exam 4

C540 Grounds of Inadmissibility Study Guide

1. Definition of Admission

  • Admission: Lawful entry of an alien into the U.S. after inspection and authorization by an Immigration Officer.

2. Evidence of Lawful Admission

  • I-94 Record: Paper or electronic record of admission.

  • Passport Admission Stamp: Physical stamp indicating lawful admission.

3. Inadmissibility Grounds

  • INA Section: INA 212(a) outlines classes of aliens who are inadmissible to the U.S.

4. Deportation Grounds

  • INA Section: INA 237(a) describes when admitted aliens can be deported.

5. CBP Authority for Entry without Admission

  • Parole (I-512): Allows certain aliens to enter without formal admission.

  • Crew-Members: Conditional landing privileges.

6. Elements Required Under INA 212(a)

  • Must be an alien.

  • Must be seeking admission (application for admission).

7. Situations for Granting Parole

  • Urgent Humanitarian Reasons: Examples include medical emergencies or family crises.

  • Significant Public Benefit: Example includes testimony in a trial.

8. Elements of Parole

  • Temporary: Not a permanent status.

  • Discretionary: Granted at the discretion of the CBP officer.

9. Automatic Parole Termination Situations

  • Alien Leaves the U.S.: Upon departure, the parole is automatically terminated.

  • Expiration of Authorization: Parole expires after the period granted.

10. Status After Parole Termination

  • Alien reverts to previous immigration status held before receiving parole.

11. Applicants for Admission

  • Arriving Aliens: Those coming to the U.S. (excluding returning Lawful Permanent Residents).

  • Interdicted Aliens: Sea-interdicted individuals brought to the U.S.

  • Present in U.S.: Without prior admission.

  • Crew-Members: With conditional privileges.

  • Certain LPRs: Under OALICE criteria.

12. Categories of Lawful Permanent Residents (LPRs)

  • Returning Residents: Not subject to INA 212(a) grounds of inadmissibility.

  • Seeking Admission: Subject to OALICE criteria.

13. Benefits for Returning Residents

  • Not subjected to grounds of inadmissibility outlined in INA 212(a).

14. Circumstances of LPR Seeking Admission

  • Only relevant if they meet OALICE criteria.

15. Circumstances for Inadmissibility under INA 101(13)(C)

  • Outside U.S. for more than 180 days.

  • Abandoned U.S. or relinquished LPR status.

  • Left U.S. during removal proceedings.

  • Illegal activity after departure.

  • Certain criminal offenses.

  • Entered or attempted to enter the U.S. without inspection (EWI).

16. CBP Officer Authority

  • Derived from various laws including the U.S. Constitution, INA, Title 8 of the U.S. Code, Title 22 CFR, and International Laws.

17. Key INA Sections for Immigration Law Enforcement

  • INA 235: Authorizes inspections and expedited removals.

  • INA 287: Authorizes questioning and searches for grounds of inadmissibility.

18. CBP Authority for Warrantless Arrests

  • 19 USC 1589(A): Permits warrantless arrest based on probable cause for federal felonies or misdemeanors witnessed.

19. Adverse Actions by CBP

  • Withdrawal: INA 235(a)(4) - Can return with a new visa.

  • VWP Refusal: INA 217 - Can return if issued a visa.

  • Expedited Removal (ER): INA 235(b)(1) - Barred for at least 5 years.

  • Notice to Appear (NTA): INA 240 - Hearing barred for at least 5 years.

20. Conditions Before Withdrawal Offer by CBP

  • CBP must complete necessary computer checks for past immigration violations.

21. Favorable Factors for Withdrawal

  • Ability to overcome grounds of inadmissibility.

  • Alien's age, health condition.

  • Humanitarian considerations.

22. Unfavorable Factors Against Withdrawal

  • Serious violations uncovered.

  • Previous immigration violations.

  • Intentional violations identified.

23. Definition of Expedited Removal (ER)

  • INA 235(B)(1): Allows certain aliens to be removed without further hearing or review.

24. Aliens Subject to Expedited Removal

  • Fraud or willful misrepresentation during entry at a point of entry.

  • Arrival without proper entry documents.

25. Responsibility of Supervisor for ER Review

  • Must review the ER record before removal.

26. Consequences of ER

  • Barred from re-entry for a minimum of 5 years.

  • Certain grounds could lead to permanent inadmissibility.

27. Notice to Appear (NTA)

  • Form I862: Charging document for referral to Immigration Court for removal hearing.

28. Contents of NTA

  • Charges against the alien.

  • Date and location of removal hearing.

  • Consequences for failing to attend the hearing.

29. Possible Outcomes from Removal Process

  • Removal.

  • Relief from removal.

  • Voluntary departure.

  • Dismissal from proceedings.

30. Aliens Inspected but Not Considered Admitted

  • Crew members with conditional landing privileges.

31. Nonimmigrant Aliens Exempt from Inadmissibility Grounds

  • A1 and A2: Diplomatic officials.

  • G1 to G4: International organization representatives.

  • C2 and C3: Certain nonimmigrant classifications.

32. Military Members Exemption Requirements

  • Must be in uniform and provide documentation.

  • Coming or departing under official military orders.

33. Documentation for American Indians Born in Canada

  • Required: Tribal ID card.

  • Must have at least 50% American Indian blood.

34. Discretionary Waivers Elements

  • Discretionary: Waivers are not guaranteed.

  • Not Automatic: Waivers must be petitioned.

35. Waiver for Vaccination Grounds of Inadmissibility

  • INA 212(G): May be waived if a physician states vaccination isn't medically appropriate.

36. Factors for LPRs Regarding Public Assistance

  • The duration of received benefits and the recency of need for benefits.

37. Public Charge Grounds of Inadmissibility Applicants

  • Refugees, Asylees, and U Visa applicants are project to public charge review.

38. Demonstration Against Becoming a Public Charge

  • Posting a bond.

  • Affidavit of support.

  • Showing sufficient funds.

  • Being offered employment.

39. Exceptions to CIMT (Crimes Involving Moral Turpitude) Grounds

  • Political Offenses: Crimes based on political discrimination.

  • Petty Offenses: Minor crimes, if certain conditions are met.

  • Crimes by Minors: Offenses committed before the age of 18 under specified conditions.

40. Application of Political Offense Exception

  • Applies if the alien was politically prosecuted or discriminated against based on race, religion, or ethnic background.

41. Petty Offense Exception Criteria

  • Only one conviction for CIMT.

  • Maximum possible sentence is 1 year or less.

  • Actual sentence of 6 months or less.

42. Crime by Minor Exception Eligibility

  • Only applies to CIMT committed before the age of 18; 5 years must pass since the alien was released from jail.

43. Exceptions for Terrorist Inadmissibility for Family Members

  • Ignorance of Terrorist Activity: Did not know or could not have reasonably known.

  • Renunciation: Individual renounced terrorist activity.

44. Behaviors Not Considered Miss-Representation

  • Remaining silent.

  • Failing to correct false statements made by others.

45. Exceptions to False Claims to U.S. Citizenship

  • When both parents are U.S. Citizens.

  • Alien lived in the U.S. permanently before age 16.

  • Alien believed they were a U.S. Citizen.

46. Exceptions for Accrual of Unlawful Presence

  • Minors under 18, pending asylum applicants, family unity program beneficiaries, victims of severe forms of trafficking.

47. VWP Application Circumstance for Hearing

  • Only when applying for asylum.

48. Adverse Action Not Applicable to VWP Applicants

  • Expedited Removal (ER) does not apply to VWP.

49. Aliens Exempt from Expedited Removal

  • Returned to the U.S. after being refused admission to another country.

  • Hold asylum or refugee status.

  • Stowaways, certain VWP applications.

50. INA Sections on Inadmissibility and Deportability

  • INA 212: Grounds for possible inadmissibility.

  • INA 237: Grounds for potential deportability.

51. Parole Conditions

  • Granted on humanitarian grounds or significant public benefit.

52. Conditions for Charging Under INA 212

  • Must be an alien and must be seeking admission.

53. Groups of Aliens Seeking Admission

  • Arriving Aliens: Entering at a point of entry.

  • Interdicted Aliens: Brought to the U.S. after interdiction.

  • EWI: Entry without inspection.

54. No Entitlement to a Hearing Under INA 240

  • Crew members, aliens inadmissible on national security grounds, VWP applicants, and certain expedited removal proceedings.

55. Always Get a Hearing Under INA 240

  • If alien claims U.S. citizenship or asylum.

56. Medical Examinations and Notifications

  • Conducted by U.S. Public Health Service or licensed physician with 4 years’ experience.

57. Class A Medical Notification

  • Conclusive evidence of inadmissibility on health-related grounds.

58. Class B Medical Notification

  • Not making the alien inadmissible; can be considered for public charge.

59. Definition of Conviction

  • Formal judgment of guilt by a court.

60. Juvenile Delinquency Offenses

  • Offenses committed before age 15 are not considered convictions.

61. CIMT Explanation

  • Includes typical offenses: theft, murder, arson, fraud, etc.

62. Controlled Substance Violations

  • Pertains to illegal substances classified federally and by home country.

63. Multiple Convictions Condition

  • Requires 2 or more convictions with total sentences exceeding 5 years.

64. Drug Trafficking Condition

  • Requires just the belief of involvement in drug trafficking.

65. Definition of Terrorist Organization

  • Designated under INA 219 based on specific actions.

66. Adverse Foreign Policy Consequence

  • Determination made by the U.S. Secretary of State.

67. Grounds for EWI

  • Initial bar period of 10 years for entrance without proper inspection.

68. Fraud Definition

  • Willful misrepresentation must be proven.

69. Treatment of Immigrants without Documents

  • Considered immigrants until they can prove nonimmigrant status.

70. Immigrant Visa Improperly Charged

  • Must qualify for the correct classification.

71. Bar Periods on Removals

  • Varies based on initial removal and repetitive offenses.

72. Unlawful Presence Condition

  • Impacted by duration of stay beyond permitted time.

Knowledge Check

  1. Eligibility for removal under INA 212 requires being an alien seeking admission.

  2. Parole can be granted for humanitarian reasons and significant public benefits.

  3. Parole is a temporary status, not permanent.

  4. Paroled aliens are not considered admitted.

  5. Crew members and stowaways are not eligible for removal hearings.

  6. Ground of inadmissibility is found in INA 212.

  7. Grounds of deportability are defined in INA 237.

  8. LPRs are considered seeking admission when OALICE applies.

  9. Class A medical examination indicates health-related admissibility.

  10. Performed by the United States Public Health Services or a qualified physician.

  11. Recovered drug addicts are not inadmissible unless currently using drugs.

  12. Overcome public charge grounds by showing financial stability.

  13. Signs of illness in an arriving alien must be referred for medical examination.

  14. Labor certification is provided by the Department of Labor.

  15. An alien with a political conviction is not inadmissible due to political offense.

  16. Multiple convictions do not apply to CIMT if conditions are unmet.

  17. Aliens convicted of simple possession as minors may be admissible.

  18. CIMT examples include theft, murder, and drug trafficking.

  19. All aliens are presumed to be immigrants unless they prove otherwise.

  20. Aliens attempting entry without inspection are inadmissible.

  21. Fraudulent misrepresentation may lead to inadmissibility.

  22. False claims to U.S. citizenship involve seeking benefits based on false identity.

  23. A nonimmigrant possibly intending permanent status may be charged accordingly.