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52 Cards in this Set
- Front
- Back
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Define immigrant
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noncitizen; cannot establish s/he meets requirements for one of the nonimmigrant class
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Define nonimmigrant
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student, alien who has no intention of staying, etc.
temporary visitors or study/work/business visitors |
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Define LPR
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Lawful permanent resident
5 years and can apply for citizenship |
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Immigrants Exempt from the General Quotas
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Immediate relatives: spouses, parents, children of U.S. citizens
Programs and Ceilings: family-sponsored, employment-based, diversity |
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Family-sponsored preference categories for immigrants
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1: unmarried sons and daughters of U.S. citizens over age 21
2: spouses and unmarried sons and daughters of LPRs 3: married sons and daughters of U.S. citizens 4: brothers and sisters of over-age-21 U.S. citizens **Only U.S. citizens can apply for 1, 3, and 4 categories** |
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IMFA marriages
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Must be married for two years or, at any time before, show that marriage was not entered to gain status
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Employment-based preference categories for immigrants
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1: priority workers (Extraordinary ability, executives, outstanding researchers)
2: members of professions holding advanced degrees (Exceptional ability in sciences, arts, businesses; labor cert required) 3: skilled workers, professionals without advanced degrees (labor cert required) 4: special immigrants (i.e., religious workers and long term employes of U.S. govt) 5: employment creation (entrepreneurs who invest $1 million in enterprises) |
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Labor certification requirement
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not sufficient workers who are able, willing, qualified (or equally qualified
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Business necessity re:employment-based preference categories
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must demonstrate that job duties and requirements bear a reasonable relationship to the occupation in the context of the employer’s business and are essential to perform the job in a reasonable manner
Required for employment-based preferences 1, 2, and 3 |
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Commercial categories for non-immigrant visas
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B-1: temporary visitors for business
H-2: temporary workers (agricultural, nonag, need temporary nature) E-1/E-2: treaty traders/investors H-1B: temporary professional workers (speciality occupations) O: extraordinary ability in sciences, arts, education, business, athletics P: doesn’t require extraordinary ability in above, but must be internationally recognized and meet other sections |
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Educational categories for non-immigrant visas
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F-1: for student
F-2: for spouse, children of F-1 holder J-1: exchange visa |
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Tourist non-immigrant visa
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B-2
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Fiance non-immigrant visa
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K-1: for fiance
K-2: for children accompanying or following to join |
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B-1 visa
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Temporary Visitors for Business
temporarily here for business, business defined as “legitimate activities of a commercial or professional character” 1 year admission, option to petition for extension Cannot be engaged in labor/must have residence in a foreign country with no intention of abandoning residence |
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H-2 visa
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Temporary Workers
Used for labor (agriculture: H-2A, non-ag: H-2B) temporary worker performing “temporary services or labor” if unemployed persons capable of performing such service/labor cannot be found in this country 1 year; can petition extensions up to 3 years Labor certification required |
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E-1/E-2 visas
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Treaty traders/investors
Person must be entitled to enter based on treaty; ordinarily admitted for 2 years; require an intent to depart on termination of E-status |
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H-1B visa
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Speciality Occupations
vehicle for temporary professional workers; speciality occupation = one that requires theoretical and practical application of a body of highly specialized knowledge Bachelors degree OR relevant equivalent education required Admitted up to 6 years Labor certification required |
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O visa
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requires extraordinary ability in sciences, arts, education, business, athletics
Also requires national or international acclaim and recognized by field w/documentation |
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P visa
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doesn’t require extraordinary ability in above, but must be internationally recognized and meet other sections in P-1, P-2, P-3
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F-1/F-2 visas
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F-1 for student: admitted for duration of status; must demonstrate sufficient funds
F-2 for spouses and children of F-1 holders; cannot attend college |
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J-1 visa
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Exchange visa
mutual exchange, liberal employment rules compared to F-1 |
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B-2 visa
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Tourist visa; short term
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K-1/K-2 visas
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K-1 visa for fiance, K-2 visa for children accompanying or following to join
Inquiry = whether parties have a bona fide intent to marry after the alien enters (within 90 days) Requirement that fiances met each other during two year period preceding filing of petition |
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Exclusion grounds
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Document fraud
Surreptitious entry Out of status No-show for hearings Criminal grounds |
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Document fraud exclusion ground
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Noncitizen document fraud, oral and written: inadmissible for life
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Out of status exclusion ground
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Unlawfully present in U.S. for 180 days (3 yrs inadmissible) or for 1 year (10 yrs inadmissible)
Must be continuous unlawful presence, not aggregated presence Time spent under 18 years of age does not count |
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No-show for hearings exclusion ground
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Fail to appear at hearing, inadmissible for 5 years unless reasonable cause is shown
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Political/security exclusion grounds
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Prejudicial to public interest
Espionage Adversely affects U.S. foreign policy |
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Criminal exclusion grounds
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Aggravated felony
Crime of moral turpitude Drugs (over 30 grams for possession) Multiple convictions |
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Aggravated felony exclusion ground
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Inadmissible for life
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Crime of moral turpitude exclusion ground
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Inadmissible for life
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Drugs exclusion ground
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inadmissible, waiver for simple possession under 30 grams
Waiver is discretionary, either must be 15 years or more old OR person is spouse, parent, son, daughter of US citizen or LPR with extreme hardship |
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Multiple convictions exclusion ground
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inadmissible if aggregate sentence actually imposed was 5 years or more
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Public Health and Morals exclusion grounds
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Communicable disease
Mental or physical disorder Drug addict/abuser |
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Communicable disease exclusion ground
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inadmissible
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Mental or physical disorder exclusion ground
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inadmissible
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Drug addict/abuser exclusion ground
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inadmissible if current abuse or addiction; past not relevant
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Terms for keeping people out if:
Admitted = x Not admitted = y |
Admitted = deportable
Not admitted = inadmissible |
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Deportation grounds
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Crime of moral turpitude
Aggravated felony |
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Crime of moral turpitude deportation ground
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Crime of moral turpitude committed within 5 years after date of admission is deportable if crime is one which a sentence of one year or longer may be imposed
Focuses on POSSIBLE sentence, unlike nonimmigrant ground for removal |
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Expungement relevant for deportation?
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Expungement under state rehabilitative statute never erases the conviction for immigration purposes; BIA since recognizes an exception for juvenile delinquency provisions
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Relief from deportability options
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Temporary relief: V, U, T, S, TPS visas or voluntary departure
Long term relief: VAWA Private Bill Adjustment of Status Registry Asylum Cancellation of removal |
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VAWA relief from deportability
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3 years continuous presence, battered/subjected to abuse by LPR/citizen
Must also show good moral character and extreme hardship to herself, or child/parent |
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Cancellation of Removal (LPRs) relief from deportability
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Relief used for offenses Congress deems serious; less serious not eligible
Two timing requirements: 1) not less than 5 years of LPR status 2) "resided in the United States continuously for 7 years after...admitted in any status." Must also meet discretion of grantor |
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Cancellation of Removal (non-LPRs - anyone who qualifies) relief from deportability
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10 years continuous presence in U.S.
Requires continuous physical presence, good moral character, and hardship Must also satisfy discretion of grantor |
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Define refugee admissibility
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Any refugee who is not "firmly resettled in any foreign country," is of "special humanitarian concern to the United States," and is "admissible"
Refugee whose status has not been terminated, and who is still admissible (with the help of the exemptions and waivers noted earlier) becomes eligible for LPR status after 1 year. |
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Requirements for refugee adjustment to permanent residence status
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“1) persecution or a 2) well-founded fear of persecution 3) on account of race, religion, nationality, membership in a particular social group, or political opinion” who is “4) unwilling or unable to return”
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Refugee / fear of persecution
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Alien must demonstrate that his primary motivation for requesting refuge in the U.S. is “fear”
Genuine apprehension or awareness of danger in another country “Persecution” contemplates that harm or suffering must be inflicted upon individual in order to punish him for possessing a belief or characteristic a persecutor seeks to overcome |
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Refugee / WELL-FOUNDED fear of persecution
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reasonable possibility of persecution
Not well founded if it is reasonable to expect applicant to relocate internally; if applicant to retreat to another location within the country, ineligible |
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Asylum availability
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Available to noncitizens who face persecution or have well-founded fear of persecution at removal because of race, religion, nationality, membership, political opinion
Can deny if person incited, assisted, participated in persecution OR various other reasons (conviction, security grounds, firmly resettled in third country before arriving in U.S.) Applicant must file for asylum within a year of arriving in the U.S. |
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Temporary Protected Status
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Not refugees, merely displaced people (wouldn’t qualify for asylum or overseas refugee status)
Applicant for either asylum or withholding of removal must prove an individualized danger based on his or her race, religion, nationality, membership in a social group, or political opinion Can grant if ongoing armed conflict, environmental disaster, extraordinary and temporary conditions prevent safe return |
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Define persecution
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Persecution defined as threat to the life or freedom of, or the infliction of suffering or harm upon, those who differ in a way regarded as offensive
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