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Immigration Law > Inadmissibility > Flashcards

Inadmissibility Flashcards

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1
Q

What is admission

A

lawful entry after inspection and authorization by immigration officer

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2
Q

The rules of inadmissibility are governed by __

A

INA (can’t be changed by DHS)

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3
Q

When does inadmissibility come into play

A
  • applying for visa/considering admission
  • apply for new visa
  • depart US and return
  • EWI
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4
Q

General inadmissibility grounds

A
  • Health
  • Criminal
  • Security
  • Public Charge
  • Illegal entrants
  • Previously removed
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5
Q

What is TRIG

A

terrorism related inadmissibility grounds

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6
Q

Parole may allow ___

A

work authorization

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7
Q

Examples of immigration violations that affect admissibility

A
  • lack of valid documentation
  • fraud
  • false claims to US citizenship
  • failure to attend removal proceeding
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8
Q

Adjustment of status is only allowed if ___

A

admitted/parole + immediately eligible for IV + admissible

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9
Q

Inadmissibility is not an issue when ___

A

out of status or applying for green card because previously admitted

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10
Q

People with green cards can be ___

A

deported

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11
Q

There is a 3 year bar on admissibility if ____

A

unlawfully present in US for 180-365 days

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12
Q

There is a 10 year bar on admissibility if ____

A

unlawfully present for 1 year+

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13
Q

If you fail to attend removal proceeding without “reasonable cause” there is __

A

5 year bar on admissibility

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14
Q

You can get a lifetime bar on admissibility if ___

A

here again without authorization after removed following 1 year of unlawful presence
OR
engage in fraud during process

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15
Q

Inadmissibility cup fills with days present but ___

A

only spills (relevant) if person departs the US

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16
Q

If B overstays 5 years but remains in US and then becomes eligible for green card __

A

he can be eligible for green card if no other admissibility issues

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17
Q

Bars of inadmissibility don’t apply to ___

A

minors or asylees

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18
Q

Bars of inadmissibility can be waived by govt if ___

A

spouse or child of USC or LPR
AND
can show extreme hardship to relative with status

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19
Q

what is advance parole

A

if present without authorization can petition govt to allow entry on return

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20
Q

advance parole doesn’t mean __

A

formally admitted

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21
Q

Arabally held that a departure under grant of advance parole ___

A

does not qualify as departure under INA

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22
Q

Arabally said can’t be inadmissible __

A

solely from trip abroad undertaken with grant of advance parole

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23
Q

Dissent in Arabally

A

even if got permission from DHS they still left US at their own risk

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24
Q

Terrorism inadmissibility can apply to __

A

spouses or children of people who engage in terrorism
OR
giving material support

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25
Q

INA definition of terrorism is __

A

incredibly broad

26
Q

Terrorist orgs are designated by ___

A

Sec of State

27
Q

Matter of SK facts

A

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

28
Q

SK holding

A

Inadmissible under material support bar

29
Q

SK court said that Congress intended __

A

terrorism bars to be broad
AND
material support qualitative over quantitative (amount was enough)

30
Q

SK says amount of material support need not go directly to terrorist orgs because ___

A

otherwise terrorists could ask for $ under benign causes

31
Q

BIA said that SK could ___

A

apply for DHS waiver to inadmissibility bar

32
Q

BIA did not address SK’s claim that _))

A

Burmese govt not recognized as legit

33
Q

A DHS decision to grant a waiver or not is __

A

non-reviewable and no formal process/office to receive it`

34
Q

Matter of A-C-M facts

A

Captured by Salvadoran guerrillas and forced to perform cooking and cleaning under threat of death (they killed her husband)

35
Q

In A-C-M, the BIA held that her support was ___

A

material because it logically and foreseeably promoted the terrorist org

36
Q

A-C-M said that material concerns ___

A

type of aid not amount

37
Q

A-C-M rejected __

A

duress exception

38
Q

Crimes that may lead to inadmissible

A
  • 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
39
Q

Questions when considering inadmissibility
(based on crime)

A
  • What statute convicted under?
  • Is it CIMT/ drug offense?
  • Was there a conviction?
  • Exception?
  • Waiver available?
40
Q

Conviction under INA doesn’t require ___

A

actual jail time

41
Q

Conviction under INA requires ___

A

formal judgment of guilt/sufficient facts to warrant finding of guilt + some form of punishment

42
Q

Conviction includes __

A
  • guilty plea
  • nolo contendere/Alford
  • suspended sentence
  • court martial
  • vacated sentence (unless defect in proceedings)
  • expungement
43
Q

Convictions include pardons for ___ but not ____

A

controlled substances, CIMT

44
Q

Convictions don’t include pretrial diversions unless ___

A

require admission of guilt

45
Q

Convictions under INA don’t include __

A

juvenile court judgments unless tried as adult
convictions overturned on appeal

46
Q

Exceptions to criminal inadmissibility bars may be available if __

A

under 18
petty offense with penalty less than 1 year

47
Q

Non-immigrants cannot get inadmissibility waiver for ___

A

terrorism

48
Q

Waiver statute for immigrants

A

212(h)

49
Q

Waiver statute for nonimmigrants

A

212(d)(3)

50
Q

Immigrants can apply for waivers if ___

A
  • single CIMT
  • 2+ convictions
  • prostitution
51
Q

Immigrant waivers cannot apply in cases of ___ unless ___

A

drug grounds, single offense 30grams marijuana or less

52
Q

Immigrant waivers for criminal inadmissibility must be ____

A

more than 15 years before visa app/adjustment of status OR if extreme hardship to LPR or USC relative

53
Q

Exceptions for CIMT inadmissibility

A
  • 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
54
Q

You can become inadmissible for crime not convicted of if ___

A

admit to it in interview

55
Q

In officer interview you can be inadmissible if you admit to ___ don’t have to admit to ___

A

all essential elements of CIMT, CIMT itself

56
Q

If admit in college to possessing marijuana several times and say probably more than 40 grams you cannot ___ but ___

A

seek exception (drug offense)
may seek waiver (but unlikely because alluded to more than once and more than 30g)

57
Q

It doesn’t matter for admissibility if you used marijuana in __

A

state where it was legal at the time

58
Q

Grounds for health excludability

A
  • communicable disease
  • mental/physical disorder with behaviors or actual history of behaviors threat to persons or property
  • drug abuser
59
Q

Public charge inadmissibility is subject to ___

A

officer discretion (non-reviewable)

60
Q

May still be admitted if public charge if __

A

affidavit from USC or LPR relative through which getting visa

61
Q

Random exclusionary grounds

A
  • 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
62
Q
A

Immigration Law (14 decks)

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