Immigrant classifications Flashcards
common documents to determine US citizenship:
- US passport (even if expired)
- US passport card
- US citizen ID card (I-197)
- Certificate of naturalization (Form N-550)
- Certificate of citizenship (N-560)
- birth certificate
individuals exempt from inspection:
- alien members of US armed forces (active)
- aliens entering from Guam, PR, US virgin islands, or CNMI
- american indians born in canada with at least 50% indian blood
who is responsible for visa adjudication?
- US state department
who determines admission, length of stay, and conditions of stay in US?
- CBPO
3 types of passports:
- regular: business or pleasure
- official: govt employee
- diplomatic passport: foreign service officer
how long does passport have to be valid for beyond admission?
- 6 months
SEVIS
- student and exchange visitor information system
Border Crosser Card
- only available to MEXICANS seeking admission for business or pleasure
- 30 day stay
- must stay within 25 miles of border
I-94
- arrival/departure record
- given to certain classes of aliens (refugees, asylees, parolees)
- must carry paper at all times
- must return paper to CBP officer when they leave
canadians needs to present ONE of the following when trying to enter the US:
- canadian passport
- enhanced drivers license or ID card
- NEXUS, EXPRESS, OR SENTRI card
Diplomatic Classifications (A-1, A-2, A-3)
A-1: ambassador, public minister, consular official (family included)
A-2: diplomatic mission official (family included)
A-3: attendant, servant, or personal employee of above
A-3 (attendant, servant)
- can go to school
- can’t work
- admitted for 3 years
- inadmissible on all grounds
Business or Pleasure classifications (B-1, B-2)
- B-1: business
- B-2: pleasure
includes patient seeking medical treatment at their own expense
B-1 length of stay?
- 1 year max
B-2 length of stay?
- 6 months
- extensions not to exceed a year
WB/WT
- visitors for business under VISA WAIVER PROGRAM
- less than 90 days
Student classifications (F-1, F-2, F-3)
F-1: academic student
F-2: spouse or child of F-1
F-3: Border commuter student
F-1
- full time ACADEMIC student at approved school
F-2
- includes same sex spouse
- requires I-20A (SEVIS form)
F-3 AKA F-1
- border commuter student part time aka F-1!!!
- must maintain foreign residence
- spouse/child not eligible for F-2
the state department now issues F1 visas with the notation on the visa that says _________
- commuter
Specialty and Temporary workers classification (H)
- H1-B: specialty occupations, DOD research and development project worker, Fashion model
- H2-A: temporary agricultural worker
- H2-B: temporary non agricultural worker
- H-3: trainee or participant in special education exchange visitor program
- H-4: spouse or child of above
H2-A: temporary agricultural worker length of stay?
- 1 year
H2-B: temporary non agricultural worker length of stay?
- 1 year
H-3: trainee or participant in special education exchange visitor program length of stay?
- 2 years
Fiance classifications (K-1, K-2)
- K-1: fiancee of USC
- K-2: child of K-1
- K-3: spouse of USC
- K-4: child of K-3
K-1
- must marry within 90 days of entry into US
- after marriage, foreign spouse may apply for adjustment to LPR status through USCIS or I-130 (petition for immigrant visa)
K-3
- intended to shorten the physical separation and foreign USC spouse by allowing the spouse to enter the US to await approval of I-130 (petition for alien relative)
- maximum initial admission period 2 years
Vocational students (M-1, M-2, M-3 aka M-1)
- M-1: full time vocational student
- M-2: spouse/child of M-1
- M-3: border crosser aka M-1
M-1
- full time VOCATIONAL or nonacademic student
- admitted for duration of course +30 days
M-3 aka M-1
- part time vocational student traveling back and forth from us to mex/can
- school within 75 miles of border
- must maintain foreign residence
