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Immigration Law > Immigrant Visas (Family-Based) > Flashcards

Immigrant Visas (Family-Based) Flashcards

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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
Q

____ of LPRs cannot get visas until the LPR ___

A

Siblings
Married Children
Parents
naturalizes and then get in line for availability

26
Q

Steps for Obtaining Visa

A
  • initial app filed and approved
  • priority date becomes current
    -petitioner process visas
  • agency approval
  • get visa
27
Q

processing a visa can take __

A

1 1/2 - 2 years

28
Q

If a visa is derivative then __

A

spouses and children/step-children can follow and get visa as soon as beneficiary does

29
Q

Derivative visas are tacked on to ___ NOT ___

A

beneficiary, principal (USC or LPR sponsor)

30
Q

For children of USC, their age __

A

freezes when app filed

31
Q

For children of LPRs, they can only freeze for __

A

visa processing time (must be under 21 when priority date)

32
Q

If child getting F4 visa through USC uncle can only get if __

A

unmarried and under 21 when mom’s visa becomes available

33
Q

what is a UAC

A

unaccompanied alien child

34
Q

Define UAC

A

no parent/guardian in US or none that can provide care and physical custody

35
Q

___ can significantly and unintuitively influence waiting times

A

Marriage

36
Q

Example of marriage waiting time incongruity

A

3 1/2 years for unmarried son of Mexican LPR
24 years for married 19 year old daughter of USC

37
Q

Adams v Howerton facts

A

USC and spouse married in Colorado but denied immediate relative status

38
Q

Adams holding

A

Equal protection not violated because Congress can use PP to enact statute that if applied to citizens would be unconstitutional

39
Q

The letter C on a visa bulletin indicates that __

A

category is current and no wait time beyond visa processing

40
Q

LPRs must carry __

A

proof of LPR status at all times and provide info of address change within 10 days of each move

41
Q

Early family-based immigration was grounded in __

A

individual rights theory (right of male head of household to relocate his family)

42
Q

Most LPRs get it through ___

A

family-based

43
Q

Every noncitizen awarded immigrant visa entitled to bring __

A

spouse as derivative beneficiary

44
Q

A marriage is valid for visa purposes if __

A

– properly and legally performed in the place of celebration
- legally recognized in place of celebration

45
Q

Marriages that are legal in place of celebration can be void if __

A
  • polygamous (prior marriages must be terminated)
  • between relatives
  • minors
46
Q

Marriage fraud usually occurs when __

A

– paid some consideration but no intention of residing together
OR
- alien spouse misleads USC

47
Q

You get a conditional visa if __

A

marriage is less than 2 years old

48
Q

Marriage fraud elements

A

-knowingly
-entered into marriage
- for purpose of evading any imm laws

49
Q

For marriages entered into under removal proceedings must __

A
  • reside outside US in marriage for 2 years
  • good faith evidence (heightened scrutiny)
50
Q

Marriage fraud is a __

A

federal crime

51
Q

LPR who obtained on basis of marriage cannot petition LPR status for foreign spouse unless
____

A
  • 5 years after LPR status
    OR
  • clear and convincing evidence first marriage not fraudulent
52
Q

To self-petition in the case of domestic violence you must show __

A
  • good faith marriage
  • evidence of battery or extreme cruelty
53
Q

At any point in 2 year conditional status, the couple may be __

A

subject to inspection by imm examiners

54
Q

Diversity visas are authorized under __

A

INA 203(c)

55
Q

Diversity is defined only as __

A

national origin

56
Q

Purpose of diversity visas

A

diversify the immigrant pool

57
Q

Diversity visas are selected in __

A

random order by Secretary of State

58
Q

Requirements for diversity visa

A
  • high school degree equivalent
    OR
  • 2 years experience in occupation that requires training
59
Q

Adjusting status is another way of saying __

A

getting a green card

60
Q

The immigration quotas are decided under INA

A

201

61
Q

In Adams, the court disposed of the equal protection claim through ___

A

plenary power

62
Q
A

Immigration Law (14 decks)

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