Basic Immigration Law

Question One 

These visas are known as meant for a close family relationship with US citizens, and they are referred as Immediate Relative (IR) (Spring, 2016). For the people below, some of the IR visas they qualify include:

  Marta is married to a U.S. citizen 

1R-1: Spouse of a United States Citizen

Estelle is the 36-year-old unmarried daughter of a permanent resident .

IR-2: Unmarried Child who is above 21 Years of Age of a US Citizen

Enrique is married to a permanent resident .

1R-1: Spouse of a United States Citizen

Abdul is the brother of a U.S. citizen .

Family Fourth Preference (F4):

Nicole is the mother of a U.S. citizen daughter who is 20 years old. 

IR-5: Parent of a U.S. Citizen who is at least 21 years old

Li is married. His father is a U.S. citizen. 

Family Third Preference (F3)

Francis is 25 years old and unmarried. His father is a U.S. citizen. 

Family Third Preference (F3)

Question Two 

Yes. She can bring the daughter as a derivative because she is below 21 years of age. When the NVC starts, applicants are allowed to state the number of children they have and add them in their applications or petitions (Works, & Highlighting, 2016). However, Maribel birth certificate should be attached.

Question Four 

In the United States, visa petition is conducted through Form I-130, Petition for Alien Relative. However, to qualify for I-130, you have to prove the permanent resident or citizenship status of the United States or any person through which the immigrant status will be acquired. Secondly, prove of the qualifying relationship between the alien and petitioners must be clarified (Works, & Highlighting, 2016).

Question Five 

Once alien have qualified for visas, they are issues with their document in the order of priority dates, and the process is applied to every alien regardless of his or her country of birth. However, for the priority date to be established, the petitioner must be of the appropriate age and must prove his qualifying relationship with the petitioner.

Question 6 

The two most common bars to adjustment of status found in INA 245 (a) that can result to disqualification of an admitted and inspected immigrant include, first, committing any status or immigrant visa violation exceeding 180 days (Works, & Highlighting, 2016). However, all violations committed before the previous stay do not count . Second, if the applicant entered in the United States using parole because it does not restart the clock for calculating adjustment status.

Question 7 

Mitch should file an application for an adjustment of status in the united states because the aggregate period did not exceed 180 days when all her total violations are taken together. Some of the two critical issues that Mitch faces based on these violations include violation of nonimmigrant status by marrying and the fact that he was admitted in the United States without a visa or any waiver program.

Question 8 

A conditional resident is an alien who has a permanent resident status but on a condition basis forcing them to petition for the removal of these conditions. on Lina case, I think she should not apply for removal of conditional status because she was not in the united states during the 90 days before her card expired (Works, & Highlighting, 2016).

Question 9 

For a conditional resident to request for waiver of the I-751 joint filing requirement, there are different ways they can go through the process. First, they have to file a petition using Form I-751 where the spouses will be expected to prove that the resident is alive (Spring, 2016). Second, the request for removal of the conditional resident can done by providing birth certificates of children born during a marriage for conditional residents who qualified via marriage, and lastly, providing documents that prove that the marriage for conditional residents who qualified via marriage was not entered for the purpose of qualifying for the United States immigration laws.

Question 9 

Natalia has lived in the U.S. without permission since 1996. In 1999, she went to Mexico for a short vacation and crossed the border back into the U.S. illegally.  

Natalia is deportable for being in the United States illegally and getting from another country to the United States without proper documents. These two violations disqualify her from being readmitted because they can result in public charges.

John, a permanent resident, was convicted of assault with a deadly weapon causing great bodily injury, and sentenced to two years in prison. 

John qualifies for deportation for the crime involving moral turpitude, and he is inadmissible unless he has a well-established life in the United States including business ownership or house ownership.

Marcel immigrated to the U.S. on a second preference visa, as the unmarried son of a permanent resident. In reality, he was secretly married at the time he immigrated .

Cannot be deported because after being admitted in the country using second preference visa he can apply for removal of the condition by petitioning after he attains the required age hence allowing him to be married.

Kwan was deported in 1989. He re-entered the U.S. in 1995 with a visa but didn’t tell the consulate that he had a prior deportation. 

Can be readmitted in the country because his violations did not exceed 180 days hence

Elisa is 15 years old. She was found guilty in juvenile court of possession of cocaine.  She states she last used cocaine 9 months ago. 

Elisa cannot be deported because she was convicted on only one charge of moral turpitude hence she can use post-conviction relief for readmission.

PART II: ADMISSION PROCESS 

Question 10 

The first issue that Consular Officer considers in the interview for a person applying for a visa is how the individual conducted him or herself during the interview. Some of the issues considered here include honesty in answering questions, dressing code eye contact, facial expression and others (Kennedy, 2015). The second issue whether there are legal issues including applicant fraudulent accusations in his or her banking statements or employee reference hence resulting to a decision to deny under 214(b) than to pursue a 212(a)(6)(c) finding.

Question 11 

Bonnez became a permanent resident of United States on February 2012 when he arrived in Houston (Kennedy, 2015).

Question 12 

Karla needs to prove that she is physically residing in the United States where aliens who are outside the country cannot adjust their status. Second, she will be expected to prove that she will not become a public charge where she will rely on the United States government due to imprisonment, and public cash assistance for income maintenance (Deomampo, 2015).

PART III: REMOVAL PROCESS 

Question 13 

Some of the legal requirements for a permanent resident to obtain cancellation of removal under 240A (a) include proving that he or she has been an alien lawfully staying in the united states for five years or more, prove that he or she has not been convicted with any aggregated felony and, he or she needs to prove his stay in the united states continuously for more than 7 years after approval of any admission status (Weissbrodt, & Myers, 2017). Also, he or she needs to prove that removal from the United States will result in extreme hardship.

Question 14 

For cancellation of removal for non-Lawful Permanent resident under INA section 241A (b) is available to permanent residents who have been present in the country for not less than 10 years, for a personal whose records indicate that he or she has been a person of good moral characters, and he or she has not been convicted of any offense (Weissbrodt, & Myers, 2017).

Question 15 

No. Roberto’s cancellation may not be available for Roberto because his deportation was processed in 1997 under INA section 244A (a).

Question 16 

Yes. Max can apply for cancellation of removal under INA section 241A (b) because he has been physically present in the united states for more than 10 years. However, his cancellation may be absent because he does not have any criminal records (Weissbrodt, & Myers, 2017).

Question 17 

For aliens who fail to appear for these proceedings, some of the penalties and bars to relief include the immigration judge will have right to decide in the aliens absentia to be deported, the judge may issue a warrant of arrest and forced deportation.

Question 18 

If the alien has mental issues which may limit activities involved in conducting the hearing proceedings and where the alien provide adequate evidence that he was not served with proper information of the hearing including illegal dates (Hoang, & Reich, 2017).

Question 20 

No. this is because aliens who qualify for a waiver under for 212(c) should not have been convicted of crimes related to firearms and other offenses which may result in a jail sentence.

Question 21 

Joanna is not subject to reinstatement of removal because she was charged with making illegal entry into the United States which disqualified her for 212(c) waiver (Hoang, & Reich, 2017).

PART IV: ASYLUM 

Question 22 

A person should prove fear of future persecution on accounts of religion, nationality, race, and membership in a social group in order to qualify for asylum (Hatton, 2015). However, once proven the decision may not be discretionary.

Question 23 

Restriction of removal is non-discretionary. Some of the prove to qualify for removal include showing a high probability of prosecution, the asylums are not dangerous to the united states citizens and their property, and they did not commit any serious political crime in their countries.

Question 24 

The deadline for individuals to submit an asylum application is one year, and this applies also to asylums that are in the United States illegally (Hatton, 2015).

Question 25 

Some of the exceptions to the time deadline for asylum include when a person prove that he or she suffers a serious medical or psychiatric illness during the last one year of filling period, when a member of family died or has serious injuries and lastly, if the person was disabled or incompetent during the one year since arriving in united states.

Question 26 

Yes. However, there are crimes particular serious crimes will make the person not eligible for asylum including persecution of others, involvement in any terror activities and conviction of serious crimes including drugs, murder, and illegal firearms (Boswell, 2015).

PART V: NATURALIZATION AND CITIZENSHIP 

Question 27 

Some of the basic requirements for naturalization to U.S. citizenship include being at least 18 years when filling Form N-400, the applicant should show that they have lived in united states or USCIS districts three months to applications and has been a permanent resident for 5 years (Gest, & Hiscox, 2014).

Question 28 

Yes. To qualify for US citizenship as a spouse of US citizen, you need to prove that you remained married to the time of application.

Question 29 

Yes. Franz can qualify for United States citizenship because he has been in the United States physically for 30 months and he is a permanent resident who is 18 years and above (Gest, & Hiscox, 2014).

Question 30 

Good moral character is an important factor when it comes to considering applicant eligibility for naturalization in the United States . Therefore, having a criminal record or other aggravated felonies may result to permanent ineligibility.

PART VI: OTHER IMMIGRATION REMEDIES 

Question 31 

No. Amalia was admitted to the United States lawfully, and she has not violated ant her condition. However, she cannot apply for anything because she doesn’t have petitioners who are permanent citizens and she is not is years old yet.

Question 32 

the requirements to apply for a T visa includes being a victim of human trafficking, should be a resident of the Commonwealth of the Northern Mariana Islands or America Samoa or at the entry of the port due to human trafficking and lastly, should demonstrate that he or she will suffer extreme hardship involving severe harm if you are removed from united states (Hagen, & Lamanna, 2015).

Question 33 

Special Agricultural Workers who provided cheap labor in the for perishable commodities acquired the lawful permanent residence through becoming temporary residents and later they were given permanent residence through Immigration Reform and Control Act of 1986 which allowed SAWs who had worked more than 90 days for the three years (Hagen, & Lamanna, 2015).

Question 34 

Camen can qualify for green cared since she has been married in the United States by a permanent resident for more than 10 years but she needs to first apply for unlawful presence waiver.

Question 35 

Yes. Sergio can apply for unlawful presence where he can go back to his home country, attend visa interview and return to the country as a permanent resident.

Question 36 

There is no way she can apply for United States permanent resident when her husband has been living in Turkey.

Question 37 

During adjustment of status interview, applicants can request the presence of representatives including attorneys from the United States , certain reputable people who have good moral characters, accredited representatives from the Board of Immigration Appeals and interpreters (Hagen, & Lamanna, 2015).

Question 38 

Grounds of Inadmissibility 

Immigration and Nationality Act under 212(a); and (2)

Grounds for Deportation 

Section 237(a)(1)(A)of the Immigration and Nationality Act

Marriage Fraud Bar on Subsequent Petitions 

Immigration and Nationality Act, 8 U.S.C. 1154(c) (2012)

Asylum 

United States Refugee Act of 1980 (Public Law 96-212)

References

Boswell, C. (2015). The double life of targets in public policy: disciplining and signaling in US Asylum policy. Public Administration , 93 (2), 490-505.

Deomampo, D. (2015). Defining parents, making citizens: nationality and citizenship in transnational surrogacy. Medical anthropology , 34 (3), 210-225.

Gest, J., Boucher, A., Challen, S., Burgoon, B., Thielemann, E., Beine, M., ... & Hiscox, M. (2014). Measuring and comparing immigration, asylum and naturalization policies across countries: Challenges and solutions. Global Policy , 5 (3), 261-274.

Hagen, L., Uzuner, Ö., Kotfila, C., Harrison, T. M., & Lamanna, D. (2015). Understanding Citizens' Direct Policy Suggestions to the Federal Government: A Natural Language Processing and Topic Modeling Approach. In System Sciences (HICSS), 2015 48th Hawaii International Conference on (pp. 2134-2143). IEEE.

Hatton, T. J. (2015). Asylum Policy in the EU: the case for deeper integration. CESifo Economic Studies , 61 (3-4), 605-637.

Hoang, K., & Reich, S. (2017). Managing crime through migration law in Australia and the United States: a comparative analysis. Comparative Migration Studies , 5 (1), 12.

Kennedy, C. S. (2015). The American Consul: A History of the United States Consular Service 1776–1924 . Washington, DC: New Academia Publishing.

Spring, J. (2016). Deculturalization and the struggle for equality: A brief history of the education of dominated cultures in the United States . Abingdon, United Kingdom: Routledge.

Weissbrodt, D., Danielson, L., & Myers, H. (2017). Immigration law and procedure in a nutshell . West Academic.

Works, M. V., & Highlighting, H. (2016). Celtic ‘son’,‘ daughter,' other descendants, and* sunus in Early Celtic Patrizia de Bernardo Stempel. Issues , 121 .