Step 1 - Answers Be designated as a US national (USC or has allegiance) or alien (immigrant,
nonimmigrant, regugees/asylees)
Step 2 - Answers Get permission to apply for admission into US
(1. Get permission to apply for visa 2. Must convince officer 3. Visa does not guarantee
admission)
Step 3 - Answers Arrive in the US
(1. Must arrive at POE 2. Arrival does not guarantee admission)
Step 4 - Answers Complete the examination process (1. Examination to determine aliens
category 2. Must produce passport to establish citizenship)
Step 5 - Answers Complete the inspection process
(Immigrant, Nonimmigrant, refugee/asylum)
Step 6 - Answers Complete the admission process and understand exemptions
Step 7 - Answers Be admitted (212) or denied (237) admission
Refugee - Answers Make the claim in a different part of the world
Asylum - Answers Make the claim at US POE or interior
INA 212* - Answers Non-admitted alien, grounds for inadmissibility (denied entry), subject to
arrest (civil immigration violation, may be paroled in US in lieu of incarceration), subject to
removal, alien has the burden of proof
INA 237 - Answers Admitted alien, grounds of deportability (granted entry), US has to prove that
they are deportable
Immigrant - Answers Seek admission to live or work
Nonimmigrant - Answers Seek admission as temporary visitors who come for purpose and a
limited time
Refugee/Asylee - Answers Seek admission based on claim that if they return to their home they
will face persecution(i.e. sexuality, religion, political)
Statutes - Answers Public law
Basic functions are to regulate behavior (INA 211, 8 USC 1325) or grant behavior (INA 287(a)(1)
& INA 287(a)(2)
, US Code Title 6 - Answers DHS statutes
US Code Title 8 - Answers Immigration statutes (ex. INA 287 found @ 8 USC 1357)
US Code Title 21 - Answers Controlled substance statutes
18 USC 111 - Answers Assault on federal officer
18 USC 192(g) - Answers Alien in possession of firearm
US National - Answers people born in the United States, or in American Samoa or Swains Island,
the outlying possessions of the United States. All U.S. citizens are U.S. nationals, but all U.S.
nationals are not U.S. citizens
Visa Waiver Program - Answers is a program of the United States Government which allows
citizens of specific countries to travel to the United States for tourism, business, or while in
transit for up to 90 days without having to obtain a visa.
POE - Answers point of entry
At the POE alien has... - Answers Burden of proof
Expedited Removal - Answers Alien has failed to meet burden of proof, CBP can arrest them and
send them home
Alien has not met burden of proof, but CBP is nice so they allow them to... - Answers Withdraw
their visa and return home voluntarily
Explain the process starting from examination to inspection - Answers Alien has applied for a
visa and travels to US POE. Upon arrival, CBP asks for identification (passport) and the officer
conducts an interview to establish the type of alien and if their story matches. Once inspection
is complete, CBP will either admit or deny entry into US.
Title 8 is also referred to as - Answers INA
When talking about authority, we will refer to law as... - Answers INA
When talking about immigration court, we will refer to law as... - Answers INA 212 or INA 237
When talking about immigration crimes, we will refer to law as... - Answers US code
Immigration court - Answers Not a real court, independent body (EOIR), falls under DOJ
Legislative branch - Answers Make laws found in US Code organized by subject and title (54
total)
Public law - Answers When congress makes a new law it will first be called public law. (1952-82
congress, 414 public law covers immigration and citizenship to US). Public law will eventually go