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Comprehensive Overview Of Immigration Law > Unit 1: Introductory Themes > Flashcards

Unit 1: Introductory Themes Flashcards

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1
Q

Immigration Law

A

The rules and regulations that govern which noncitizens: (1) may enter the US, for how long, and what purposes; (2) may work in the US or qualify for other benefits; (3) may become USCs and the requirements for doing so; and (4) must leave the US.

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2
Q

USC

A

US Citizen

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3
Q

When can naturalized citizens be subject to denaturalization?

A

If their citizenship was obtained illegally or through fraud.

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4
Q

What are the 4 categories of noncitizens (i.e., “aliens”)?

A

(1) Lawful Permanent Resident
(2) Asylees & Refugees
(3) Nonimmigrants
(4) Undocumented

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5
Q

What are LPRs often referred to as?

A

Green card holders

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6
Q

What can LPRs do?

A
  • Sponsor close family members (spouses & unmarried children) for lawful permanent residence
  • Apply for US citizenship/naturalization after spending a prescribed amount of time in the US as LPRs
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7
Q

How do LPRs lose status?

A
  • If convicted of certain criminal offenses
  • Smuggling
  • Found to have abandoned residency through an extended absence from the US
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8
Q

What are the 3 largest pathways to LPR status?

A
  1. Family Relationships
  2. Employment skills needed in US
  3. Humanitarian Protection (e.g., asylum or refugee status; U and T status for victims of serious crimes or human trafficking; Special Immigrant Juvenile Status [SIJS]; relief under Violence Against Women Act [VAWA].
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9
Q

What is SIJS?

A

Special Immigrant Juvenile Status - for children who have been abused, neglected, or abandoned by their parent(s)

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10
Q

VAWA

A

Violence Against Women Act - for victims of domestic violence

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11
Q

Diversity Immigrant Visa Program

A
  • aka the “green card lottery”

- awards LPR status to about 50,000 noncitizens from countries with low rates of immigration to the US

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12
Q

Cuban adjustment

A

A less common pathway to LPR for certain natives of Cuba

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13
Q

Non-LPR cancellation of removal

A

A less common pathway to LPR status available to certain noncitizens in removal proceedings who have been in US for at least 10 years & have close USC or LPR relatives

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14
Q

Grounds of Inadmissibility

A

Obstacles to lawful permanent residence that prevent noncitizens from becoming LPRs

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15
Q

Lawful Permanent Residency

A

One of the 4 major categories of noncitizens. They have more immigration benefits than other categories of noncitizens.

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16
Q

Asylees & Refugees

A
  • one of the 4 most common categories of noncitizens
  • have been persecuted in home countries or fear future persecution based on race, religion, nationality, political opinion, or social group membership
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17
Q

What is the difference between asylees & refugees?

A
  • Those granted refuge status are identified and interviewed outside the US by the DOS & USCIS
  • Asylum is a protection that can only be applied for once an individual is already in the US or at a US border or port of entry
  • Does not matter how they entered or attempted to enter the country
  • Individuals can apply for asylum affirmatively or as a defense in removal proceedings
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18
Q

How can an individual apply for asylum?

A
  • Individuals can apply for asylum affirmatively or as a defense in removal proceedings
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19
Q

How long are asylum and refugee status granted for?

A

Indefinitely

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20
Q

What can asylees and refugees do?

A
  • Work in the US
  • Petition for their spouses & minor children to join them as derivative refugees or asylees
  • Special pathway to LPR status that allows forgiveness of many of the common obstacles to LPR status
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21
Q

How long after someone is granted asylum or refugee status can they apply for LPR status?

A

1 year

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22
Q

Nonimmigrants

A

One of the 4 main categories of noncitizens - individuals who have been authorized to travel to the US for a temporary purpose

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23
Q

Where are nonimmigrant visas acquired?

A

US consulates abroad

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24
Q

What do nonimmigrant visas consist of?

A

A travel document affixed to applicant’s passport

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25
Q

What are some of the most common nonimmigrant visa categories?

A 
A - diplomats
B - tourists
D - crewpersons
F - students
H - employment
J - exchange visitors
K - fiancé(e)s off USCs
P - artists & entertainers
T - victims of severe forms of human trafficking
U - victims of certain serious crimes who have helped or may be helpful to law enforcement
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26
Q

Do nonimmigrant categories have built-in pathways to LPR status?

A

Most do not. Only K (fiancés of USCs), T (victims of human trafficking), and U (victims of serious crimes who have helped or could be helpful to law enforcement) do.

Everyone else has to resort to family-based or employment-based humanitarian pathways to become LPRs.

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27
Q

What do those on nonimmigrant visas have to do upon arrival to the US?

A
  • Get inspected by a U.S. Customs and Border Protection (CBP) officer, who prepared an I-94 “Arrival/Departure” record specifying entry type and length of allowed stay.
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28
Q

I-94

A
  • “Arrival/Departure” form issued to those with nonimmigrant visas upon arrival to the US
  • Specifies (1) type of entry status and (2) length of admissible stay
  • Must be filled out digitally by those entering by air or sea and physically get those entering by land
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29
Q

U nonimmigrant visa classification

A

For victims of certain serious crimes who have helped our may be helpful to law enforcement

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30
Q

T nonimmigrant classification

A

For victims of severe forms of human trafficking

31
Q

K nonimmigrant classification

A

For fiancé(e)s of USCs

32
Q

Temporary Protection Status

A

A temporary form of protection to individuals residing in the US who are citizens of certain designated countries that have suffered severe natural disasters or ongoing armed conflicts. TPS protects those who qualify from removal and gives them work authorization.

33
Q

How does one qualify for TPS?

A
  • Must be a national of a USCIS designated country
  • Must have been physically present in US on a specific date
  • Must register or re-register in a timely fashion for TPS
34
Q

Does TPS have a built in pathway to LPR status?

A

No

35
Q

Deferred Action for Childhood Arrivals (DACA)

A

A nonimmigrant status that provides temporary protections from removal and authorized certain individuals to work who were brought to US as children. Is not a lawful immigration status.

36
Q

When was DACA initiated and by whom?

A

June 15, 2012 by President Obama

37
Q

Who qualifies for DACA?

A

Young ppl who:

  • came to US before age of 16
  • were under age of 31 as of June 15, 2012
  • were attending school here or obtained a GER
  • were physically present in US on June 15, 2012
  • have been continuously residing in US since June 15, 2007
38
Q

Does DACA have its own pathway to LPR status?

A

No

39
Q

How has the July 16, 2021 ruling by a district court in Texas that DACA is unlawful affect DACA recipients?

A

This order and the courts Permanent injunction block DHS from approving initial DACA requests. USCIS adjudicates renewal requests for those who are eligible.

40
Q

What are 3 less common categories of nonimmigrant categories?

A
  1. Deferred Action
  2. Humanitarian Parole
  3. Parole in Place
41
Q

Deferred Action

A

One of the 3 less common nonimmigrant categories. Authorizes certain noncitizens without legal status to remain in the US and qualify for employment authorization. Example: DACA

42
Q

Humanitarian Parole

A

One of the 3 less common nonimmigrant categories. Granted to individuals who are abroad and want to enter US for humanitarian or significant public benefit reasons. Example: need for medical treatment unavailable in home countries.

43
Q

Parole in Place

A

One of the 3 less common nonimmigrant categories. Allows undocumented family members of those who are in the US Armed Forces the right to raise in the US and qualify for certain benefits like eligibility for employment authorization and, for some, an easier pathway to applying for LPR status.

44
Q

Undocumented

A

One of the 4 main categories of nonimmigrants, with the least rights. Noncitizens are undocumented for 2 main reasons: (1) entered lawfully as nonimmigrant and overstayed or violated terms of status, or (2) entered US at a place other than a port of entry without being inspected by an immigration officer. Someone who enters without inspection is undocumented as soon as they enter. This referred to as Entry Without Inspection (EWI).

45
Q

EWI

A

Entry Without Inspection - when a noncitizens enters the US not at a port of entry and without inspection by an immigration officer.

46
Q

The Immigration and Nationality Act (INA)

A
  • The main body of immigration law
  • Creates the framework for immigration law and sets out: (1) which noncitizens may enter the US and by what status; (2) pathways to permanent residence; (3) eligibility for naturalization; (4) eligibility for automatic citizenship; (5) which noncitizens may be refused entry; and (6) which noncitizens may be removed from the US.
  • Aka “the Act” or “the statute”
47
Q

Regulations

A

Rules that flesh out the framework of the INA and provide more detail than the statute and provide: (1) specific definitions of terms; (2) filing procedures and fees; (3) eligibility for specific benefits; and (4) other defining terms in the INA. Written by federal agencies.

48
Q

How does USCIS handle gaps in immigration regulations?

A

Policy guidance in the form of policy memoranda. Many are consolidated and n the multi-volume USCIS Policy Manual. They provide guidance to practitioners seeking to understand how the agency interprets and implements the law. Are available on USCIS website.

49
Q

Foreign Affairs Manual

A

Internal guidance issued by DOS to consular offices. Volume 9 deals with immigration matters. Esp helpful for practitioners working with noncitizens applying for benefits at a U.S. consulate overseas.

50
Q

Case Law

A

Sets precedents that other courts and federal agencies must follow re: disagreements between government and those affected by immigration laws.

51
Q

2 types of courts involved in decision-making about how immigration laws should be interpreted

A
  1. Administrative courts (i.e., the immigration court system, which is part of the DOJ)
  2. Federal judicial courts (district courts, circuit courts, and US Supreme Court)
52
Q

Executive Orders

A

Directives from the President to federal agencies to perform a particular task or manage operations of the federal government. They have same force as law. Recorded in Federal Register.

Congressional approval not required but Congress may pass legislation to override.

Supreme Court also can determine an order in violation of a law.

Example: DACA

53
Q

Federal Register

A

A daily journal published to inform public of federal regulations and actions

54
Q

The 5 federal agencies that carry out immigration law

A
  1. Department of Homeland Security
  2. Department of Justice
  3. Department of State
  4. Department of Labor
  5. Department of Health & Human Services
55
Q

The 3 DHS sub-agencies

A
  1. US Citizenship and Immigration Services (USCIS)
  2. Immigration and Customs Enforcement (ICE)
  3. US Customs and Border Protection (CPD)
56
Q

The Department of Homeland Security

A
  • Adjudicates immigration benefits
  • Enforces immigration laws inside US
  • Enforces immigration laws at borders
57
Q

United States Citizenship and Immigration Services

A

A DOS sub-agency that adjudicates applications for immigration benefits within the US. Make decisions on immigration benefits like: adjustment of status to LPR, naturalization, waivers of inadmissibility, asylum, TPS, applications to change/extend nonimmigrant status, deferred action, and employment authorization.

58
Q

National Benefits Center

A

Where officers adjudicate petitions and applications

59
Q

Asylum Offices

A
  • 10 in the US

- Where USCIS officers interview applicants for asylum

60
Q

NTA

A

Notice to Appear - filled with immigration court to begin removal proceedings. Can be issued by USCIS when denying certain applications for benefits.

61
Q

ICE

A

US Immigration and Customs Enforcement - enforces immigration laws in US. Agents responsible for finding removable noncitizens and instituting removal proceedings against them. Responsible for detaining noncitizens subject to immigration detention.

62
Q

CBP

A

US Customs and Border Protection - enforces immigration laws at border & ports of entry (land borders, seaports, and airports). Inspect noncitizens and decide whether to admit them.

63
Q

Department of Justice (DOJ)

A

Houses administrative courts that decide whether a person is subject to removal and, if so, adjudicate and request for relief from removal.

64
Q

EOIR

A

Executive Office for Immigration Review - a sub-agency of the DOJ. Has 2 sub-parts: (1) the immigration courts, which are the trial level courts for immigration cases, and (2) the Board of Immigration Appeals (BIA), which decides appeals of many immigration judge decisions.

65
Q

Immigration Courts

A
  • Housed in EOIR in DOJ
  • The trial level courts for immigration cases
  • 60+ courts that hear testimony, consider evidence, and make decisions for cases for individual noncitizens charged with being removable from the US
  • Appeals to these decisions are decided by the BIA
66
Q

BIA

A
  • Board of Immigration Appeals
  • Housed in EOIR of DOJ
  • Handles appeals to decisions made my immigration judges in immigration courts
67
Q

Department of State

A
  • Consular offices of the DOS interview visa applicants and adjudicate these applications when noncitizens apply for immigration benefits at US consulates overseas
  • Plays a central role in family- and employment-based immigration processes by maintaining waiting lists (shown in the Visa Bulletin) that determine which noncitizens are eligible to apply for permanent residence at a given time, reviewing immigrant visa apps at the National Visa Center (NVC), and forwarding them to consulates abroad
68
Q

National Visa Center

A

Where the DOS reviews immigrant visa applications and forwards them to consulates abroad

69
Q

The Visa Bulletin

A

Where the DOS shows/maintains family- and employment-based waiting lists

70
Q

Department of Labor (DOL)

A

Plays important role in employment-based immigration cases. It’s Employment and Training Administration issues Labor certifications and decisions about the unavailability of US workers in many employment-based apps for LPR status and certain nonimmigrant employment visas.

71
Q

Department of Health and Human Services (DHH)

A

Provides benefits and services to certain new populations, including refugees, asylees, victims of trafficking, and unaccompanied children. It’s Office of Refugee Resettlement (ORR) offers temporary cash and medical assistance, English classes, and employment services to help newly arrived refugees attain self-sufficiency.

72
Q

ORR

A

The Office of Refugee Resettlement housed in DHH. Offers temporary cash and medical assistance, English classes, and employment services to help newly arrived refugees attain self-sufficiency. Responsible for the care and custody of unaccompanied noncitizen children apprehended by DHS officials, usually upon entering or trying to enter the US.

73
Q

Employment and Training Administration

A

Housed in DOL. Issues labor certifications and decision s about the unavailability of US workers in many employment-based applications for LPR status and certain nonimmigrant employment visas.

Comprehensive Overview Of Immigration Law (1 decks)

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