Law 4 Exam

Lawful Admission into U.S.

process

• examination

• inspection

and proof of admission (I-94)

• period of authorized stay

Immigration Documents Requirements for Passport

1. passport must give permission to travel out of and return to the country

2. must be issued by a competent authority

3. can be any document or combination of documents

4. must show: origin/identity/nationality of the person

5. types of U.S. passports: regular, official, diplomatic, or passport card

other requirements

• nonimmigrants: valid 6 months beyond intended stay

• except six month club (valid for intended stay)

Nonimmigrant Visa

1. must state classification and expiration

2. placed in passport or on DS-232

3. Valid when apply for admission

4. Single or Multiple Entries to U.S.

5. must have unexpired visa and valid passport

6. generally issued at U.S. Embassy or Consulate outside the U.S.

WHTI Compliant Documents: prove identity and citizenship

Aliens exempt from Passport and Visa:

1. U.S. armed forces

2. Traveling to U.S. from Guam, Puerto Rico, or U.S. Virgin Islands

3. NATO

4. International Boundary and Water Commission

5. Unforeseen emergency

Visa can be waived for the following aliens:

1. Canadian entering from outside Western Hemisphere

2. Mexican crewman on Mexican aircraft

3. Mexican nationals with Diplomatic or Official passports

4. Visa Waiver Program

Applying for a Nonimmigrant Visa

1. visa application with Dept. of State (DS-160, online, English only)

• passport

• proof of financial ability to support himself/herself in U.S.

• meet visa-specific requirements

• include photo

• alien must sign the form under oath

• pay money

• print confirmation page

2. schedule interview with US Embassy or Consulate

• consular interview-only applicant present

• bring passport, appointment confirmation page, DS-160 confirmation page

• check documents, take photo and fingerprints

• answer questions about admissibility

• answer questions about purpose of travel

• all aliens are presumed to be immigrants until proven otherwise

• alien has to prove he or she is a nonimmigrant

3. outcomes

• visa denied gets no review by a judge

• visa granted only allows the alien to apply for admission at the POE

4. admission at poe

• apply for admission (alien proves admissibility)

• extensions of stay

• dual intent doctrine

B-1 Nonimmigrant Visa Classification

visitor for business, passport, nonimmigrant visa, salary/business abroad, 1 year with 6 month extension

B-2 Nonimmigrant Visa Classification

visitor for pleasure, passport, nonimmigrant visa, no work school for a degree, 6 months to a 1 year with 6 month extension

B-1/B-2

visitor for business or pleasure

DSP-150

border crossing card (bcc), has to be mexican national living in Mexico, valid for 10 years (or until the age of 15), 25/55/75 miles limit and up to 30 days without I-94, no mile limit and up to 6 months with I-94, revoke if: immigration laws, inadmissible, abandoned residence, using another’s card

for bbc if staying in us up to 30 days and remaining within mileage limit of north of southern border:

• california,western arizona, and texas- 25 miles

• new mexico- 55 miles or I-10 (whichever is further north)

• tucson sector of arizona- 75 miles

Visa Waiver Program

countries: low inadmissibility and overstay rates

• waive challenges to inadmissiblity/removability

process:

• valid passport

• national of visa waiver country

• round trip ticket

• no prior visa waiver program violations

• esta 72+ hours in advance (valid 2 years or when PP expires)

• if admitted→electronic I-94 W

WB

waiver business, passport, same limits as B-1, up to 90 days, no extension

WT

waiver tourist, passport same limits as B-2, 90 days no extension