question

Entry/ Admission

answer

All foreing nationals travelling to the US are subject to inspection at a port of entry by CBP officer and only after authorized by a USCBP officer is determined to have "entered and properly admitted" to the US;

question

Visa

answer

Visa is a "electronic imprint" issued in the passport showing that a person is authorized to enter the territory for which it was issued;

question

Passport

answer

1.An official document issued by a government, certifying the holder's identity and citizenship and entitling them to travel under it; Passport must be valid for at least 6 months beyond the date of intended travel;

question

I-94

answer

An I-94 is a form denoting the Arrival-Departure Record of particular foreigners issued by U.S. Customs and Border Protection (CBP) after inspection to note the current status and authorized stay; USCIS will issue an I-94 to note extension and/or change of non immgirant status;

question

B-1/B-2 Visa

answer

Foreign nationals entering the US as visitors for business (B-1) or pleasure (B-2) who enter with a temporary non immigrant visa;

question

Permissible activities

answer

Usual activities of pleasure and business under a B-1/B-2 visa stay, cannot study or work in the US;

question

Visa Waiver program

answer

Visitors for tourist and business who are nationals of participating countries in the visa waiver program for up to 90 days; no change of status or extension of status authorized;

question

Visa process

answer

Aliens seeking to enter the US on a non-immigrant visa must apply for a visa at a U.S. Consulate or Embassy abroad. The U.S. Consular Officers will review an alien's visa application and decide whether to issue a visa to the alien; must prove identity, intent, proof of financials, ties to home country;

question

NIV

answer

Non Immigrant Visa. Permission to enter and remain in the US for a temporary period of time restricted by purpose and time;

question

E-1/E-2

answer

Citizens of certain treaty countries for trade, commerce or investment with the US; Dependent spouse and unmarried child under the age of 21 issued E-3 classification;

question

TN status

answer

Qualifying Canadians and Mexican citizens who enter the US to temporarily work for employer; Dependent spouse and unmarried child under the age of 21 issued TD visa;

question

H Visa

answer

Temporary work visa restricted by employer and time to perform a specific job; H 2A Temporary or seasonal agricultural workers. H 2B Temporary non-agricultural workers. H-3 Trainees other than medical or academic. This classification also applies to practical training in the education of handicapped children. Dependent spouse and unmarried child issued H-4 Visa;

question

H-1B

answer

Non-immigrant workers who enter the US in a "Specialty occupation" to work for a US sponsor employer for a limited time; H-1B1 - Free Trade Agreement workers in a specialty occupation from Chile and Singapore. H-1B2 - Specialty occupations related to Department of Defense Cooperative Research and Development projects or Co-production projects. H-1B3 - Fashion models of distinguished merit and ability. H1C Registered nurses working in a health professional shortage area as determined by the U.S. Department of Labor. Dependent spouse and unmarried child under the age of 21 issued H-4 Visa;

question

F-1 Visa

answer

Students entering the US to pursue a full course of study in a authorized educational institute issued "Duration of stay" ;

question

J visa

answer

The exchange visitor (J) nonimmigrant visa category is provided for persons who are approved to participate in exchange visitor programs in the US;

question

M visa

answer

Student who wishes to enter the United States to study full-time at a recognized vocational or nonacademic institution. The law specifically excludes language programs.

question

L visa

answer

The L visa is for a temporary worker who is coming to work at a subsidiary of a foreign company either in a managerial or executive capacity ( L1A ) OR for someone with specialized knowledge (L-1B). Dependent spouse and unmarried child under 21 issued L 2;

question

O visa

answer

O visa applies to foreign nationals of extraordinary or high achievement in the field of science, art, education, or athletics as demonstrated by sustained national or international acclaim; O-1 Persons with extraordinary ability in sciences, arts, education, business, or athletics and motion picture or TV production. O-2 Persons accompanying solely to assist an O-1 visa holder. Dependent spouse and child under 21 issued O 3 visa;

question

P Visa

answer

This visa applies to an internationally recognized athlete performing at a major athletic event as an individual athlete or part of group; P 1A Internationally recognized athletes. P 1B Internationally recognized entertainers or members of internationally recognized entertainment groups. P 2 Individual performer or part of a group entering to perform under a reciprocal exchange program. P 3 Artists or entertainers, either an individual or group, to perform, teach, or coach under a program that is culturally unique. P 4 dependent spouse and unmarried child of P visa holder.

question

Q visa

answer

Foreign nationals entering the US for the purpose of obtaining practical training, employment and the sharing of history, culture, philosophy and traditional of the alien's home country; No dependent family members;

question

R visa

answer

R visa is for a foreign national entering the US for a non-profit bona fide religious organization to work in a religious profession, occupation or vocation; Dependent spouse and unmarried child under 21 holds R 2 status;

question

T visa

answer

T nonimmigrant visa is for victims of severe forms of trafficking who have complied with a reasonable request for assistance in investigation or prosecution;

question

U Visa

answer

U non immigrant visa is available to victims of certain qualifying criminal activity who have suffered substantial mental and/or physical abuse because of the activity; willing to assist law enforcement agency;

question

Family petition

answer

I-130 family petition may be filed only by Lawful permanent resident or a United States citizen to establish relationship and begin the process of immigrating qualifying family members to the US; this is first step in family based immigration

question

Quota preference system

answer

The six categories of family based relationships that allow certain beneficiaries to receive legal permanent residence by process of adjustment of status or consular process;

question

Immediate relatives

answer

Spouse, children (qualifying as a child, unmarried under the age of 21) and parents who do not have visa number restrictions to obtain lawful permanent residence

question

First preference

answer

Qualifying unmarried sons and daughters of United States citizens over the age of 21;

question

Second preference

answer

The 2A includes spouse and unmarried chidren under 21 years old of lawful permanent residents; 2B unmarried sons or daughters over 21 years old of lawful permanent residence;

question

Third preference

answer

Married sons and daughters of United States citizens, includes their spouses and children under 21 years;

question

Fourth preference

answer

Brothers and sisters of US citizens including their family members, spouse and qualifying children under the age of 21

question

Adjustment of status

answer

The adjustment of status to lawful permanent resident status is the second step to immgirate to the US; the process of filing for perrmanent residence in the US before USCIS;

question

Consular process

answer

Family members applying at a US consulate in a foreign country to obtain a immigrant visa to travel to the US and join their family members to live and work as lawful permanent residents

question

Visa bulletin

answer

The Visa Bulletin provides information regarding the cut-off dates which govern visa availability in the numerically limited visa categories and is a publication of the Department of State

question

Conditional residence

answer

Individuals who are married for less than 2 years at the time of their application for lawful permanent resident status are granted a conditional permanent resident status valid for 2 years;

question

K -1 visa

answer

K-1 visa llows fiancees of US citizens to enter the US for the purpose of marrying in the United States and process their lawful perrmanent resident status in the US; must marry within 90 days, no change of status or extension authorized

question

DHS

answer

Department of Homeland Security

question

USCIS

answer

United States Citizenship and immigration service

question

USCBP

answer

United States customs and border protection

question

USICE

answer

United States immigration and customs enforcement;

question

NIV

answer

Non Immigrant Visa

question

IV

answer

Immigrant visa

question

Numerical limitations

answer

Imposed to control and strealine the process of immigration into the US;

question

Priority date

answer

Priority date is a US immigration concept that determines a immigrants place in the cut off date numerical limitation established by the Visa bulletin;

question

LPR

answer

Lawful permanent resident of the US, who lives and works permanently in the US'

question

Out of status

answer

Foreign nationals who remain in the US after their authorized stay has expired and conisdered out of status and may have severe immigration limitations to qualify for immigration benefit;

question

DOS

answer

Department of State that oversee the Consulates outside the United States

question

EOIR

answer

Executive Office for Immigration Review under the Department of Justice. EOIR oversees the immigration court system.

question

Legal Entry

answer

Admitted to the United States after proper inspection by US Customs and border protection official and issuing admission document such as I 94 or other similar documents;

question

USC

answer

United States Citizen.

question

Ties to Home country

answer

Intent that must be established for certain Non Immigrant Visa holders to return to their home countries after the Visa term ends;

question

C/S

answer

Non Immigrant Change of Status request filed with United States Citizenship and Immigration Service;

question

E/S

answer

Extension of stay request for certain Non-Immigrant visa holders filed with United States Citizenship and Immigration Service;

question

V visa

answer

Hybrid Non Immigrant Visa. The V visa is a non immigrant visa created to allow families to stay together while waiting for the processing of immigrant visas.

question

K 3/K 4

answer

Hybrid Non Immigrant Visa. Immigration law allows the alien spouse of a U.S. citizen and his or her minor children to be admitted to the United States as non immigrants while they are awaiting the adjudication of a Form I-130 Petition for Alien Relative. I

question

NVC

answer

National Visa Center - After the U.S. Citizenship and Immigration Services (USCIS) approves your immigrant visa petition, the USCIS forwards your petition to the National Visa Center (NVC) in Portsmouth, NH for immigrant visa pre-processing at the correct time.

question

NVC process steps

answer

The NVC collects immigrant visa application(s) with supporting civil documents and Affidavits of Support with supporting financial documents, as well as the required fee payments for U.S. Embassies and Consulates abroad in advance of the visa interview.

question

IV application

answer

The immigrant visa applicant(s) must apply for an immigrant visa by paying the required application fee(s) and then submitting an Immigrant Visa Application with the required supporting civil documents to the NVC (as examples, birth certificates, marriage certificates, as applicable to the particular type of visa applied for).

question

Visa Interview

answer

At the U.S. Embassy/Consulate, a consular officer will interview the visa applicant(s) and determine whether to issue a visa or not. The visa interview requires careful preparation, including completion of a medical examination before the interview and having all required original documents available for the visa interview.

question

Unlawful Presence bar

answer

In 1996, Congress passed a law that bars certain persons who have accumulated a certain period of "unlawful presence" in the U.S. and then left the country from becoming US permanent residents for a period of time unless they first obtain a waiver. Persons who have accumulated 180 days or more of unlawful presence after April 1, 1997, and have then left the country, cannot return to the U.S. for 3 years. Persons who have accumulated one year or more of unlawful presence after April 1, 1997, and have then left the country, cannot return to the U.S. for 10 years.

question

False claim to USC

answer

Many noncitizens do not realize the risks of pretending to be a U.S. citizen. Once someone falsely claims to be a U.S. citizen in order to obtain a benefit under federal or state law, he or she may be removable (deportable) from the United States. A person may be placed in removal proceedings even if the false claim was made unintentionally or to certain private parties administering a government benefit.

study guide immigration law – Flashcards

Unlock all answers in this set

Haven't found what you were looking for?

Search for samples, answers to your questions and flashcards