Immigration Enforcement Authority Flashcards
National
- a person owing allegiance to a state/nation
National of the US
- a US citizen
- if not a US citizen, owes allegiance to the US
Alein
- not a US citizen or national
United States
- continental US
- Alaska
- Hawaii
- Puerto rico
- guam
- US virgin islands
- commonwealth of NMI
Outlying possessions of the US
- American samoa
- swain islands
7 steps of the Immigration process:
1) US national or alien
2) permission to apply for admission
3) arrival in the US
4) examination process
5) inspection process
6) admission process exceptions
7) admission or denial
Step 1 - US national or alien
- US national: US citizen
- Alien: not a US national
US National
made up of two categories:
1) USC
2) Non USC who owe allegiance to the US (OLP)
- American samoa
- swain islands
Aliens classified as:
- Immigrants
- Non Immigrants
- Refugees and Asylees
Step 2 - Alien obtains permission to apply for admission into US
- prior to arrival in the US, alien must visit US embassy or consulate in foreign country and apply for a visa.
- alien needs a US sponsor/petitioner
- petitioner must also file a visa petition
Immigrants
- seek admission to live and work in US
- immigrants referred to as LPR/green card holder
Non Immigrants
- temporary seek admission into US
- employment, student, business
Refugees
- an alien outside the US who seeks permission to enter US because he/she is unable to return home
Asylee
- an alien at US doorstep who seeks permission to enter
Visa waiver program
- allows aliens from “friendly countries” to seek admission to the US for 90 days as temporary visitors without a visa
Step 3 - Arrival in the US
Admission: the lawful entry of an alien into the US after inspection and authorization by an immigration officer
Step 4 - Examination
- process by which citizenship is determined
Aliens who have not established US citizenship to the satisfaction of the immigration officer must proceed to the ____________ phase.
- inspection
Step 5 - Inspection process
categories of aliens encountered:
- immigrants
- non immigrants
- refugees/asylees
Step 6 - Admission process exceptions
- special cases of non USC admissible without inspection
- immigrants do not seek admission unless the immigrant is returning to the US, and:
- special cases of inspection without admission
special cases of non USC admissible without inspection
- nationals of the US (OLP)
- alien members of the US armed forces on active duty
- American Indians born in Canada
immigrants do not seek admission unless the immigrant is returning to the US, and:
- has abandoned status
- absent from US for continuous period greater than 180 days
- engaged in illegal activity after having left US
has left under legal process seeking removal - has committed certain criminal offenses
- is attempting to enter in an area other than port
special cases of inspection without admission
- cremember granted permit to land
- parolee
Step 7 - Admission denied
- 8 USC 1225 (c): authority to detain and remove any alien who is inadmissible under “NATIONAL SECURITY GROUNDS”
- 8 USC 1226a: authority to detain and remove aliens who have been certified by Attorney General as “TERRORIST ALIENS”
how can these aliens be removed?
- Expedited Removal (ER)
- Notice to Appear (NTA)
Arriving aliens may be charged as inadmissible under _______
- 212
