Immigration Enforcement Authority

Question 1

National

Answer 1

• a person owing allegiance to a state/nation

Question 2

National of the US

Answer 2

• a US citizen

- if not a US citizen, owes allegiance to the US

Question 3

Alein

Answer 3

• not a US citizen or national

Question 4

United States

Answer 4

• continental US
• Alaska
• Hawaii
• Puerto rico
• guam
• US virgin islands
• commonwealth of NMI

Question 5

Outlying possessions of the US

Answer 5

• American samoa

- swain islands

Question 6

7 steps of the Immigration process:

Answer 6

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

Question 7

Step 1 - US national or alien

Answer 7

• US national: US citizen

- Alien: not a US national

Question 8

US National

Answer 8

made up of two categories:

1) USC

2) Non USC who owe allegiance to the US (OLP)
- American samoa
- swain islands

Question 9

Aliens classified as:

Answer 9

• Immigrants
• Non Immigrants
• Refugees and Asylees

Question 10

Step 2 - Alien obtains permission to apply for admission into US

Answer 10

• 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

Question 11

Immigrants

Answer 11

• seek admission to live and work in US

- immigrants referred to as LPR/green card holder

Question 12

Non Immigrants

Answer 12

• temporary seek admission into US

- employment, student, business

Question 13

Refugees

Answer 13

• an alien outside the US who seeks permission to enter US because he/she is unable to return home

Question 14

Asylee

Answer 14

• an alien at US doorstep who seeks permission to enter

Question 15

Visa waiver program

Answer 15

• allows aliens from “friendly countries” to seek admission to the US for 90 days as temporary visitors without a visa

Question 16

Step 3 - Arrival in the US

Answer 16

Admission: the lawful entry of an alien into the US after inspection and authorization by an immigration officer

Question 17

Step 4 - Examination

Answer 17

• process by which citizenship is determined

Question 18

Aliens who have not established US citizenship to the satisfaction of the immigration officer must proceed to the ____________ phase.

Answer 18

• inspection

Question 19

Step 5 - Inspection process

Answer 19

categories of aliens encountered:

• immigrants
• non immigrants
• refugees/asylees

Question 20

Step 6 - Admission process exceptions

Answer 20

• 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

Question 21

special cases of non USC admissible without inspection

Answer 21

• nationals of the US (OLP)
• alien members of the US armed forces on active duty
• American Indians born in Canada

Question 22

immigrants do not seek admission unless the immigrant is returning to the US, and:

Answer 22

• 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

Question 23

special cases of inspection without admission

Answer 23

• cremember granted permit to land

- parolee

Question 24

Step 7 - Admission denied

Answer 24

• 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”

Question 25

how can these aliens be removed?

Answer 25

• Expedited Removal (ER)

- Notice to Appear (NTA)

Question 26

Arriving aliens may be charged as inadmissible under _______

Answer 26

• 212