Non-Immigrant to Immigrant
Becoming a lawful permanent resident without leaving the country to obtain and seek admission with an immigrant visa.
Not eligible for Adjustment of Status
If not inspected and admitted, or paroled into U.S.--(ex.) Smuggled aliens, Stowaways, Effected admission by false claim to U.S.C., EWI (entry without inspection) Crewman D-1, alien under Visa Waiver Program, C5-1 &T5-1. alien. Or any alien in conditional
Form I-485
Alien applies for adjustment of status (not automatic) to DHS or an Immigration Judge by submitting this.
Juvenile Special Immigrants
shall be deemed to have been Paroled into the U.S. and are exempt INA245(c) requirements
Chinese Student Protection Act (CSPA)
benefits nationals of the PRC-(Peoples Republic of China) and their dependents who were residing in the U.S. between 6-5-89 and 4-11-90..
Tienamen Square Massacre
lawfull LAPR status established
On the date of the approved I-485
C.I.M.T
Crimes Involving Moral Turpitude
Classifications under Adjustment of Status
Symbols (numerals) in the classification codes found on the Permanent Resident Cards will be different between aliens that "arrive" in U.S. with immigrant visas and those that "adjust" their status while in U.S... Adjustment code adds "5" to regular class
Immigrant (LAPR) to Non- Immigrant
LAPR that adjusted to that of an A, G, E, if such alien had at the time of entry or subsequently aquires an occupational status which would entitle him to an A, G, E, non-immigrant classification. ***** adjustment is automatic once Secretary of DHS become
Aliens admitted as C, D, K, S, and VWP
Not eligible to change to any other non-immigrant classification
Aliens granted asylum
Must apply for change of status, be physically present in U.S. for 1 year, Still a refugee as defined in Act, be admissible as an immigrant, date of lawful admission recorded as one year before date of approval of application.
Aliens Required to carry Alien Registration
Every alien, 18 yrs. of age and over. And LAPR's attaining there 14th birthday required to apply on Form I-90 within 30 days.
Penalty for not having Alien Registration Card
Class C misdemeanor-- upon conviction fined not to exceed $100 or be imprisoned not more than 30 days or both.
Alien address Report
Every alien in U.S. must report change of address to DHS within 10 days of any such change on Form AR-11.
Penalties Relating to Alien Registration
Fail or refuse to make application for alien registration- (misdemeanor) $1000 fine and/or 6 months imprisonment,**
Fail to report address change (misdemeanor) $1000 fine and/or 30 days imprisonment,
*
File application for registration with false statemen
INA 212(a)
primary statute relating to classes of aliens that our nation views as undesirable. *
(Legislative Fence)
* around our nation built to protect us from aliens that may endanger the safety, security or welfare of the U.S.
Parole
an administrative tool designed to deal with special, extraordinary situations.**(used as last resort). Not regarded as an entry for immigration law purposes.
The Secretary of Homeland Security
Has authority to temporarily parole into the U.S. under such conditions as he may prescribe on a case by case basis for urgent humanitarian or significant public health.
Emergent and Public Interest
Two general reasons for PAROLE.
Emergent reason Parole
Paroled because of serious medical conditions or emergencies that require treatment in U.S. and preventing inhumane seperation of families..ex..- to visit a terminally ill immediate relative.
Public interest Parole
Situation where a govt' agency requests that the alien be allowed in U.S; in conjunction with a judicial proceeding ( witnesses, informants and defendants, and prosecution cases) , administrative proceeding or legislative proceedings.
INA 235
Statutory authority that gives CBP officers authority to (I.B.A.D.) Inspect aliens
Board and search vessels and aircraft
Administer oaths and take testimony * Detain aliens for further inquiry before an immigration judge
CBP officer
has authority to admit aliens, and also has limited authority to deny admission without benefit of removal proceedings.
Examination
establish identity and citizenship of an applicant for admission
Inspection
Determine the eligibility for admission of an alien who is an applicant for admission.
Persons Exempt Inspection
Alien members of Armed Forces traveling under orders, Alien members of NATO Forces entering under orders, American Indians born in Canada with at least 50% American Indian Blood, U.S. citizens and U.S. Nationals
3 groups of applicants for admission
1)Aliens arriving in U.S. at P.O.E.,2) Aliens interdicted at sea and brought to U.S. ,3)Aliens present in U.S. who bypassed the lawful admission process thus entering without inspection
2 types of Medical Certifications or Notifications
Class A & Class B
Class A Medical Notification
Contagious disease, physical or mental disorder and behavior associated with the disorder, that may pose, or has posed, a threat to the property, safety, or welfare of the alien or others and likely to recur , and is drug addict or abuser..(can appeal to
Class B Medical Notification
alien has a physical or mental abnormality, disease, or disability serious in degree or permanent in nature amounting to a substantial departure from normal well-being.(cannot appeal)
Immigration Judge
Attorney who the Attorney General has appointed as an administrative judge within the Executive Office of Immigration Review (EOIR)
can conduct a removal hearing
Board of Immigration Appeals (BIA)
Can reverse the decision of an Immigration judge by appeal