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Immigration Law > Inadmissibility > Flashcards

Inadmissibility Flashcards

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
INA definition of terrorism is __
incredibly broad
26
Terrorist orgs are designated by ___
Sec of State
27
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
28
SK holding
Inadmissible under material support bar
29
SK court said that Congress intended __
terrorism bars to be broad AND material support qualitative over quantitative (amount was enough)
30
SK says amount of material support need not go directly to terrorist orgs because ___
otherwise terrorists could ask for $ under benign causes
31
BIA said that SK could ___
apply for DHS waiver to inadmissibility bar
32
BIA did not address SK's claim that _))
Burmese govt not recognized as legit
33
A DHS decision to grant a waiver or not is __
non-reviewable and no formal process/office to receive it`
34
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)
35
In A-C-M, the BIA held that her support was ___
material because it logically and foreseeably promoted the terrorist org
36
A-C-M said that material concerns ___
type of aid not amount
37
A-C-M rejected __
duress exception
38
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
39
Questions when considering inadmissibility (based on crime)
- What statute convicted under? - Is it CIMT/ drug offense? - Was there a conviction? - Exception? - Waiver available?
40
Conviction under INA doesn't require ___
actual jail time
41
Conviction under INA requires ___
formal judgment of guilt/sufficient facts to warrant finding of guilt + some form of punishment
42
Conviction includes __
- guilty plea - nolo contendere/Alford - suspended sentence - court martial - vacated sentence (unless defect in proceedings) - expungement
43
Convictions include pardons for ___ but not ____
controlled substances, CIMT
44
Convictions don't include pretrial diversions unless ___
require admission of guilt
45
Convictions under INA don't include __
juvenile court judgments unless tried as adult convictions overturned on appeal
46
Exceptions to criminal inadmissibility bars may be available if __
under 18 petty offense with penalty less than 1 year
47
Non-immigrants cannot get inadmissibility waiver for ___
terrorism
48
Waiver statute for immigrants
212(h)
49
Waiver statute for nonimmigrants
212(d)(3)
50
Immigrants can apply for waivers if ___
- single CIMT - 2+ convictions - prostitution
51
Immigrant waivers cannot apply in cases of ___ unless ___
drug grounds, single offense 30grams marijuana or less
52
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
53
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
54
You can become inadmissible for crime not convicted of if ___
admit to it in interview
55
In officer interview you can be inadmissible if you admit to ___ don't have to admit to ___
all essential elements of CIMT, CIMT itself
56
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)
57
It doesn't matter for admissibility if you used marijuana in __
state where it was legal at the time
58
Grounds for health excludability
- communicable disease - mental/physical disorder with behaviors or actual history of behaviors threat to persons or property - drug abuser
59
Public charge inadmissibility is subject to ___
officer discretion (non-reviewable)
60
May still be admitted if public charge if __
affidavit from USC or LPR relative through which getting visa
61
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
62

Immigration Law (14 decks)

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