Immigration Law

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  1. Mrs Smith is coming over as part of a global company transfer within her company what is her classification?
  2. After a K-1 gets married what classification do they become?
    CF-1 then IF-1
  3. Chuck is applying for admission. He was charged a misdemeanor "Harboring an illegal immigrant six years after becoming a LAPR, 20 years ago. Is he admissible?
    Yes, the misdemeanor occurred more then 5 years after becoming a LAPR
  4. Ray get caught with 2 tons of pot and says he was selling the pot in order to pay for his heroin habit. Is a deportable for as a Narcotics Addict or a Controlled Substance Violation?
    Controlled Substance Violation
  5. An immigrant from Pakistan was admitted legally and you come across him at a check point and find out he is gathering cash for a terrorist group, is he deportable?
    Yes, terrorist
  6. What is an I-862?
    Notice to Appear (NTA) or Notification that action has been taken to commence proceedings to determine inadmissibility/deportability
  7. Juan has been a LAPR for 20 years, at a check point he admits that during his younger days when he had been a LAPR for 7 years he used to smuggle aliens across the border to supplement his income, is he deportable?
    No he had been a LAPR for more then 5 years
  8. A United States Citizen marries a French man, in France, and petitions for him to come to the US. When he got to the US they had been married for 10 months and they have now been in the US for 6 months, what is his status?
    CR-1 (married less then 2 years and only in the US for 6 months therefore still conditional)

    or K-3?
  9. Jorge commits and is convicted of burglary when he is 16 years old. He serves 3 years in prison. He is now 30 years old is he admissible?
    Yes he is admissible because more then 5 years have passed since his release and it is only one CIMT
  10. Victor is a LAPR and murders his best friend at a bar fight and does 3 years in jail. His brother, the mayor, gives him a pardon. He is deportable?
    Yes he is an aggravated felon and only the President, Governor of the State the crime is committed, or recognized board can give pardons.
  11. Pedro is 45 years old unmarried and coming to CA to love with his LAPR mothers, what is his status?
    F2-4 unmarried son/daughter of a LAPR and over 21 years old
  12. What are the 4 steps to checking documents?

    • Genuine
    • Impostor
    • Altered
    • Question
  13. How do you check to see if a Dry Embossed Seal or Wet Ink Seal Alignment have been tampered with?
    Side or oblique lighting
  14. What should you use in order to build rapport during a field interview?
    soft language
  15. What are the authorities which grant citizenship?
    Civil Rights Act of 1866 and the 14th Amendment
  16. Jus Soli
    Law of place born in the US therefore you are a US Citizen
  17. Jus Sanguinis
    Law of Blood your parent(s) is/are US citizen therefore child derives citizenship
  18. What does chart 1 deal with?
    legitimate child born outside the US to at least one USC parent
  19. What does chart 2 deal with?
    Illegitimate child born outside the US with at least one USC parent

    • part 1 = mother
    • part 2 = father
  20. What does chart 3 deal with?
    Children born to at least one naturalized parent

    must have at least one naturalized parent and child must be a LAPR
  21. How many days is the Visa Waiver Program good for?
    90 days (WT/WB)
  22. what are the 3 types of fraud documents?
    • 1) Altered Genuine
    • 2) Completely Counterfeit
    • 3) Genuine Documents obtained Fradulently
  23. What do you call fraudulent documents use to obtain passports and other documents fraudulently?
    Breeder Documents
  24. What are the 6 general requirements for Naturalization?
    • 1 be a LAPR, 2 meet residence requirements
    • 3 Demonstrate the ability to read, write, and speak English, 4 be knowledgeable of US History, Policies, and form of Gov't, 5 Be of good moral character, 6 Exhibit a positive attitude towards the US
  25. What are the classes of people who do not exhibit good moral character?
    • aggravated felons
    • smugglers
    • prostitutes
    • habitual drunkards
    • convicted illegal gamblers
  26. The N-550 released a new version Oct 1, 2004 what security feature did NOT change on this new version?
    Background design and fine line border pattern
  27. Juan comes to US for 3 months to be a truck driver, what is his NIV classification?
  28. Jon and Amanda were married in 1965 and had a child in Denmark. Jon died and Amanda moved to the US and eventually naturalized. Which chart of charts would be used to determine the child's citizenship?
    Chart 3 only
  29. Jeff is coming to the US to become a priest, what is his NIV classification?
  30. Cezar is coming to the US to work on a corn farm for the upcoming season, what is his NIV classification?
  31. A-1, A-2 & A-3
    • A-1 Gov't official and diplomats
    • A-2 Other foreign Gov't officials and official courier
    • A-3 Personal employees of foreign Gov't officials and temporary couriers
  32. B-1 & B-2

    B-1 temporary visitor for business (good for 1 year)

    B-2 temporary visitor for pleasure (good for 6 months)

    WT/WB only needs a valid passport and I-94 (good for 90 days)
  33. F-1, F-2, F-3
    • F-1 Student completing a full course of study
    • F-2 Alien spouse and minor children of F-1
    • F-3 Border commuter student 

    • F-1 & F-2 are good for duration of status plus 60 days
    • F-3 is good for each semester on the I-20
  34. J-1 & J-2
    • J-1 exchange visitor
    • J-2 Exchange visitor spouse or minor children

    good for duration of status plus 30 days
  35. M-1, M-2, & M-3
    • M-1 Vocational or nonacademic student
    • M-2 Spouse or minor children of M-1
    • M-3 Vocational or nonacademic border commuter student

    • M-1 & M-2 are good for duration of status plus 30 days
    • M-3 good for duration of status
  36. H-1B
    • Speciality Occupations
    • good for D/S plus 10 days before and after
  37. H-1C
    • Registered Nurse
    • Up to 3 years
  38. H-2A
    • Seasonal Agricultural worker
    • initially 1 year up to 3 years with extensions plus 1 week before and 10 days after
  39. H-2B
    • Nonagricultural temporary worker
    • D/S not to exceed 1 year
  40. H-3
    • Temporary Trainee
    • up to 2 years
    • special education for 18 months
  41. H-4
    • Spouse or child of any H classification
    • good for same amount of time as principal
  42. C-1, C-2, & C-3
    • C-1 Alien in transit - 29 days
    • C-2 Alien in transit to United Nations Headquarters - D/S
    • C-3 Foreign Government Official in transit - 29 days
  43. K-1, K-2, K-3, & K-4
    • K-1 Fiancé of USC - 90 days
    • K-2 Minor childen of Fiancé - 90 days
    • K-3 Temporary status for spouses of USC - 2 yr
    • K-4 child of K-3 spouse (step child of USC) 2 years or until they turn 21
  44. What are the 6 exceptions to a conviction or admission of a Crime Involving Moral Turpitude?
    • Purely Political Offense
    • Offense Committed Before 15th birthday
    • Offense(s) committed by and alien 15, 16, 17
    • Only one CIMT committed by 15, 16, 17
    • Only one CIMT Committed by an 18 yr old
    • Full Unconditional Pardon
  45. What makes an Aliens 15-17 yrs old inadmissible for criminal related charges?
    They committed an act of felony violence and was tried and convicted as an Adult or a drug trafficking offense otherwise they are 

    If they committed only one CIMT there is an exception
  46. If a child commits one CIMT during the ages of 15-17 what are the circumstances which make them admissible?
    • 1) If the alien was not sentenced to confinement
    • 2) The crime was committed more then 5 years before applying for visa
    • 3) Or if they were sentenced to confinement: 5 years have passed since release
  47. What is the exception rule to an adult (18+) for one CIMT committed?
    • 1) Maximum penalty did not exceed 1 year
    • 2) Sentence imposed was less then 6 months

    *it only matters what the court sentence was not the time the alien served
  48. Can an alien be pardoned for a controlled substance violation?
  49. Who can grant a full and unconditional pardon?
    The President of the US or the Governor of the state having jurisdiction over the offense
  50. Can an alien be admitted if they have committed or admitted to a controlled substance violation?
  51. Can an alien be admitted if they have been convicted of two or more offenses (not CIMT's)?
    Yes, unless the combined sentences reached 5 years or more. It does not matter what time served is it matters sentence imposed.
  52. If an alien exercises their diplomatic immunity and leaves the US but then tries to reenter, are they admissible?
  53. Agents have the authority to serve a Notec to Appear (NTA) relating to Removal Proceedings. What actions must take place?
    Serve the NTA orally in the person's native language, serve it in person, and serve it by mail if personal service is not practical
  54. What is the order of the main components of a field interview?
    • 1) Initial Contact
    • 2) Eliciting Info
    • 3) Building Rapport
    • 4) Summarizing
    • 5) Concluding
  55. When LAPR's are returning to the US they are not seeking admission unless:
    • 1) They have abandoned their LAPR status
    • 2) They have been out of US for more then 180 days
    • 3) Has engaged in illegal activity after departing US
    • 4) Departed US while in removal proceedings
    • 5) Committed criminal offense in INA 212
    • 6) Is attempting to enter the US at other then a POE
Card Set:
Immigration Law
2013-04-09 00:49:18
Immigration Law

Immigration Law
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