Term
| US History of Immigration-1776-1875? |
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Definition
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Term
| US History of Immigration-1790 |
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Definition
| Any white person with 2 years residence can be a citizen |
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Term
| US History of Immigration-Dred Scott Decision |
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Definition
| Blacks could not be citizens |
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Term
| US History of Immigration-Civil War |
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Definition
| Brought forth the 14th Amendment which explicitly gave equal rights to US citizenship. |
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Term
| US History of Immigration-Henderson Case (1875) |
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Definition
| In the wake of the Immigration Act of 1875, the U.S. Supreme Court reversed previous decisions giving states “police power” over newly arriving immigrants, arguing that it infringed federal power to regulate commerce. |
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Term
| US History of Immigration-Chinese Exclusion Act (1882) |
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Definition
| Federal law proscribed entry of an ethnic working group on the premise that it endangered the good order of certain localities. |
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Term
| US History of Immigration-Immigration and Nationality Act (INA)(1952) |
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Definition
| The Act abolished racial restrictions found in United States immigration and naturalization statutes going back to the Naturalization Act of 1790, which had limited naturalization to immigrants who were "free white persons" of "good moral character." The 1952 Act retained a quota system for nationalities and regions. Eventually, the Act established a preference system which determined which ethnic groups were desirable immigrants and placed great importance on labor qualifications. |
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Term
| US History of Immigration-Immigration Reform and Control Act (IRCA) (1986) |
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Definition
a. Amnesty
b. Employment Verification (I-9 Form)
c. Marriage Fraud-> <2 yrs= Condtional Green Card |
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Term
| US History of Immigration-1996 Reform |
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Definition
a. Eliminated > Relief
b. Automatic Bars 3/10 |
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Term
| US History of Immigration-9/11 (2001) |
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Definition
| INS is gone become DHS. ICE and USCIS. |
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Term
| US History of Immigration-Sources of Immigration Law |
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Definition
1. Constitution-US and State
2. Statutes (Laws)-U.S.C.
3. Regulations C.F.R.
4. Common Law |
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Term
| United State Citizenship-Ways to Acquire Citizenship |
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Definition
1. Birth in US (“ Jus Soli”)
2. Acquired at Birth (Outside USA) (“just sanguinis”)
• Both parents USC ->yes
• Use mother -> Yes
• Use father -> Deployed
3. Naturalization (N-400)
A. LPR 5 yrs.
B. “Married to USC”=3 yrs
a. 18 yrs old
b. Continuous Residence
c. Physical Presence (2.5 yrs)
d. Good Moral Character
e. English
f. Civics |
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Term
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Definition
| If an immigrant is in the U.S. illegally for more than 180 days, but less than one year, and then departs the U. S. voluntarily, the immigrant is barred from being re-admitted or re-entering the United States for three years. |
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Term
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Definition
| If an immigrant is in the U.S. illegally for more than 180 days, but less than one year, and then departs the U. S. voluntarily, the immigrant is barred from being re-admitted or re-entering the United States for three years. |
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Term
| United States v. Wong Kim Ark-Facts |
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Definition
| The Chinese Exclusion Acts denied citizenship to Chinese immigrants. Moreover, by treaty no Chinese subject in the United States could become a naturalized citizen. Wong Kim Ark was born in San Francisco. At age 21, he returned to China to visit his parents who had previously resided in the United States for 20 years. When he returned to the United States, Wong was denied entry on the ground that he was not a citizen. |
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Term
| United States v. Wong Kim Ark-Issue |
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Definition
| Could the government deny citizenship to persons born in the United States in violation of the Fourteenth Amendment? |
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Term
| United States v. Wong Kim Ark-Conclusion |
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Definition
| No. The government could not deny citizenship to anyone born in the United States. To reach this conclusion, Justice Gray's tedious majority opinion managed to traverse much of western civilization. |
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Term
| 14th Amendment-Born or naturalized in US = what? |
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Definition
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Term
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Definition
• Easy system
• If eliminate sytem->”undocumented”
• “Anchor babies” takes a long time to document citizenship for parents. At least 21 years old then a 10 year process. |
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Term
| Lawful Permanent Residence-“green card” “LPR” “immigrant” |
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Definition
1. Family Based:
a. Immediate Relatives (Sponsor USC)
I. Spouse II. Parent III. Unmarried minor child
2. Preference System
a. USC->umarried adult children
b. LPR->spoused minor children
c. LRP->unmarried adult children’USC->married adult children
d. USC->brothers and sisters |
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Term
| Employment-Based Immigration |
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Definition
1-“priority workers”
2-“professionals with advanced degrees”
3-skilled workers->Labor Certification-No available qualified US workers. |
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Term
| H-1B – Visa Category for Specialty Occupations (& Fashion Model) |
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Definition
Sponsor = Employer
6 years duration (often done in 3 year segments)
Very common in IT (Computer) sector/industry
Employer must file LCA (Labor Condition Application) in order to sponsor
Purpose of LCA = Protect employer and worker
Must pay “prevailing wage” in LCA and must post prevailing wage
Must post notice of terms of employment (e.g. salary, post on bulletin board @ workplace) |
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Term
| Problems that can occur with H-1B - Visa |
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Definition
“No Benching”
Benching = employer makes employee wait for a new contract when they have finished the preceding project; must pay employee while “benched” otherwise ILLEGAL.
“No Retaliation”
“Record Keeping”
Employer must keep records of time sheets, etc. If employer says they “lost” the records, that is also ILLEGAL
Cannot charge worker costs for obtaining the H-1B visa. Example Deduction on paycheck under “miscellaneous” --ILLEGAL
$65,000 Cap for Visa Allocation |
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Term
| I-9 Form (est. 1986) – Eligible for USC, LPR, NIV |
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Definition
Employment Verification
Cannot only hire U.S Citizens
But must be eligible to work
Employer cannot dictate what documents to use
Part A – filled in by employee
Part B – document – Choose? A or B + C
Column a – passport, green card (1 document)
Column b + c – drivers license, employment eligibility card (2 documents)
Employer is responsible for documentation, check documents for forgery
Once documents are certified you must sign for approval
- Allowed to make copies, not required, but if u decide to make one copy, must copy all documents (not just one!!)
- 3 days after employment to fill out 1-9 form |
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Term
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Definition
| Most recent effort to complete forms electronically |
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Term
| Padilla v. Kentucky-Facts |
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Definition
Jose Padilla was indicted by a Kentucky grand jury on counts of trafficking in marijuana, possession of marijuana, possession of drug paraphernalia, and operating a tractor/trailer without a weight and distance tax number. On advice from his lawyer, he entered a guilty plea with respect to the three drug charges in exchange for dismissal on the final charge. He subsequently filed for post-conviction relief arguing that he was misadvised about the potential for deportation as a consequence of his guilty plea. The Kentucky Court of Appeals reversed Mr. Padilla's conviction and remanded the case for an evidentiary hearing.
On appeal to the Kentucky Supreme Court, the court, relying on its decision in Commonwealth v. Fuartado, reversed the court of appeals. It held that collateral consequences of advice by counsel is outside the scope of the guarantee of the Sixth Amendment's right to counsel. It reasoned that counsel's advice on the consequences of a plea with respect to immigration is not required and therefore cannot constitute ineffectiveness. |
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Term
| Padilla v. Kentucky-Issues |
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Definition
1) Is the mandatory deportation that results from a guilty plea to trafficking in marijuana a "collateral consequence" that relieves counsel of an affirmative duty to advise his client per the guarantees of the Sixth Amendment?
2) Assuming deportation is a "collateral consequence", can counsel's gross misadvice about deportation constitute a ground for setting aside a guilty plea that is induced by that advice? |
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Term
| Padilla v. Kentucky-Conclusion |
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Definition
| No. Not answered. The Supreme Court held that counsel must inform a client whether his plea carries a risk of deportation. With Justice John Paul Stevens writing for the majority, the Court reasoned that counsel's advice with respect to deportation is not categorically removed from the scope of the Sixth Amendment. Here, Mr. Padilla's Sixth Amendment right to counsel was violated because counsel could have easily determined that a guilty plea would make Mr. Padilla eligible for deportation. The Court did not address whether Mr. Padilla was prejudiced by his counsel's deficiency and entitled to relief. The Court then remanded the case to the Supreme Court of Kentucky for proceedings consistent with the opinion. |
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Term
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Definition
| A B-1 travel visa is a temporary visitor visa that allows the holder to visit the U.S. for up to six months. This visa can be used for business-related purposes: work functions, settling an estate, attending a convention or seminar, negotiating a contract or meeting with colleagues. The United States Citizenship and Immigration Services (USCIS) regulates issuing B-1 visas. |
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Term
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Definition
| B-2 Visa is granted to a foreign citizen seeking to enter the US for tourism purposes. B-2 Tourist Visas are "visitor visas" and are required for citizens of countries that are not included in the Visa Waiver Program. However, even citizens of countries included in the Visa Waiver Program are required to obtain a B-2 Visa if they plan to stay in the United States for longer than 90 days, change status to another nonimmigrant Visa, or adjust status to permanent resident after entering the country. |
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Term
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Definition
An F1 Visa is issued to international student wishing to pursue academic studies and/or language training program at a United States college or university. An applicant for a US student Visa must come to the United States to pursue an academic program in an institution recognized by the United States government. The foreign citizen must be a full time student, and can stay in the United States for as long as he/she is enrolled in school. The F-1 student Visa is normally issued at a U.S. Embassy or Consulate in the student’s home country.
Foreign students may enter the United States multiple times if they hold a valid F1 Student Visa. While on an F1 Visa a student may work on campus, apply for Curricular Practical Training (CPT) to gain work experience in their field of study, and take advantage of Optional Practical Training (OPT). Many students obtaining a bachelor or master's degree in the United States go on to be sponsored by their employer for an H1B Work Visa. |
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