There are two sections of the INA the Describe classes of aliens that may endanger the safety, security,
or welfare of the U.S. and its citizens, These
... [Show More] sections are: - ✔✔INA & 212(a)
- Describes classes of alien that may be inadmissible.
- Burden of proof is on aliens that they are admissible.
INA & 237(a)
- Describes classes of admitted aliens that may be deportable.
- Burden of proof is on the Department that they are deportable.
The INA & 212(a) is - ✔✔- The principal tool used by CBP officers to keep certain aliens out of the U.S.
- Aliens inadmissible under this section are ineligible to receive visas and ineligible to be admitted to the
U.S.
- Principle elements to charge under & 212(a):
> Person must be an alien
> Alien must be seeking admission
What are the three groups of aliens considered applicants who are seeking admission? - ✔✔- Aliens
arriving in the U.S.
- Aliens interdicted at sea and brought to the U.S.
- Aliens present in the U.S. without having been admitted.
What certain aliens allowed to proceed into the U.S. are not considered "admitted" for immigration
purpose? - ✔✔- An alien landing as temporary crew
- An alien paroled into the U.S.
What are the reasons for Parole? - ✔✔- Humanitarian
- Significant public benefit
Why some returning LPRs are treated as aliens seeking admission, others are not? - ✔✔LPR not subject
to grounds of inadmissibility unless (OALICE):
- Been continuously outside the U.S. for more than 180 days, or
- Abandoned or relinquished their U.S. LPR status, or
- Let the U.S. while under removal proceeding, or
- Engaged in illegal activity after departing the U.S., or
- Committed certain criminal offense(s) those listed in INA & 212(a)(2), or
- Entered, or are attempting to enter, without inspection
What are the INA 212 Removal options? - ✔✔- Removal proceedings with an immigration Judge, or
- Visa waiver program refusal, or
- Expedited Removal
Removal Proceedings - ✔✔- INA & 240 authorizes immigration Judges (IJ) to determine inadmissibility or
deportability of an alien and establishes the rules for such proceedings.
- Form I-862, Notice to Appear, initiates removal proceedings before before an immigration Judge.
- An inadmissible alien is not entitled to the full range of the U.S. constitutional protections but is
entitled to basic due process (fair procedures).
During removal proceeding, an arrival alien who has been charged an admissible: - ✔✔- B [Show Less]