a qualifying relative to seek this waiver
2
Q
What does the 237(a)(1)(H) waiver wave?
A
- deportability based on misrepresentation
- Limited to fraud only, if other inadmissibility
3
Q
What are the elements of a CIMT that render someone deportable?
A
- Convicted of a crime involving moral turpitude (CIMT),
- within 5 years after admission, AND
- sentence 1+ years for conviction MAY be imposed
OR
- convicted of two or more CIMTs
4
Q
What are the two main types of crime that render someone deportable?
A
- CIMTs
- Aggravated felonies
5
Q
What information does an I-213 provide?
A
- Biographic information
- Arrival history
- History of apprehensions/detention
- Criminal record
- Immigration charges/violations
6
Q
What is DV deportability?
A
- convicted after admission to US
- of crime of violence
- committed by current or former spouse, cohabiting person or have a child in common
OR - violation of DV protection order
7
Q
What is the exception to the controlled substance ground of deportability?
A
- Single offense
- less than 30 grams of marijuana
8
Q
What crimes cannot be waived?
A
- Drug crimes
- Murder
- Torture
- Money laundering
- Human trafficking
9
Q
What can you do if you have an aggravated felony?
A
- Readjust
- Asylum (unless particularly serious crime)
- Withholding
- CAT
10
Q
What is an aggravated felony?
A
Any felony that Congress labeled as an AF under 8 U.S. Code § 1101(a)(43)
11
Q
What is a crime of violence?
A
- Offense that uses or threatens physical force against a person or their property
- A felony that involves great risk of physical force
