CBP Exam 4 Research Study Solution.

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 sections are: correct answer - 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 correct answer - - 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? correct answer - - 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? correct answer - - An alien landing as temporary crew - An alien paroled into the U.S. What are the reasons for Parole? correct answer - - Humanitarian - Significant public benefit Why some returning LPRs are treated as aliens seeking admission, others are not? correct answer - 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? correct answer - - Removal proceedings with an immigration Judge, or - Visa waiver program refusal, or - Expedited Removal Removal Proceedings correct answer - - 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: correct answer - - Bears the burden of proof that alien is entitled to admitted. - Has the right to secure counsel at his or her own expense. - Can present and examine evidence. - Can examine witnesses. - Can appeal the IJ's decision to the Board of Immigration appeals (BIA). When a removal order becomes final: correct answer - - The alien is immediately removed. Removal is through the means of transportation that brought the alien to the U.S. - Bar to readmission is generally 5 years. Which Aliens are not entitled to a 240 removal hearing before an IJ? correct answer - - Crew - Aliens inadmissible on national security grounds - Visa Waiver program applicants - Expedited removal proceedings - Stowaways Expedited removal is used at he POE for arriving aliens only. Arriving aliens are those who: correct answer - - Applied for admission at an open port of entry - Were interdicted at sea - Were paroled in to the U.S. after April 1, 1997 The following expedited removals are subject to administrative review: correct answer - - Citizen: alien claiming to be a USC - Asylum: alien is claiming asylum or is an asylee - Refugee: alien admitted as refugee - LPR: Lawful Permanent Resident An alien may be permitted to withdraw the application for admission and depart immediately. Withdrawal of application is: correct answer - - Discretionary - CBP decides - Not an automatic right - Not a formal removal What are the Grounds for Removal under INA & 212(a)? correct answer - - Health-related grounds - Public charge and labor certifications grounds - Criminal grounds - Security-related grounds - Illegal entrants and immigration violators - Documentation requirements and ineligible for citizenship - Unlawful presence - Miscellaneous - Statutory exemptions - Waivers