Citizenship and Status
Under 8 U.S.C. § 1101(3), this term refers to any person who is not a citizen or national of the United States.
Alien (gross and I hate it)
This 19th-century case regarding Chinese exclusion established the Plenary Power Doctrine.
Ping v. US
These grounds of removal apply to those seeking entry to the U.S. or those present who entered without permission.
Imadmissibility Grounds
This status provides tempory protection and work authorization for people whose home countries are suffereing from natural disasers or instability.
Temporary Protected Status (TPS)
These are the two primary things a student advocate must do during their very first meeting with a client.
Qualify yourself (explain your role) and ask what questions they want answered that day.
This rule states that if a child has one U.S. citizen parent, the parent must have lived in the U.S. for 5 years, 2 of which were before the child's 14th birthday, for the child to acquire citizenship.
The 5/2 Rule (A parent must have lived in the U.S. for five years, at least two of which were before the child's 14th birthday).
The Court ruled that the government's right to expel non-citizens is "as absolute and unqualified" as its right to prohibit their entry.
Fong Yue Ting v. US
These grounds apply to those who entered and maintain permission to be present, such as LPRs or Temporary Visa Holders.
Deportability Grounds
This program protects individuals who arrived in the U.S. as children and have lived here for many years.
DACA (Deferred Action for Childhood Arrivals)
This is the specific identification number an advocate should look for when reviewing a client’s immigration history.
A#
Lawful Permanent Resident status is considered permanent and can only be terminated by this specific legal authority.
An Immigration Judge (IJ)
Criminal
This category of grounds for removal is described as being "wider" than the other.
Inadmissibility Grounds
This humanitarian path is for victims of crimes who are helpful to law enforcement investigations.
U-visa
Advocates should ask victims of domestic violence if they were legally married and if their partner was a resident or citizen to screen for this specific type of relief.
These are the three main ways an individual can become a Green Card Holder.
Family, Employment-based, and Refugee or Asylee Adjustment
This 1965 Act abonded national orgin quotas and adopted family unity and highly skilled labor as the twin bases for U.S. immigration.
The Immigration and Nationality Act of 1965
Name three specific criminal convictions that can lead to a person being deportable.
(any three of the follow) Aggravated felony, controlled substance offense, firearms offense, domestic violence, crimes against children, stalking, or high-speed flight from checkpoint
This status provides a path to LPR status for unmarried children under 21 who have been abused, abandoned, or neglecte.
Special Immigrant Juvenile Status (SIJS)
When conducting a criminal history intake, an advocate must ask about arrests in the U.S. as well as arrests in this location.
Country of Origin
To naturalize, an LPR must generally have held their status for five years, or this many years if married to a U.S. citizen.
Three years (generally takes five years)
This more recent case made historical plenary power cases regarding travel restrictions.
Trump v. Hawaii
Expetited Removal
These three specific humanitarian protections are specifically for victims of persecution or torture.
Asylum, Withholding of Removal, and CAT (Covention Against Torture)
This is the document a client must sign after the initial interview to establish the representative relationship.
Retainer Agreement