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COMP 1 > Immigration > Flashcards

Immigration Flashcards

1
Q

Alien

A

A person who is not a U.S. citizen or national of the U.S. [INA §
101(a)(3)]

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2
Q

Nonimmigrant (definition)

A

An alien who seeks temporary entry to the United States

for a specific purpose

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3
Q

Examination

A
  • All persons applying for admission to the U.S. are considered to be applicants for admission.
  • All applicants for admission are examined to determine the person’s identity and citizenship.z
  • If applicant for admission is a United States citizen, the examination is terminated – USCs have a right to enter the U.S.
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4
Q

Inspection

A
  • An individual who applies for admission as an alien, or who fails to satisfy to the CBP Officer that he or she is a USC, will be inspected as an alien.
  • Inspection is used to determine admissibility.
  • Alien has the burden to prove that they are admissible to the U.S.
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5
Q

Exempt from Inspection

A

• U.S Citizens
• Aliens that are members of the US armed forces under official orders with proper ID
• Aliens entering from Guam, PR, Virgin Islands, Northern Mariana Islands
- American Indians born in Canada (50%)

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6
Q

Qualifying for admission (alien)

A
  • 1) Period of authorized stay in the U.S.
  • 2) Employment in the U.S.
  • 3) Foreign residence requirements
  • 4) Provisions for family members
  • 5) Change of classification and/or extension of stay
  • State department is responsible for Visa adjudication
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7
Q

Lucas is employed by a Brazilian architectural firm. The company is
working on the design of a new terminal and Lucas has meetings set up with officials at a number of U.S. airports to observe their operations. He expects the trip will take about six weeks. His wife, Mariana, would like to
accompany him on the trip, although she will not be participating in the
meetings.
Does Lucas require a visa? If so, what type?
Does Mariana need a visa to accompany him? If so, what type?

A

Lucas - B1

Mariana - B2

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8
Q

Anish has been an executive with an Indian software company for the
past five years. He is now coming to the U.S. on a temporary assignment
to help launch a new U.S. division of the firm. His adult daughter Lasika
wants to accompany him so that she can visit a number of U.S. colleges.
She is looking to decide where she wants to enroll as a full-time graduate
student.
What kind of visa would Anish have and how long could he be permitted
to stay?

What kind of visa would Lasika need?

A

Anish - L1A

Lasika - B2

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9
Q

Kim Lo is coming to the U.S. to visit his cousin and also expects to have
surgery to fuse vertebrae in his neck. What type of visa does he need to do both?

A

B-2

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10
Q

Paul, a British software engineer is going to be working on a joint
research project under the sponsorship of the U.S. Department of Defense. What would his visa classification be?

A

H1B

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11
Q

Baruch is coming to the U.S. as the personal employee of an A-1
member of his country’s diplomatic mission. What type of visa does
Baruch require?

A

A-3

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12
Q

Baruch is coming to the U.S. as the personal employee of an A-1
member of his country’s diplomatic mission. What type of visa does
Baruch require?

A

A-3

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13
Q

Carlos crosses the border from Mexico several times a week to attend classes at a U.S. college. What visa classification does he have?

A

F-3

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14
Q

James is accompanying his wife Elizabeth to the U.S. while she is
attending a month long convention for work. She will continue on the
payroll but he is taking leave from his own job. What kind of visa would
each of them require? James is a skilled translator. Would he be able to
pick up some freelance work while in the U.S.?

A

James - B2

Elizabeth - B1

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15
Q

Lema came to the U.S. from Syria with an F-1 visa. However, she may
have to drop out of school to work because her family can no longer
provide any financial support. If she leaves school is she immediately
removable?

A

yes, unless applies for TPS (temporary Protected Status)

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16
Q

Gregor, a manager with the Polish office of a multinational firm, has been assigned to manage one of the company’s U.S. offices. What kind of visa would he likely have and how long would he be permitted to stay in the U.S.?

A

L1A

17
Q

Nonimmigrant classifications

A 
A – Diplomat 
 B – Visitor for business or pleasure 
 WB/WT – Visitors for business or pleasure without a visa 
 D – Vessel or aircraft crew 
 F – Academic student 
 G – Official foreign government representative 
 H – Specialty occupations, certain temporary workers 
 J – Exchange visitor 
 K – Fiancé, child, spouse of USC 
 L – Intracompany transferee 
 M – Vocational student 
 R – Religious worker 
TPS – Temporary Protected Status
18
Q

First step in filing an immigrant visa

A

filing a petition

19
Q

Who can self-petition

A

Entrepreneurs intending to invest significant capital in a business venture (I-526)

Amerasian, Widow(er), Special Immigrant (I-360)

Amerasian = Amerasian child or son or daughter of a United States citizen if there is reason to believe that the alien was born in Korea, Vietnam, Laos, Kampuchea, or Thailand after December 31, 1950, and before October 22, 1982, and was fathered by a United States citizen.

20
Q

Approved petition does not

A
  1. Guarantee an immigrant visa
  2. Authorize beneficiary to enter or remain in U.S.
  3. Grant employment authorization.
21
Q

National Visa Center

A
  • USCIS forwards approved petition to National Visa Center (NVC) for immigrant visa pre-processing
  • NVC sends notification when it will accept fees and documents for processing
22
Q

You encounter Luisa while conducting interviews at the local jail. She claims to be a lawful permanent resident and advises you that her documentation is in her property held by the jail. You examine her property and discover her Permanent Resident card which indicates her classification as being an IR-5. Who would have been Luisa’s petitioner?

A

Her USC parent.

23
Q

Unmarried son/daughter of LPR

A

F24 - has to be 21 or under.

If married, they must file their own petition.

24
Q

Arthur, CEO of a new industrial pig farm, immigrated from the Netherlands last year as a T51. Does he have LPR status?

A

No

25
Q

In an interview you learn that Vikram arrived in the U.S. a year ago, joining his wife, a USC, seven months after their wedding. What might his status be and why?

A

CR-1 (less then 2 years)

26
Q

Katrina displays an I-551 with an IR-2 classification, issued six months ago. She says that she and her friends are heading to Las Vegas to celebrate her 24th birthday. Is there an issue with this?

A

No, was a child when she applied.

27
Q

Outlying Possessions of the United States

A

American Samoa and Swains Island

28
Q

Acknowledgment of paternity

A

A method by which a USC father can establish or recognize paternity of a child born out of wedlock. Applies only to certain historical periods.

29
Q

Constructive physical presence

A

Periods of honorable service in U.S. Armed Forces, employment with the U.S. government, or employment with an international organization, or as an unmarried son or daughter member of the household of such employee.

30
Q

Continuous physical presence

A

An extended period of physical presence required to retain U.S. citizenship.

31
Q

Legitimation

A

Legal action taken by the father of a child born out of wedlock for creating a legal relationship between father and child.

32
Q

French citizen goes on vacation to the US, gives birth to a child while inside of the US and leaves the US two days after birth and returns to France. Is the child a US citizen?

A

Yes.

33
Q

Jus Soli

A

Child born in US

Exceptions:

  • Head of State (visiting foreign sovereign)
  • Foreign diplomatic officers on the diplomatic list
  • On a foreign public vessel in US waters
  • Invading army
34
Q

Jus Sanguinis

A

Child born abroad to one or two USC parents may acquire U.S. citizenship automatically under certain conditions, including whether parents were married

35
Q

The US includes (radius)

A

12 miles along coast

Airspace above US, ports, harbors, bays, enclosed sea areas.

36
Q

Derivative

A

Child born abroad to alien parent and parent becomes naturalized can automatically derive U.S. citizenship under certain conditions

37
Q

Enrique: Rosa, a citizen of El Salvador, snuck across the border from Mexico. Rosa went into labor and the U.S. Border Patrol called an ambulance. The ambulance transported her to a U.S. hospital where she gave birth to Enrique. Does the newborn qualify for automatic U.S. citizenship? Why or why not?

A

Yes, Jus Soli

38
Q

Paul: The new French ambassador to the United States and his wife just had a healthy little boy that they named Paul. They reside in Washington, DC. Does Paul qualify for automatic U.S. citizenship? Why or why not?

A

No, exception - ambassador

39
Q

Lucy: While visiting the United States on vacation in 1992, Tomio and Nachan, both Japanese citizens, gave birth to a little girl, Lucy, while in New York. Does Lucy qualify for automatic U.S. citizenship? Why or why not?

A

Yes, Jus Soli

COMP 1 (7 decks)

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