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Immigration Law
Final Exam
113
Law
Professional
04/17/2009

Additional Law Flashcards

 


 

Cards

Term
Acquired Citizenship
Definition
Citizenship conferred at birth on children born abroad to a US citizen parents.
Term
Adjustment of Status
Definition

The process of obtaining LAWFUL PERMANENT RESIDENT STATUS in the US without having to leave the US to do so.  DIFFERENT FROM "CHANGE OF STATUS"

The adjustment of status option is unavailbale to many person who entered the US without INSPECTION, or who violated status while in the US

Term
Admission
Definition
The process of allowing someone to physically and legally be permitted to be in the US. Admission is part of the inspection process. Once a person is admitted, a number of legal rights and protections attach. 
Term
Affidavit of Support
Definition
Affidavit by a US citizen or LAWFUL PERMANENT RESIDENT who resides in the US and who will provide financial support to an alien who is seeking to enter the US or adjust status.  I-864 & I-134
Term
A-File
Definition
The basic file created for many aliens, containing the alien's Alien Registration Number
Term
Aggravated Felon
Definition
Any one of a number of crimes specifically defined in INA section 101(a)(43) that may make a person deportable.  Aggravated felon status creates numerous substantive and procedural disabilities with respect to Asylum, inadmissibility, removal, judicial review, etc.  An aggravated felon is ineleigible for most forms of immigration relief from removal, and following completion of his or her criminal sentence, will likely be placed in an expeditous process for removal
Term
Alien
Definition
Any oerson not a citizen or NATIONAL OF THE US.  This includes immigrants and nonimmigrants
Term
Aliens Previously Removed
Definition
A ground of inadmissibility for persons previously removed, lastling for anywhere from 5 to 20 years, depending on prior circumstances
Term
Application for admission
Definition
Refers to the aplication for admission into the US and not to the application for the issuance of an immigrant or nonimmigrant visa
Term
Application Support Center
Definition
An office that fingerprints applicants for certain immigration benefits, such as NATURALIZATION OR ADJUSTMENT OF STATUS. The ASC may also collect other data, such as a signature and digital photo, particularly in conjunction with electronically filed applications
Term
Asylum
Definition

A discretionary benefit accorded to certain persons inside the US who are able to demonstrate that they are unable or unwilling to return to their country on account of persecution or a well founded fear of persecution based on race, religion, nationality, membership in a particular social group, or political opinion.  One year after the receipt of asylum status, the asylee may apply for lawful permanent residence

NEEDS TO BE AT LEAST 1 CENTRAL REASON FOR THEIR PERSECUTION

Term
Attorney General
Definition
A reference that may in fact mean Secretary of Homeland Security due to the Homeland security act of 2002
Term
Backlog Reduction Center
Definition

An office established by the Department of Labor to process and eliminate the backlog of Labor Certification applications.

PHILADEPHIA AND DETROIT

Term
Beneficiaries
Definition
Aliens on whose behalf a US citizen, L
Term

BTS

BORDER AND TRANSPORTATION SECURITY

Definition
One of the five major divisions, or directorates of DHS, this direcotrate assumes the enforcement functions of the former INS, including border patrol and Investigations. 
Term

BCC

Border Crossing Card

Definition
An identity card issued to an alien who is lawfully admitted for permanent residence, or to alien who is a resident in Mexico or Canada, by a consular officer or an immigration officer for the purpose of crossing the border from Canada to Mexico. LASER CARD BC ITS LAMINATED. Valid for 10 years. The card is both a BCC and B1/B2 visitor's visa
Term

BOP

BURDEN OF PROOF

Definition
INA section 291 provides that a person who applies for a visa or any other document required for entry, or applies for admission, or otherwise attempts to enter the US has the burden of proof to establish that he or she is eligible to receive such visa or such document
Term

BCIS

BUREAU OF CITIZENSHIP AND IMMIGRATION SERVICES

Definition
Term

BCBP

BUREAU OF CUSTOMS AND BORDER PROTECTION

Definition
Term

BICE

BUREAU OF IMMIGRATION AND CUSTOMS ENFORCEMENT

Definition
Term
Cancellation of Removal
Definition
A discretionary remedy for LAWFUL PERMANENT RESIDENT who has been a permanent resident for at least 5 years andhas resided continusouly in the US for at least seven years after having been admitted in any status and has not been convicted of an aggravated felony OR anyone PHYSICALLY PRESENT IN THE US FOR 10 YEARS who can establish that removal would result in exceptional and extremely unusual hardship to the applicant's US citizen spuse, child or parent
Term
Certificate of Citizenship
Definition
An identity document proving US citizenship.  Certificates of citizenship are issued to derivative citizens and to persons who acquired US citizenship.
Term

CLN

CERTIFICATE OF LOSS OF NATIONALITY

Definition
 A formal document prepared by a US consular officer pursuant to INA section 358 and approved by the Department of State for the purpose of recording and certifying a person's loss of US citizenship
Term
Child
Definition

an unmarried person under 21 who is legitimate child; a stepchild; a child legitimated under the law of the child's residence or domicile or under the law of the father's residence or domicile; an illigitimate child; a child adpoted while under the age of 16 or a child who is an orphan

OR

an unmarried person under 21 who was legitimated or adopted before 16

Term
Civil Surgeon
Definition
A medically trained, licensed, and experienced doctor practicing in the US who is certified by USCIS. These medical profesionals receive US immigration-focused training in order to provide examinations as required by the CDC and USCIS
Term
CONDITIONAL (PERMANENT) RESIDENT
Definition
A status conferred on an alien SPOUSE OR CHILD at the time of obtaining LAWFUL PERMANENT RESIDENT status such having been obtained 1. on the basis of marriage to a US citizen or permanent resident spouse entered into less than 2 years prior to obtaining such status or 2. as an immigrant investor in which case it applies to the investor and the members of his or her family
Term
CONSULAR AGENT
Definition
A person employed abroad by the Department of State for the purpose of performing certain limited consular functions in an area where there is a need for consular assistance but there is no US consular post. EX. agents in Valencia, Spain
Term
Consular Processing
Definition
The process of applying for IMMIGRANT VISA at a US consular post outside the US for prospective IMMIGRANTS who are not in the US or who are ineligible to ADJUST STATUS IN THE US
Term
CONSULAR REPORT OF BIRTH
Definition
A formal document issued at a US consular post certifying the acquisition of US citizenship at birth of a person born abroad. Under US law it is full proof of US citizenship
Term
Conviction
Definition
A formal judgment of guilt entered by a court or a disposition in which despite the withholding of any adjudication of guilt a judge or jury has found an alien guilty and the judge has ordered some form of punishment
Term

CMT

CRIME OF MORAL TURPITUDE

Definition
A particularly deparved offense that rises to the level of serving as a ground for inadmissibility or removal. Criminal act done contrary to justice, honesty, principle or good morals; an act of baseness, vileness, or depravity in the private and social duties which a man owes his fellow man
Term

CBP

CUSTOMS AND BORDER PROTECTION

Definition
The bureau of DHS focusing on movement of people and goods across borders and ports of entry.  Composed of the former INS Inspection and Border Transporation Security  and Immigartion and customs enforcement and transportation security administration
Term

(DHS)

Department of Homeland Security

Definition
The agency into which INS was folded. 
Term
Deportable Alien
Definition
An alien in admitted to the US subject to any grounds of removal specified in the Immigration and Nationality Act.  This includes any alien illegally in the US regardless of whether the alien entered the country by fraud or misrepresentation or entered legally but subsequently violated the terms of his or her nonimmigrant classification or status
Term
Derivative Citizenship
Definition
Citizenship conveyed to children through the naturalization of parents or under certain circumstances, to foreign born children adopted by US citizen parents provided certain conditions are met
Term
Diversity Lottery
Definition
established by the immigration act of 1990.  makes available up to 55,000 immigrant visas per federal fiscal year to persons from low admission states and low admission regions
Term
DOMESTIC VIOLENCE
Definition
grounds for removal
Term
Dual nationality
Definition
The simultaneous possession of two citizenships.  It results form the fact that there is no uniform rule of international law relating to acquisition of nationality.  can occur by birth in one country to citizens of another country. not favored in the US
Term
EMPLOYER SANCTIONS
Definition
Civil and criminal penalties imposed on employers and individuals who subsequent to november 6, 1986 hire or refer for a fee aliens who are not authorized to work in the US
Term
Employer verification
Definition
A procedure established by the Immigration Reform and Control Act of 1986 requiring employers to verify identity and eligibility to work by completion of Form I-9 for all individuals hired or referred for a fee after Nov. 6
Term

EAD

EMPLOYMENT AUTHORIZATION DOCUMENT

Definition
A USCIS document, FORM 1-688B, evidencing the right of certain aliens to accept employment while in the US
Term
EXCHANGE VISITOR
Definition
An alien coming temporarily to the US as a participant in a program approved by the Secretary of State for the purpose of teaching instructions or lecturing, studying, oberserving, conducting research, consulting, demonstrating special skills
Term

EOIR

EXECUTIVE OFFICE FOR IMMIGRATION REVIEW

Definition
A branch of the Department of justice that includes the board of immigration appeals, office of the chief immigration judge and the office of the chief administrative hearing offices
Term
Expatriation
Definition
The loss of US citizenship by the vouluntary performance of an acted in INA section 349 (a)(1)-(7) with the intention of relinquishing US citizenship
Term
Expidited Removal
Definition
A procedure, established by the Illegal Immigration Reform and Immigrant Responsibilty Act, that authorizes USCIS to quickly remove certain inadmissible ALIENS from the US
Term
FIANCEE' OF US CITIZEN
Definition
A nonimmigrant alien coming to the US to conclude a valid marriage with a US citizen within 90 days after entry
Term
Foreign Medical Graduate
Definition
An alien who has graudated from a medical school or has qulified to practice medicine in a foreign state, excluding those aliens who are of national or international renown in medicine
Term
FOREIGN STATE
Definition
Includes outlying possessions of foreign state, but self governing dominions or territories under mandate or trusteeship are regarded as separate foreign states
Term
FRIVOLOUS BEHAVIOR
Definition
Actions by a practitioner that he or she knows or reaosnably should know lack an arguable basis in law or fact or are taken for an improper purpose such as to harass or to cause unnecessary delay
Term
GREEN CARD
Definition

An expression that refers to the document carried by a lawful permanent resident which provides proof of his or her status

I-551

Term
H-1B DEPENDENT EMPLOYERS
Definition
Certain petitioners filing H-1B petitions pursuant to INA, who have significant  number or percentage as specified in the statute of H-1B beneficiary employees, and are accordingly subject to additional requirements
Term
IMMEDIATE RELATIVES
Definition
Certain immigrants who because of their close relationship to US citizens are exempt from the numerical limitations imposed on immigration to the US.  spouses of citizens, children under 21 and parents of citizens 21 years of age or older
Term
IMMIGRANT
Definition
A LAWFUL permanent resident of the US, generally presumed to be immigrants until they establish that they are entitled to nonimmigrant status
Term
IMMIGRANT VISA
Definition
A document required by the INA and properly issued by a consular office at his office outside of the US to an eligible immigrant.  It is valid for 6 months and the intending immigrant must apply for admission during this period
Term

(ICE)

IMMIGRATION AND CUSTOMS ENFORCEMENT

Definition
The bureau of DHS that focuses on enforcement within the interior of the nation.  Composed of functions of the Customs Service, Federal Protection Service and the investigative and enforcement functions
Term

(IJ)

IMMIGRATION JUDGE

Definition
Sometimes referred to in the INA and CFR as Special Inquiry Officer, the person responsible for presiding over removal hearings
Term
INADMISSIBILITY
Definition
Any one of the numerous grounds listed in INA that make a person ineligible for lawful admission into the US
Term
Ineligible to Citizenship
Definition
A person who is or was at any time permanently debarred from becoming a citizen of the US, notwithstanding the provisions of any treaty relating to military service
Term
INFOPASS
Definition
The internet based system that allows the public to make an appointment online with US CITIZENSHIP AND IMMIGRATION SERVICE in their local area
Term
INSPASS (INS PASSGENGER ACCELRATED SERVICE SYSTEM)
Definition
An automated system utilizing liosks at ports of entry desgined to reduce immigration inspection processing time for authorized travelers
Term
INSPECTION
Definition
The process that all persons must go through when they arrive at the border. A person is questioned and asked to present proof of his or her right to enter the country.  At the end of the process of inspection a person is either admitted, removed, or paroled into the country
Term
INTRACOUNTRY TRANSFEREE
Definition
An alien employed for at least one continous year of the last three by an international firm or corporation who seeks to enter the United States temporarily in order to continue to work for the same employer or subsidiary or affiliate ina capacity that is primarily manegerial, executive, or invloves specialized knowledge and the alien's spouse and minor unmarried children
Term
INVESTORS
Definition
a nonimmigrant status avaibale under specified conditions to nationals of countires with which the US has appropriate treaties of friendship, commerce, and navigation or bilateral investment treaties.  An immigrant status available onan employment-creation basis for persons who invest at least $1 million and create at least 10 jobs.
Term
Labor Certification
Definition
Certification by the department of labor that there exists an insufficient number of US workers who are able, willing, qulified and available at the place of proposed employment and that employment of the alien for whom certification is sought wll not adversely affect the wages and working conditions of US workers similarly employed
Term

(LCA)

LABOR CONDITION APPLICAITON

Definition
DOL Form ETA-9035, approval of which must be submitted with an H-!B petition.  This can also be  filed electronically with form ETA-9035E. Attestation by an employer seeking to hire an H-1B nonimmigrant to four conditions of employment: 1. employer is paying an acceptable salary, 2. employment willnot adversely affect the working conditions of similarly employed workers. 3. that there is not a strike, lock out, or work stoppage in the occupation, 4. that the hiring has been approved
Term

(LPR)

LAWFUL PERMANENT RESIDENT

Definition
A person accorded the benfit of being able to reside in the US ona permanent basis. Such person may engage inemployment but may not vote in US elections.  LPR status is gained by a person who is admitted to the US with an immigrant visa or has had his or her status adjusted to permanent residence after having first been admitted as anonimmigrant.  Lawful permanent residence also may be obtained after a person has been granted ASYLUM or was admitted to the US REFUGEE. also a person who has been in the US for more than 10 years and is able to establish the requisite degree of hardship may be granted permanent residency
Term
LEGACY INS
Definition
a reference to the immigration and naturalization service that acknowledges its status as the predecessor to the department of homeland security
Term
LEGALIZAITON
Definition
EST. IN 1986, permitted the grant of temporary residence status to certain aliens who were later entitled to apply for permanent residence
Term
NATIONAL
Definition
A person  owing permanent allegiance to a state
Term
NATIONAL OF THE US
Definition
A US citizen or a person sho though not a US citizzen owes permanent allegiance to the US at this time its only residents of American Samoa and Swains Island
Term
NATURALIZATION
Definition
The conferring of nationality of a state upon a person after birth
Term
NONIMMIGRANT
Definition
A person who can establish that her or she has a residence abroad that he or she has no intention of abondoning who is coming to the US for a temporary period and who fits into specfically defined categories
Term
NONIMMIGRANT VISA
Definition

A document signifying that a consular officer believes that the alien to whom the visa was issued is eligible to apply for ADMISSION in a particular nonimmigrant category.

maybe vaild for a few as 30 days to 10 years

FROM I-94, the authorized oeriod of stay, which is indicated on a small white I-94, arrival departure record stapled into the passport. it is always the I-94 that determines a nonimmigrant alien's status

Term
NOTICE TO APPEAR (NTA)
Definition
A document issued by DHS to commence removal proceedings. 
Term
O NET
Definition
A job classification system that has replaced the Dictionary of Occupational Titles
Term
PANEL PHYSICIAN
Definition
A medically trained, liscensed and experienced doctor practicing oversees who is appointed by the local US embassy or consulate.  The profesisonal received US immigration focused training to provide examinations required by the CDC
Term
PAROLE
Definition
Permission granted by DHS allowing a person to physically enter the US yet still be considered to have not legally entered the country. it is a legal fiction-treated as if he was still at the border's edge seeking permission to enter
Term
PASSPORT
Definition
any travel document issued by a competent authority showing the bearers origin, identity, and nationality in any, which is valid for admission of the bearer into a foreign country
Term
PERMANENT
Definition
A relationship of continuing or lasting nature as distinguised from temporary but a relationship may be permanent even thoguh it is one that may be dissolved eventually at the instance either of the US of the individual
Term
PERM
Definition
A new system, uses automated computer systems to scan attestation forms filed by employers regarding their compliance with all regulatory requirements
Term
Physical Presence
Definition
Presence ina particual country for at least some part of a day, for naturalization as a US citizen or claims of derivative citizenship
Term
PREFERENCE CATEGORIES
Definition
Of those immigeant VISAS that are subject to numerical limitations, the classification into which the intending  IMMIGRANT fall, based on the relationship of the intending sponsor or nature of anticipated employment
Term
PREINSPECTION
Definition
Complete immigration insepction of airport passengers before departuure form a foreign county. No further immigration insepction id requires upon arrival in the US other than submission of Form I-94 for nonimmigrant aliens
Term
PRESENCE WITHOUT ADMISSION OR PAROLE
Definition
One who is phyically present in the US not having previously been admitted or paroled or who arrives in the US at a time and place other than designated by the government.  This person is inadmissible to the US unless he or seh qulifies for immigrant status as a battered person
Term
PRINICPAL ALIEN
Definition
The alien who applies for immigrant status and from whom another alien may derive laful statuse under immigration law or regualtion (usually spouses and minor children)
Term
PRIORITY DATE
Definition
The date on which a person submitted documentation establishing prima facie elegibility for an immigrant visa
Term
RE-ENTRY PERMIT
Definition
A travel document issued to a permanent resident proceeding abroad temporirly.  A person must be physically present in the US to file the application but may depart during the adjudication period
Term
REFUGEE
Definition
a person outside of the US who is unable or unwilling to return to his or her country becuase of persecution or well founded fear of persecution on account of race, religion, nationality, membership in a particular social group, or political opinion. A refugee after one year may apply for permanent resident status
Term
REMOVAL
Definition
A proceeding to enforce departure of inadmissible person seeking admission but are removable
Term
RENUNCIATION
Definition
A formal repudiation of US citizenship.  It can only be accomplished outside the US by taking a prescribed oath before a diplomatic or consular officer of the US
Term
RECISSION
Definition
Cancellation of prior Adjustment of stauts of lawful permanent resident status
Term
Residence
Definition
The place of genral abode, meaning a person;s principal, actual dwelling place in fact, without regard to intent
Term
RETENTION REQUIREMENT
Definition
THe conditions imposed upon persons born abroad to one US citizen parent and one noncitizen parent between 1954 and 1952.  The law under which these persons acquired citizenship required that they come to the US bw ages 14 and 28 and to stay for 2 continuous years.  falirure to comply resulted in cessation of US citizenship
Term
RETURNING RESIDENT
Definition
Any lawful permanent resident who has been outside the US and is returning tot he US.  If outside the US for more that 180 days person must apply for readmission
Term
SERIOUS CRIMINAL OFFENSE
Definition
Any felony crime of violence as defined in 18 USC section 16 or any crime of reckless driving or of driving while intoxicated...
Term
SERVICE CENTERS
Definition
five offices established to handle the filing, data entry, and adjudication of certain applications for immigrant services and benefits.  The applications are mailed to USCIS service centers; service centers are not staffed to recieve walk-in applications or questions
Term
SEVIS (STUDENT AND EXCHANGE VISITOR INFORMATION SYSTEM)
Definition
An internet based software application to track and monitor onoimmigrant students and exchange visitors and their dependents
Term
SPECIAL IMMIGRANT
Definition
Term
SPOUSE
Definition
A spouse, but not including someone who was married by proxy, unless the marriage shall have been consumated
Term
STATELESS
Definition
The condition of having no country to which one owes allegiance.  It can occur when a US citizen who does not have a claim to another nationality renounces US citizenship. It can cause difficulty for the individual in many areas, not the least of which is the unavailability of a travel document
Term
SUSPENSION OF DEPORTATION
Definition
A remedy in deportation proceedings for certain persons who have been in the US for either seven years or 10 years and who met other criteria set forth in former INA.  IT IS NOW CALLED CANCELLATION OF REMOVAL
Term

TPS

TEMPORARY PROTECTED STATUS

Definition
A status allowing residence and employment authorization to nationals of foreign states for a period of not less than 6 months or no more than 18 months, when such states have been appropriately designated by the government becuase of extraordinary and temporary political or physical conditions in such states.
Term
TRANSMISSION REQUIREMENTS
Definition
The amount of time required by law that a US citizen must spend in the IS in order to be able to transmit US citizenship to a child born abroad of one citizen and one alien parent.  In every case, the transmission time must accur prior to the birth of the child
Term

USCIS

US CITIZENSHIP AND IMMIGRATION SERVICES

Definition
 The division of the Department of Homeland Security responsible for the benefits side of the former INS.
Term
UNLAWFUL PRESENCE
Definition
 Presence in the US after the expiration of the authorized period of stay, or presence in the US without having been admitted or paroled.  Period of stay is usually noted on Form I-94
Term
US VISIT
Definition
A program designed by the Department of homeland secuirty to collect and share information on foreign nationals traveling to the US.  This system allows the US government to record the entry and exist of non US citizens and verify the identity of travelers coming in and out of the US
Term
VISA
Definition
An official endorsement, obtained from a US consul (abroad), certifying that the bearer has been examined and is permitted to proceed for purposes of seeking ADMISSION to the US at a designated port of entry. there are both immigrant and nonimmigrant visas
Term

VWP

VIAS WAIVER PROGRAM

Definition
A program under which nationals of countries with which the US has certain agreemnts can enter the US for up to 90 days as visitors for business or pleasure without first obtaining a visa from a US embassy or consulate
Term
VOLUNTARY DEPARTURE
Definition
 A procedure granting permission for a removable alien to leave the US voluntarily.  THere is a limit of 120 days for pre hearing voluntary departure or 60 days for post hearing voluntary departure
Term
WAIVERS
Definition
Certain grounds of inadmissibility as well as the two year home country Physical presence requirement for an exchange visitor can be waived under vertain circumstances.  These waivers remove an impediment to obtaining a visa or status.  Also USCIS can grant a waiver of Labor Certification and job offer to professionals with advanced degrees and aliens of exceptional ability if in the national interest
Term
WITHDRAWAL OF REMOVAL
Definition
A remedy available to persons able to establish that their lives or freedom would be threatened if deported to their home country on account of race, religion, nationality, membership in a particular social group or political opinions.  Withholding of removal does not confer on a persons  right to stay in the US as they may be removed to any country willing to accept them
Term
WORK PERMIT
Definition
There is no single document in the US immigration law that is a work permit.  Certain nonimmigrant vias categories include, as an incident of their status, employment authorization in the United States either with or without limitation to a particular employer or after application approval from the USCIS ofr authorization to be employed.
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