Reading...
Play button
Play button
Use LEFT and RIGHT arrow keys to navigate between flashcards;
Use UP and DOWN arrow keys to flip the card;
H to show hint;
A reads text to speech;
17 Cards in this Set
- Front
- Back
|
Agencies Under Homeland Security
|
1. USCIS
US Citizenship and Immigration Services-is the government agency that oversees lawful immigration to the United States. This is where documentation is filed. |
|
|
Agencies Under Homeland Security
|
2. Bureau of Customs and Border Protection(CBP)-200 mile radius along any US border or legal port of entry.
|
|
|
Agencies Under Homeland Security
|
3. ICE:
a. Immigration and Customs Enforcement-in charge of enforcement of immigration in US i. Conduct raids-need reason to search ii. Long investigations iii. Arrest people for harboring illegal aliens and/or undocumented workers |
|
|
Immigration Court System
|
-Separate Courts for Immigration.
-Judges are Employees of the Dept of Justice not the Judicial Branch. |
|
|
Immigration Court System
|
Immigrations Court --> If you lose you go to --> Board of Immigration Appeals (BIA)-->If you lose at the BIA you go to -->the US Court of Appeals (Skipping District Court)
|
|
|
Immigration and Nationality Act
|
1. Written in 1954
2. Codified different strata of immigration law 3. Reformed/changed every 2 yrs |
|
|
Immigration and Nationality Act
|
a. Reform in 1964 (Legal Immigration):
i. Prior to 1964-race based immigration system ii. Pre-classified number based on where you were from iii. Overwhelming bulk of immigration came from northern and western europe iv. Post 1964-act of unintended consequences 1. Changed racial make up of US 2. Now, large bulk of immigration from Asia v. Other Reforms: 1. Eight CFR (Code of Federal Regulation)-codifies all aspects of immigration law into regulatory format a. Incorporated INA into code of federal registry serving as primer for immigration law 2. Board of Immigration Appeals |
|
|
US citizen is...
|
i. Born in US
ii. Born to US citizen overseas iii. Once in US you are here legally after 5 yrs you can apply for naturalization and do everything naturally born US citizen can do except be the president. Two major things: you can Vote and can't get kicked out. |
|
|
Immigration Fed v State
|
All Immigration law is Federal law. The Federal government has the only one with the authority to control immigration.
|
|
|
Immigration Fed v State
|
Gray Area: In the nexus in employment law and Immigration.
-see i9: for verification of employment eligibility in United State. Drivers Licenses: Court let states determine legal status for DL. |
|
|
Immigration
|
When entering in to the US you come in as a Non-immigrant(limited amount of time) and immigrant(path to citizenship)
|
|
|
Immigration
|
Immigrant
Non-immigrant Refugees Asylum Temporary Protective Status |
|
|
Immigration
|
Immigrant
1. Family based (Relative, spouse, adopt child) 2. Employment based 3. Diversity Lottery 4. Randomly apply (long wait) 5. Investment - Enter legally and adjust your status from non-immigrant to green cardholder. a. Green cardholder-permanent resident of US with intention to stay in US. Can’t leave for more than 180 days at a time. Permanent domicile. (Can ask for permission if you need to go for more for 180 days) |
|
|
Immigration
|
Non-immigrant visas
iv. Non-immigrant-in visa category for a limited period of time. Go to US consulate to be approved and seek a visa. 1. Visitor Visas 2. Work-related visas a. Professional categories b. Intercompany transfer visas c. Professional athletes, artists, musicians, models d. Religious workers (Ministers and preacher or administrative) 3. Student visas- for a defined period of degree. 4. Only 90 days at a time unless you get an extension. |
|
|
Immigration
|
v. Refugees:
1. File documentation abroad 2. People in distress 3. Exception: people from Cuba- wet foot dry foot, we just have to touch US soil and we're in (because we're awesome... I'm just saying) |
|
|
Immigration
|
Asylum:
1. Provide evidence of torture or persecution 2. Case by case basis |
|
|
Immigration
|
Temporary Protective Status: For like extreme natural disaster or major distress. For a temporary time.
|
