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88 Cards in this Set
- Front
- Back
What are sources of the law in the United States |
US Constitution, statutes, and CFR |
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Defined the official journal of the federal government of the United States that contains government agency rules, proposed rules, and public notices |
The federal register |
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A compilation and qualification of final rules Published in the federal Register, organized by topic or subject matter And updated annually |
Code of federal regulations |
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The Judicial branch interprets the law when disputes arising from the definition of terms in the statute and regulations the courts publish case law or ______ that interpret the terms more clearly |
Precedent |
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Case law can be binding or |
Merely persuasive |
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How many district courts are there |
94 |
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USCIS policy is directed and compiled in _______ |
USCIS policy manual |
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Immigration and nationality act of 1952 is also known as |
McCarren Walter act |
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Decisions made by USCIS officers may be appealed by either ____or_____ |
Administrative appeals office or the board of immigration appeals |
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The appellate body within the USCIS office is |
Administrative appeals office |
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Any documentary material regardless of physical form or characteristics, may receive by an agency, which contains information concerning the conduct of federal business is called _______ |
Record |
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Describes a set of individual facts, identifies a specific type of information, or collectively describes and identifies the series of events |
Data |
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Describes the appearance in format of Information |
Record |
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A series of records maintained on an individual that documents the individuals immigration history, includes their interaction with USCIS CBP and immigrations and customs enforcement |
A file |
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The steps of a records life cycle are |
Creation, maintenance and use, retention and disposition |
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The action of filing of an application and or petition for a benefit, initially housed in a receipt file to document the receipt of fees is called |
Creation |
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The movement and care of the file through the review and adjudication process during which it is insured to be current complete and accurate |
Maintenance and use |
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The point in the records life cycle where a record is either retired or destroyed |
Retention and disposition |
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A temporary file created when the A file is not readily available |
T file |
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A file created when the A file is deemed lost or destroyed |
S file |
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A file implemented for a specific short-term purpose, such as for an investigation |
W file |
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file created when an applicant or petitioner files an application or petition with USCIS |
Receipt file |
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The first two numerical digits of a receipt number refer to______ The next three usually referred to ________ |
Fiscal year, Day of the fiscal year in which the case was filed |
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An online electronic account and case management system that stores information submitted or integrated into the system for the processing of specific applications petitions or requests |
ELIS 2 |
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Serves as a DHS – wide index of key information for A files,And contains information on individuals who interact with DHS |
CIS2 |
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Expedited requests for files Should receive a response within: |
4 hours |
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Official record of any hearing, examination, or perceiving in which any immigration action is taken by DHS, and contains a comprehensive record of all the information considered when making a decision |
Record of proceeding (ROP) |
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The process of joining the contents of two or more files with different numbers, but relating to the same individual |
Consolidation |
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The process of adding the contents of one or more files with the same suffix into one |
Combination |
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The process of adding the contents of one or more files with the same suffix into one |
Combination |
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the process of separating one file and its contents due to an incorrect consolidation |
Deconsolidation and interfiling |
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The disclosing of information to another agency Without needing permission Due to both agencies belonging to the same department |
Third agency rule |
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The government must respond to FOIA requests within __ days |
20 |
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The immigrant petition for alien worker is called |
I140 |
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Date used to determine the availability of an immigrant visa for the beneficiary of an approved immigrant petition based upon country of nationality and preference classification Requested |
Priority date |
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When petitioning for employment based immigration, alien must Also turn in labor certification form —— |
9089 |
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Certain employment-based immigrants are required to have affidavits of support form |
I864 |
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When The petitioning employer is a relative of the alien or a US citizen or legal permanent resident of the alien who owns a significant ownership interest in the company, what is required? |
Form I864 |
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Aliens with extraordinary ability or what classification of employment-based immigrants, (Which does not require a labor certification)? |
E11 |
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What is the Employment-based classification for outstanding professors and researchers, That does not require a labor certification? |
E12 |
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What is the Employment based classification for certain multinational executives and managers that does not require labor certification? |
E13 |
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Derivative spouses and children of first preference employment-based immigrants |
E14, E15 |
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Aliens of Exceptional ability, or who are members of professions holding advanced degrees can be classified as |
E21 |
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Certain aliens who are exempt from the requirement of a job offer, are well-positioned to advance in an endeavor, have an advanced degree or exceptional ability in the sciences arts or business, and showed that the proposed endeavor has substantial merit may receive a ________. May also include physicians who agree to work full-time as a physician in a certain area or areas |
National interest waiver |
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An alien who is capable of performing skilled labor requiring at least two years training or experience, not of a temporary or seasonal nature, for which qualified workers are not available in the United States can be Classified as |
E31 Skilled workers |
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A qualified alien who holds at least the US bachelors degree or a for an equivalent degree and he was a member of the professions can qualify as |
E32 proffessiols |
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A qualified alien who is capable at the time of petitioning of performing unskilled labor for which qualified workers are not available in the United States can be classified as |
EW3 Unskilled workers |
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Employment of religious workers and other immigrants specialize in the religious field can qualify as |
EB4 |
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Investors who have invested or are actively in the process of investing the required amount of capital into a for-profit new commercial enterprise can qualify as |
EB5 Employment creation immigrants |
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Aliens who have invested at least $1 million in a new commercial enterprise can be classified as |
C51 Employment creation, conditional |
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Aliens who have invested at least $500,000 in a targeted employment area can be classified as |
T51 |
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Child of Hague convention country adopted abroad by Usc |
IH3 |
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If the beneficiary is inside of the United States and qualifies for adjustment of status, an application for adjustment of status is filed with form______ |
With USCIS form I 485 |
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Immediate relatives comprise a category not subject to numerical limits. This means that a visa number is always immediately available for eligible relatives who include the following people ______,____,_____,______. |
Spouse of a Usc, Child of a USC, parent of a USC, widow or widower of a USC |
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Family preference categories include the following people, in what categories? _______ _______ _______ _______ _______ |
Unmarried son/daughter of a Usc (F1) Spouse/child of a LPR (F2A) Unmarried son/daughter of an LPR (F2B) Marrried son/daughter of the USC (F3) Brother/sister of a Usc (F4) |
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Adding a number five to a Family-based Immigrant classification code Indicates: |
Aos filed in US |
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The form I 130 is a form that describes |
Petition For an alien relative |
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Evidence of US citizenship can be established with: |
US birth certificate Certificate of naturalization, or certificate of citizenship Consular report of birth abroad (CRBA) (fs240) US passport |
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A certificate of naturalization is issued on form |
N550 |
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A consular report of birth abroad (CRBA) can be documented with a form______ |
FS240 |
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The family-based classification for the spouse of a US citizen is: |
IR1/6 |
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In order to establish a spousal relationship, the petitioner and beneficiary must be in a |
Bona fide Relationship |
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In order to qualify for the IR1/iR6 Classification, the Usc and spouse Must have been married for at least-___ As of the date the alien spouses admission for permanent residence. |
2 years |
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A child defined by USCIS is |
An unmarried person under 21 years of age Was born in wedlock or Is a step child, provided the child had not reached the age of 18 at the time the marriage creating the status of step child occurred Beneficiary Was married before the child reaches the age of 18, If born out of wedlock and has a bona fide parent child relationships, if adopted, was under the age of 16 |
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An adopted child must have resided with the adopting parent or parents for at least |
2 years |
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Family-based immigration classification for a child of a USC |
IR2 |
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An alien spouse who has been married to the Usc petitioner for less than two years on the date the alien spouse is admitted for permanent residence, is classified as a _______ |
CR1/CR6 Conditional |
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The time frame on a conditional residence application is a period of |
90 days Preceding the two year expiration date of conditional residence |
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The petition to remove conditions on residents must be jointly filed by the conditional permanent resident and petitioning spouse, and is filled out on form _____ |
I751 |
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On family-based petitions,A child of a conditional spouse is classified as |
CR2/7 |
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Form for self petitioning is called |
Form I360 |
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The immigration classification for a widow or widower of a Uscs would be |
IW1/6 |
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The child of a widow or widower of a US citizen in family-based immigration would Designated as |
IW2/7 |
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The principle of a K-1 Is required to file two forms. Form____ and _____. Consular processing For a fiancé relationship is permitted, true or false? |
Form I485, application to register permanent residence or adjust status after entering the United States, and I-129F petition for alien fiancé False
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When Usc Marries an alien who lives outside of the United States, And the form I-129F is approved while the form I-130 is still pending, DOS may issue a ___ visa to the spouse and ___ visa to each child of alien spouse |
K3 and k4 |
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An orphan must be under the age of _____ at the time of visa petition is filed |
16 |
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When prospective adoptive parents have not yet been matched with a child USCIS requires form ______if the Usc adoptive parent establishes that they meet the eligibility requirements to adopt a child |
Form I600A |
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The only Relatives that an LPR can petition for the family-based immigration are |
Spouse, child, unmarried son/daughter |
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A case where an applicant or a petitioner has met the initial burden of proof is called |
Prima facie case |
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What a fact sought to be proved is more probable than not the standard of proof is based on __________ |
Preponderance of the evidence |
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When the legal validity of a marriage is determined exclusively by the law of the jurisdiction where The marriage is celebrated |
Place of celebration rule |
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At the inception of a marriage, with a couple honestly intends to make a permanent life together, it is called a |
Good faith attempt |
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If an LPR petitioner obtains LPR status, through marriage, the second preference spousal petition cannot be approved for __ years Unless the LPR can demonstrate by clear and convincing evidence that the prior marriage was not entered into the purpose of Evading immigration laws or the prior marriage was terminated by death of the spouse |
5 years |
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The act which bars petitioners convicted of a specified offense against a minor from filing family-based petitions unless they are determined to pose no risk to the beneficiary |
Title IV of the AWA |
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A border crossing card Must include a __________ The non-immigrant visitor with a B1/B1 visa/bcc must be a citizen of _________And seeks to enter the US as a temporary visitor for business or pleasure for periods of stay not Exceeding _______. If admitted At a land or sea port of entry as a visitor for business or pleasure Cannot exceed more than ____ and is allowed to travel within __ miles of the border |
Passport Mexico, Six months 30 days 25 |
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Under what act do all citizens of the US Canada Mexico or the Caribbean bring are required to present a passport |
Western hemisphere travel initiative WHTI Under the intelligence reform and terrorism prevention act of 2004 IRTPA |
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All aliens arriving in the United States are deemed to be applicants for admission except for |
LPRs |
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Commuter students are ____ and ____ class (Describe institution) |
F academic and M vocational |