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Immigrant Visas (Family-Based) Flashcards

1
Q

if you are found inadmissible you __

A

lose whatever status you have

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2
Q

Metaphor for thinking about immigration

A

hotel

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3
Q

Three main ways to get immigrant visa

A
  • family
  • employment
  • diversity
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4
Q

if you are admissible you may be able to ___

A

adjust status to immigrant

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5
Q

If you are an LPR you are subject to the bars of deportability __

A

at any time

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6
Q

Difference between refugees and asylees

A
  • Refugees apply abroad
  • Asylees apply once in US or at border
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7
Q

What is the rare circumstance where people may become US citizens right away?

A

defense in deportation proceedings

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8
Q

Primary benefits of IVs

A
  • can naturalize after 5 years (3 if marry USC)
  • work authorization
  • ability to submit family-based petitions
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9
Q

Most immigrant visas are subject to __

A

annual limitations in the INA that haven’t changed since the 1990s

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10
Q

At most, __ of all immigrant visas can come from one country

A

7%

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11
Q

Max diversity visas

A

55k

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12
Q

Max employment visas

A

175k

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13
Q

Max family-based visas

A

480k

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14
Q

Family based visa wait times differ based on ___

A
  • country
  • category
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15
Q

F-1 visas

A

unmarried sons and daughters of USC

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16
Q

F-2 visas

A

Spouses and unmarried sons and daughters of LPRs

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17
Q

F-2a visas

A

Spouse and children of LPRS

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18
Q

F-2b visas

A

unmarried sons and daughters

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19
Q

F-3 visas

A

Married sons and daughters of USC

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20
Q

F-4 visas

A

Siblings of USC who are 21+

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21
Q

Immediate relatives of USC are not __ BUT __

A

subject to numerical limitations or wait times for visa app availability, still have to wait for processing

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22
Q

Who are immediate relatives under the INA

A
  • Spouses of USC
  • Parents of USC sons and daughters (must be 21+)
  • Children (under 21 and unmarried) of USC
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23
Q

Why can’t you get status through an anchor baby?

A

Cannot sponsor as immediate relative until the child is 21

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24
Q

USC family member does not __

A

mean eligible for family based visas

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25
____ of LPRs cannot get visas until the LPR ___
Siblings Married Children Parents naturalizes and then get in line for availability
26
Steps for Obtaining Visa
- initial app filed and approved - priority date becomes current -petitioner process visas - agency approval - get visa
27
processing a visa can take __
1 1/2 - 2 years
28
If a visa is derivative then __
spouses and children/step-children can follow and get visa as soon as beneficiary does
29
Derivative visas are tacked on to ___ NOT ___
beneficiary, principal (USC or LPR sponsor)
30
For children of USC, their age __
freezes when app filed
31
For children of LPRs, they can only freeze for __
visa processing time (must be under 21 when priority date)
32
If child getting F4 visa through USC uncle can only get if __
unmarried and under 21 when mom's visa becomes available
33
what is a UAC
unaccompanied alien child
34
Define UAC
no parent/guardian in US or none that can provide care and physical custody
35
___ can significantly and unintuitively influence waiting times
Marriage
36
Example of marriage waiting time incongruity
3 1/2 years for unmarried son of Mexican LPR 24 years for married 19 year old daughter of USC
37
Adams v Howerton facts
USC and spouse married in Colorado but denied immediate relative status
38
Adams holding
Equal protection not violated because Congress can use PP to enact statute that if applied to citizens would be unconstitutional
39
The letter C on a visa bulletin indicates that __
category is current and no wait time beyond visa processing
40
LPRs must carry __
proof of LPR status at all times and provide info of address change within 10 days of each move
41
Early family-based immigration was grounded in __
individual rights theory (right of male head of household to relocate his family)
42
Most LPRs get it through ___
family-based
43
Every noncitizen awarded immigrant visa entitled to bring __
spouse as derivative beneficiary
44
A marriage is valid for visa purposes if __
-- properly and legally performed in the place of celebration - legally recognized in place of celebration
45
Marriages that are legal in place of celebration can be void if __
- polygamous (prior marriages must be terminated) - between relatives - minors
46
Marriage fraud usually occurs when __
-- paid some consideration but no intention of residing together OR - alien spouse misleads USC
47
You get a conditional visa if __
marriage is less than 2 years old
48
Marriage fraud elements
-knowingly -entered into marriage - for purpose of evading any imm laws
49
For marriages entered into under removal proceedings must __
- reside outside US in marriage for 2 years - good faith evidence (heightened scrutiny)
50
Marriage fraud is a __
federal crime
51
LPR who obtained on basis of marriage cannot petition LPR status for foreign spouse unless ____
- 5 years after LPR status OR - clear and convincing evidence first marriage not fraudulent
52
To self-petition in the case of domestic violence you must show __
- good faith marriage - evidence of battery or extreme cruelty
53
At any point in 2 year conditional status, the couple may be __
subject to inspection by imm examiners
54
Diversity visas are authorized under __
INA 203(c)
55
Diversity is defined only as __
national origin
56
Purpose of diversity visas
diversify the immigrant pool
57
Diversity visas are selected in __
random order by Secretary of State
58
Requirements for diversity visa
- high school degree equivalent OR - 2 years experience in occupation that requires training
59
Adjusting status is another way of saying __
getting a green card
60
The immigration quotas are decided under INA
201
61
In Adams, the court disposed of the equal protection claim through ___
plenary power
62

Immigration Law (14 decks)

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