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Exclusion And Deportation Outline

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This is an extract of our Exclusion And Deportation document, which we sell as part of our Immigration Law Outlines collection written by the top tier of University Of Washington School Of Law students.

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Exclusion & Deportation Exclusion I. Admission: the key to exclusion is admission: A. SS 235(a)(1): an alien present in the US who had not been admitted shall be deemed for purposes of this act an applicant for admission: B. SS 212(a)(6)(A): an applicant for admission is inadmissible (with some exceptions) II. Inadmissibility or Exclusion Grounds SS 212(a) A. Alien is inadmissible at a port of entry

1. Aliens who entered without inspection are inadmissible even if they are still in the US: SS 212(a)(6)(A)

2. Inadmissibility can affect future visa applications or even naturalization if someone is found to have been inadmissible at the time of entry or adjustment of status: SS 237(a)(1)(A) B. Do not have Valid Passport, visas SS 212(a)(7) C. Do not have Labor Certification SS 212(a)(6)(D) D. Document Fraud

1. Once formally ordered to pay fines under SS 274C become inadmissible, subject to discretionary waivers in certain family-related circumstances SS

2. Procurement of Immigration documents, benefits, or admission by fraud or misrepresentation become inadmissible for LIFE: SS 212(a)(6)(C)(i)

3. Written or oral false claims of citizenship ? Separate ground of inadmissibility SS 212(a)(6)(C)(i) E. Related to Surreptitious Entry

1. Under IIRAIRA being present in the US without having been admitted or paroled, or having arrived not at an official port of entry SS 212(a)(6)(A)

2. Assisting with unlawful entry SSSS 212(a)(6)(E), 212(d)(11) F. Going Out of Status or Unlawful Presence

1. "Unlawfully present" for more than 180 days makes you inadmissible for 3 years

2. "Unlawfully Present" for more than 1 year makes you inadmissible for 10 years - SS 212(a)(9)(B) a. Unlawful Presence Defined: Present in US after period of stay authorized OR present without being admitted or paroled i. Unlawful presence is CONTINUOUS, NOT ADDED UP ii. Time granted for voluntary departure does NOT count toward continuous unlawful presence iii. Violation of admission (visa) terms does not constitute unlawful presence, but does render alien deportable SS 237(a)(1)(C)(i) iv. If you are under 18 it does not count SS 212(a)(9)(B)(iii)(I) v. If you have a bona fide (not frivolous) asylum application pending, doesn't count UNLESS worked without authorization SS 212(a)(9) (B)(iii)(II) vi. EX of USCIS position: F-1 students drops out, which makes them deportable, but their presence doesn't become unlawful (and

periods don't start to run) until IJ hears the case and determines that a violation has occurred: AFM SS 40.9.2(b)(1)(E) vii. Does the time from NTA to removal order count as unlawful presence? USCIS & DOJ says yes viii. Pendency of removal proceedings (once alien has received Notice to Appear) does not affect the lawfulness of your presence ix. Change of status: USCIS designates entire waiting period for timely-filed, non-frivolous change of status application as authorized by AG for purposes of SS 212(a)(9): 120 day maximum tolling allowed for aliens waiting for administrative processing of application for extension of stay or change or adjustment of statue, as long as person has not worked without authorization: See Page 434 G. Effect of Removal

1. Failure to attend removal hearing: Inadmissible for 5 years: SS 212(a)(6)(B)

2. Ordered removed upon arrival: Inadmissible for 5 years: SS 212(a)(9)(A)

3. Ordered Removed after arrival: Inadmissible for 10 years

4. Ordered removed for 2nd time: Inadmissible for 20 years

5. Aggravated Felons: Inadmissible forever

6. DHS has discretion to waive by allowing to apply for admission SS 212(a)(9) (A)(ii) H. Entering Without Admission: If either unlawfully present for aggregate of more than 1 year OR removed for any reason and then entered or tries to enter without being admitted, THEN you will be inadmissible for 10 years SS 212(a) (9)(C) I. Political

1. Entering US to engage in activities prejudicial to public interest SS 212(a) (27)

2. SS 212(a)(28) ? Catch All Category for Political Viewpoints considered undesirable by Congress: Covers activities of speech, expression, and association

3. Likely to engage in espionage, sabotage, or other subversion SS 212(a)(29)

4. People whose entry or activities might adversely affect US foreign policy SS

5. Certain national security and political grounds CANNOT be waived by DHS Secretary SS 212(d)(3)(A)

6. McGovern Amendment in 1977: When non-immigrant is excludable solely by reason of membership or affiliation with proscribed organization, the Secretary of State should recommend a waiver UNLESS he/she can certify that the person's admission would be contrary to national security interests

7. Lookout List: 1990 Act requires DHS and Secretary of State to update list and delete anyone who applies for admission and whose excludability has since been eliminated by INA amendments J. Terrorism Exclusions: SS 212(a)(3)(B): 9 Different terrorism-related exclusion grounds: Individual associated with terrorist activity OR terrorist organizations

1. Terrorism Material Support Provision SS 212(a)(3)(B)(iv)(VI)

2. SS 212(a)(3)(B) - Logic/Elements

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