III. Sr Para / New Atty: Inadmissibility & Waivers

Question 1

Define unlawful presence

Answer 1

• -Presence in violation of the law
• -After 4/1/1997

6 points

Question 2

How do you trigger the 10-year bar?

Answer 2

• -1+ year of continuous ULP
• -Departure

3 points

• AP is not a departure
• bonus 3 points

Question 3

How do you trigger the 3-year bar?

Answer 3

• -6 months to 364 days of continuous ULP
• -Departure

–AP is not a departure

Question 4

Exceptions to unlawful presence

Answer 4

***Only for 3- and 10-year bars, not perm bar
–Under 18
–POSABAG (D/S, DACA)
3 points

Extra Credit
–Asylum, EOS/COS, VAWA, T and family unity beneficiaries / applicants
1 point per

Question 5

How do you trigger the perm bar?

Answer 5

• -1+ ULP
• -Aggregate
• -Exit/Deport
• -EWI or attempted EWI

4 points

Question 6

How do you waive the three and ten year bars?

Answer 6

I-601 or I-601A
Hardship to qualifying USC/LPR spouse or parent

***Hardship to children does NOT count

Question 7

How do you waive the permanent bar?

Answer 7

I-212

• -Reside outside the US for 10 years
• -Request consent to reapply (no hardship standard)

VAWA
–Reentry connected to the abuse

Question 8

What is a conviction for immigration purposes?

Answer 8

• -Adjudication or admission of guilt +
• -Punishment

**Does not matter if later withdrawn

Question 9

What are the main grounds of inadmissibility?

Answer 9

• Crimes involving moral turpitude
• Controlled substance violations
• More than one crime committed
• Trafficking controlled substances
• Prostitution
• Terrorism
• Public charge
• Invalid entry or visa documents

Question 10

What factors are considered to determine public charge inadmissibility?

Answer 10

• age
• health
• family status
• assets, resources, and financial status
• education and skills

Question 11

What triggers inadmissibility based on misrepresentation?

Answer 11

• willfully misrepresented facts to get a visa

- falsely claiming citizenship

Question 12

What triggers inadmissibility based on smuggling?

Answer 12

• aiding or assisting another person to enter the US unlawfully

Question 13

What triggers inadmissibility based on lack of proper documentation?

Answer 13

• In US with expired visa
• No valid entry document or unexpired passport
• Unlawfully obtained visa

Question 14

How long is someone inadmissible after being ordered removed once?

Answer 14

5 years

Question 15

How long is someone inadmissible after being removed more than once?

Answer 15

20 years

Question 16

What elements must be met for a 212(h) inadmissibility waiver based on the commission of a crime?

Answer 16

• the crime occurred over 15 years ago
• admission would not put US at a safety risk
• immigrant has been rehabilitated
  OR
• show extreme hardship to spouse, parent, son/daughter

Question 17

What crimes can a 212(h) waiver wave?

Answer 17

• CIMT
• Prostitution
• Single possession of 30 grams or less of marijuana
• Some aggravated felonies

Question 18

What elements must be met to qualify for a 212(i) waiver?

Answer 18

• Committed fraud or misrepresentation of a material fact to get an immigration benefit
• Can show extreme hardship for qualifying relative if waiver not granted

Question 19

Who counts as a qualifying relative for a 212(i) waiver of fraud and misrepresentation?

Answer 19

Citizen/LPR spouse or parents

**children do not count!

Question 20

Who qualifies for an alien smuggling waiver?

Answer 20

• LPR status or applying for green card on a family-based petition
• Otherwise admissible
• Only smuggled their spouse, parent, son, daughter (NO ONE ELSE)

**Note- this waiver is discretionary