Inadmissibility Flashcards
What is admission
lawful entry after inspection and authorization by immigration officer
The rules of inadmissibility are governed by __
INA (can’t be changed by DHS)
When does inadmissibility come into play
- applying for visa/considering admission
- apply for new visa
- depart US and return
- EWI
General inadmissibility grounds
- Health
- Criminal
- Security
- Public Charge
- Illegal entrants
- Previously removed
What is TRIG
terrorism related inadmissibility grounds
Parole may allow ___
work authorization
Examples of immigration violations that affect admissibility
- lack of valid documentation
- fraud
- false claims to US citizenship
- failure to attend removal proceeding
Adjustment of status is only allowed if ___
admitted/parole + immediately eligible for IV + admissible
Inadmissibility is not an issue when ___
out of status or applying for green card because previously admitted
People with green cards can be ___
deported
There is a 3 year bar on admissibility if ____
unlawfully present in US for 180-365 days
There is a 10 year bar on admissibility if ____
unlawfully present for 1 year+
If you fail to attend removal proceeding without “reasonable cause” there is __
5 year bar on admissibility
You can get a lifetime bar on admissibility if ___
here again without authorization after removed following 1 year of unlawful presence
OR
engage in fraud during process
Inadmissibility cup fills with days present but ___
only spills (relevant) if person departs the US
If B overstays 5 years but remains in US and then becomes eligible for green card __
he can be eligible for green card if no other admissibility issues
Bars of inadmissibility don’t apply to ___
minors or asylees
Bars of inadmissibility can be waived by govt if ___
spouse or child of USC or LPR
AND
can show extreme hardship to relative with status
what is advance parole
if present without authorization can petition govt to allow entry on return
advance parole doesn’t mean __
formally admitted
Arabally held that a departure under grant of advance parole ___
does not qualify as departure under INA
Arabally said can’t be inadmissible __
solely from trip abroad undertaken with grant of advance parole
Dissent in Arabally
even if got permission from DHS they still left US at their own risk
Terrorism inadmissibility can apply to __
spouses or children of people who engage in terrorism
OR
giving material support
INA definition of terrorism is __
incredibly broad
Terrorist orgs are designated by ___
Sec of State
Matter of SK facts
Burmese citizen of persecuted minority challenging asylum denial based on $600 donations to armed resistance group designated as legitimate voice of Burmese people by US govt
SK holding
Inadmissible under material support bar
SK court said that Congress intended __
terrorism bars to be broad
AND
material support qualitative over quantitative (amount was enough)
SK says amount of material support need not go directly to terrorist orgs because ___
otherwise terrorists could ask for $ under benign causes
BIA said that SK could ___
apply for DHS waiver to inadmissibility bar
BIA did not address SK’s claim that _))
Burmese govt not recognized as legit
A DHS decision to grant a waiver or not is __
non-reviewable and no formal process/office to receive it`
Matter of A-C-M facts
Captured by Salvadoran guerrillas and forced to perform cooking and cleaning under threat of death (they killed her husband)
In A-C-M, the BIA held that her support was ___
material because it logically and foreseeably promoted the terrorist org
A-C-M said that material concerns ___
type of aid not amount
A-C-M rejected __
duress exception
Crimes that may lead to inadmissible
- CIMT
- any drug offense
- 2 or more that lead to 5+ sentence
- traffickers of controlled substance
- prostitution
- human trafficking
- money laundering
- religious freedom crimes abroad
Questions when considering inadmissibility
(based on crime)
- What statute convicted under?
- Is it CIMT/ drug offense?
- Was there a conviction?
- Exception?
- Waiver available?
Conviction under INA doesn’t require ___
actual jail time
Conviction under INA requires ___
formal judgment of guilt/sufficient facts to warrant finding of guilt + some form of punishment
Conviction includes __
- guilty plea
- nolo contendere/Alford
- suspended sentence
- court martial
- vacated sentence (unless defect in proceedings)
- expungement
Convictions include pardons for ___ but not ____
controlled substances, CIMT
Convictions don’t include pretrial diversions unless ___
require admission of guilt
Convictions under INA don’t include __
juvenile court judgments unless tried as adult
convictions overturned on appeal
Exceptions to criminal inadmissibility bars may be available if __
under 18
petty offense with penalty less than 1 year
Non-immigrants cannot get inadmissibility waiver for ___
terrorism
Waiver statute for immigrants
212(h)
Waiver statute for nonimmigrants
212(d)(3)
Immigrants can apply for waivers if ___
- single CIMT
- 2+ convictions
- prostitution
Immigrant waivers cannot apply in cases of ___ unless ___
drug grounds, single offense 30grams marijuana or less
Immigrant waivers for criminal inadmissibility must be ____
more than 15 years before visa app/adjustment of status OR if extreme hardship to LPR or USC relative
Exceptions for CIMT inadmissibility
- under 18 and 5+ years before seeking visa
– max penalty for CIMT not more than 1 year in prison and only sentenced to max 6 months
You can become inadmissible for crime not convicted of if ___
admit to it in interview
In officer interview you can be inadmissible if you admit to ___ don’t have to admit to ___
all essential elements of CIMT, CIMT itself
If admit in college to possessing marijuana several times and say probably more than 40 grams you cannot ___ but ___
seek exception (drug offense)
may seek waiver (but unlikely because alluded to more than once and more than 30g)
It doesn’t matter for admissibility if you used marijuana in __
state where it was legal at the time
Grounds for health excludability
- communicable disease
- mental/physical disorder with behaviors or actual history of behaviors threat to persons or property
- drug abuser
Public charge inadmissibility is subject to ___
officer discretion (non-reviewable)
May still be admitted if public charge if __
affidavit from USC or LPR relative through which getting visa
Random exclusionary grounds
- Communists if IV
- Genocide
- torture/recruit child soldiers/ extrajudicial killings
- Nazis
- adverse foreign policy consequences
- polygamist if IV
- renounce US citizenship to avoid taxes
-unlawful voter
