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FLETC: Exam Review > REVIEW: Nationality Law > Flashcards

REVIEW: Nationality Law Flashcards

A review of all possible Nat. Law exam questions issued for Exam #1 at FLETC.

1
Q

What is a US National?

A
  1. ) US Citizen

2. ) A person who, though not a citizen of the United States, owes permanent allegiance to the United States.

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2
Q

What is an Alien?

A

Any person that is not a US Citizen or US National

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3
Q

What are the two ways a person can “Acquire” US Citizenship?

A
  1. ) Jus Soli (by place of birth)

2. ) Jus Sanguinis (Law of Blood)

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4
Q

What are the two ways a person can “Derive” US Citizenship?

A
  1. ) Legislatively (14th Amendment, acts of Congress)

2. ) Naturalization (Actions taken by the individual)

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5
Q

In regards to “Derivement” of US Citizenship, what are the three laws Congress enacted?

A
  1. ) Immigration and Nationality Act
  2. ) Homeland Security Act 2002
  3. ) Intelligence Reform and Terrorism Prevention Act of 2004
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6
Q

For Nationality Law Purposes, the United States is defined as…?

A
  1. ) All 50 states
  2. ) Puerto Rico
  3. ) Guam
  4. ) US Virgin Islands
  5. ) Commonwealth of Northern Mariana Island (CNMI)
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7
Q

What is the United States’ Territorial Waters defined as?

A

All waters that are within:

  1. ) 3 miles of US Coastlines
  2. ) 9 miles of PR Coastlines
  3. ) 9 miles off the Gulf Coast of Florida
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8
Q

What are the 5 exceptions to Jus Soli?

A
  1. ) Foreign Sovereigns
  2. ) Heads of foreign states
  3. ) The Blue List
  4. ) Foreign public vessels
  5. ) Children born of invading enemy armies
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9
Q

The term “Residence” means:

A

“The place of general abode of a person means his/her principal, actual dwelling place in fact, without regard to intent”.

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10
Q

What is the definition of “Naturalization”?

A

Conferring of nationality of state upon person after birth, by any means.

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11
Q

What are some general requirements for US Naturalization?

A
  1. ) 18 year-old LPR
  2. ) Literacy requirement
  3. ) 5 year residence, 2.5 years physical presence, three months in district
  4. ) Knowledge of US Government
  5. ) Good moral character
  6. ) Positive attitude and attachment to U.S.
  7. ) Personal investigation, interview, oath of allegiance
  8. ) N550 Certificate of Naturalization delivered
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12
Q

The Foundling Act of 1952 states what?

A

That a child found in the U.S. today, before the age of 5, is considered to be a native-born U.S. Citizen unless proven otherwise before the child reaches the age of 21.

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13
Q

What year did the Child Citizenship Act of 2000 go into effect?

A

2000

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14
Q

What were two of the significant outcomes of the Child Citizenship Act of 2002?

A
  1. ) Granted automatic US Citizenship to certain foreign-born children residing in the U.S.
  2. ) Granted automatic US Citizenship to certain foreign-born children residing abroad by application and oath
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15
Q

Naturalized US Citizens may have their citizenship judicially revoked if?

A
  1. ) Fraud on the application
  2. ) Within 5 years of naturalization, they become affiliated with a subversive organization.
  3. ) Within 10 years of naturalization, they refuse to testify concerning subversive activities.
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16
Q

When can US Citizenship be renounced inside the United States?

A

Only during periods of military hostility

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17
Q

US Citizenship can be renounced outside the U.S. at any time in the presence of ________?

A

a Consular Official.

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18
Q

US Citizens may possibly lose their citizenship if they _______?

A
  1. ) Join a Foreign Army
  2. ) Naturalization to a foreign country
  3. ) Commit Treason
  4. ) Oath of Allegiance to a foreign country
  5. ) Work for a foreign government
  6. ) formal renunciation of US Citizenship
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19
Q

A Passport must show:

A
  1. ) Origin
  2. ) Identity
  3. ) Nationality (if any)
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20
Q

A Passport must be valid for:

A
  1. ) 6 months past the intended stay (migrants)

2. ) 60 days beyond validity date of visa (non-immigrants)

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21
Q

When does a Migrant’s Passport not have to meet the validity date of 6 months past the intended stay?

A

When they are apart of the “6 Month Club”

22
Q

A migrant mast have their passport…

A

in their possession at all time

23
Q

What are the 3 types of passports?

A
  1. ) Diplomatic (Red)
  2. ) Official (Brown)
  3. ) Regular (Blue)
24
Q

What are the requirements for an Alien Visa to enter the United States?

A
  1. ) Applied for at US Consulate or Embassy abroad
  2. ) Need only be valid at time of admission
  3. ) Issued for single entry, specified number of entries, or multiple entries during a period of validity
25
Q

Can CBP Officers issue Non-Immigrant Visas (NIVs) at Ports of Entry?

A

No, CBPO’s are not authorized to issue NIVs on any level.

26
Q

Can a Non-Immigrant Visa be issued to an alien who does not have a passport?

A

Yes, if the US does not have official diplomatic relations with the foreign country of the alien.

27
Q

The United States defaultly thinks all aliens are ______ until proven otherwise.

A

Immigrants

28
Q

Does having a valid passport and visa guarantee an alien admission into the United States?

A

No, the visa only allows the alien to ask for entry at the POE. Ultimately, the CBPO at the Port of Entry as final authority on granting entrance to the US.

29
Q

For how many months are immigrant visas valid for?

A

usually 6 months

30
Q

If someone is a member of the “6 Month Club” how long does their passport have to be valid for at time of entry?

A

no limit, but if the passport expires before the visa requires the alien to leave then the visit is limited to the expiration date of the passport.

31
Q

Mexican citizens holding only a valid B1/B2 Laser Visa (Border Crossing Card) will not be required to have an I-94 if…

A

Seeking admission for business or pleasure:

  1. ) Staying within 25 miles of the Mexican border, for less than 30 days.
  2. ) Staying within 75 miles of the Mexican border, for less than 30 days. (only when entering through certain Arizona land border POEs)
32
Q

What are the cities that an mexican citizen can travel within 75 miles of the Mexican border and not have to fill out an I-94?

A
  1. ) Sasabe
  2. ) Nogales
  3. ) Mariposa
  4. ) Naco
  5. ) Douglas
33
Q

Mexican citizens holding a valid visa and valid Mexican Passport will not be required to have an I-94 if…

A

Seeking admission for business or pleasure:

  1. ) Staying within 25 miles of the Mexican border, for less than 72 hours.
  2. ) Staying within 75 miles of the Mexican border, for less than 72 hours. (only when entering through certain Arizona land border POEs)
34
Q

What are some examples of documents that can be used to gain access into the United States

A
  1. ) Passport
  2. ) NEXUS Card (where available)
  3. ) US Military ID (with travel orders)
  4. ) Merchant Mariner document (aka “Z card”, but only when on official business)
  5. ) US Passport Card
  6. ) Enhanced Driver’s License
  7. ) Form I-872, American Indian Card
  8. ) Enhanced Tribal Card
35
Q

When “Canadian LPR’s” enter the United States from Canada or Mexico which documents are they required to have?

A
  1. ) valid Canadian Passport

* Visa is not required for most non-immigrant classifications for Canadian Citizens

36
Q

What class of immigrant visa does an Immediate Relative of a US Citizen fall under?

A
  1. ) IR = Immediate Relative

2. ) CR = Conditional Relative (someone who has been married for less than two years)

37
Q

What are the IR visa numbers?

A
  1. ) IR-1 / CR-1: Spouse of USC
  2. ) IR-2 / CR-2: Child/Stepchild (-21 & unmarried)
  3. ) IR-3: Child Adopted aboard
  4. ) IR-4: Child to be adopted
  5. ) IR-5: Parent of USC (over 21)
38
Q

What are the classes of the Family-Sponsered immigrant visas?

A
  1. ) F1_’s: Child of USC (+21 & unmarried)
  2. ) F2_’s: Family of LPR
  3. ) F3_’s: Married Child of USC
  4. ) F4_’s: Brother or Sister of USC
39
Q

What are the F1_’s numbers?

A
  1. ) F11: Unmarried Child of USC (+21)

2. ) F12: Child of F11

40
Q

What are the F2_’s numbers?

A
  1. ) F21: Spouse of LPR
  2. ) F22: Child of LPR
  3. ) F23: Child of F21 or F22
  4. ) F24: Unmarried Child of LPR
  5. ) F25: Child of F24
41
Q

What are the F3_’s numbers?

A
  1. ) F31: Married Child of USC
  2. ) F32: Spouse of F31
  3. ) F33: Child of F31
42
Q

What are the F4_’s numbers?

A
  1. ) F41: Brother or Sister of USC
  2. ) F42: Spouse of 41
  3. ) F43: Child of 41
43
Q

How old must a US Citizen to petition for their Parent? Their Brother/Sister? Their Spouse?

A
  1. ) Parent: 21 years old
  2. ) Brother/Sister: 21 years old
  3. ) Spouse: no age limit
44
Q

What are the classes of Migrant Visas?

A
  1. ) B-1/B-2: Business / Pleasure
  2. ) D-1/D-2: Crewmen (Aircraft or Vessel)
  3. ) E: Economy
  4. ) F: Students
  5. ) H: Training / Temp. Employment
  6. ) O: ExtraOrdinary People
  7. ) P: Professional / Performers
45
Q

What documents do migrant crewmen need to have upon reaching the United States

A
  1. ) Passport or Seaman’s book
  2. ) I-418
  3. ) I-95

LPR Crewmembers can also use their 1-551 (Greencard)

46
Q

Are Crewmen ever admitted into the United States as a migrant?

A

No, they are only allowed to land (no more than 29 days)

47
Q

If a crewmen must come ashore after being dined entry into the United States, then it is known as_______?

A

Parole

48
Q

What is the definition of parole in regards to aliens?

A

Allows the alien physical entry to the United States without immigration status.

49
Q

What are the classes of Student Visas?

A
  1. ) F-1: Student

2. ) F-2: Child of F1

50
Q

What is a CBP Form 7507?

A

It is the manifest for an aircraft or vessel that must be provided to US CBP Officers declaring everyone and everything on the aircraft/vessel.

51
Q

What are the Migrant D_’s visa numbers?

A
  1. ) D-1: Crewman leaves on the same aircraft / vessel they arrived on.
  2. ) D-2: Crewman leaves on a different aircraft / vessel then what they arrived on.

FLETC: Exam Review (2 decks)

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