CBP Exam 4 Questions And Answers With
Complete Solution
There are two sections of the INA the Describe classes of aliens that may endanger the safety,
security, or welfare of the U.S. and its citizens, These sections are:
INA & 212(a)
- Describes classes of alien that may be inadmissible.
- Burden of proof is on aliens that they are admissible.
INA & 237(a)
- Describes classes of admitted aliens that may be deportable.
- Burden of proof is on the Department that they are deportable.
The INA & 212(a) is
- The principal tool used by CBP officers to keep certain aliens out of the U.S.
- Aliens inadmissible under this section are ineligible to receive visas and ineligible to be admitted to
the U.S.
- Principle elements to charge under & 212(a):
> Person must be an alien
> Alien must be seeking admission
What are the three groups of aliens considered applicants who are seeking admission?
- Aliens arriving in the U.S.
- Aliens interdicted at sea and brought to the U.S.
- Aliens present in the U.S. without having been admitted.
What certain aliens allowed to proceed into the U.S. are not considered "admitted" for immigration
purpose?
- An alien landing as temporary crew
- An alien paroled into the U.S.
What are the reasons for Parole?
- Humanitarian
- Significant public benefit
Why some returning LPRs are treated as aliens seeking admission, others are not?
LPR not subject to grounds of inadmissibility unless (OALICE):
- Been continuously outside the U.S. for more than 180 days, or
- Abandoned or relinquished their U.S. LPR status, or
- Let the U.S. while under removal proceeding, or
- Engaged in illegal activity after departing the U.S., or
- Committed certain criminal offense(s) those listed in INA & 212(a)(2), or
- Entered, or are attempting to enter, without inspection
What are the INA 212 Removal options?
- Removal proceedings with an immigration Judge, or
- Visa waiver program refusal, or
- Expedited Removal
Removal Proceedings
, - INA & 240 authorizes immigration Judges (IJ) to determine inadmissibility or deportability of an alien
and establishes the rules for such proceedings.
- Form I-862, Notice to Appear, initiates removal proceedings before before an immigration Judge.
- An inadmissible alien is not entitled to the full range of the U.S. constitutional protections but is
entitled to basic due process (fair procedures).
During removal proceeding, an arrival alien who has been charged an admissible:
- Bears the burden of proof that alien is entitled to admitted.
- Has the right to secure counsel at his or her own expense.
- Can present and examine evidence.
- Can examine witnesses.
- Can appeal the IJ's decision to the Board of Immigration appeals (BIA).
When a removal order becomes final:
- The alien is immediately removed.
Removal is through the means of transportation that brought the alien to the U.S.
- Bar to readmission is generally 5 years.
Which Aliens are not entitled to a 240 removal hearing before an IJ?
- Crew
- Aliens inadmissible on national security grounds
- Visa Waiver program applicants
- Expedited removal proceedings
- Stowaways
Expedited removal is used at he POE for arriving aliens only. Arriving aliens are those who:
- Applied for admission at an open port of entry
- Were interdicted at sea
- Were paroled in to the U.S. after April 1, 1997
The following expedited removals are subject to administrative review:
- Citizen: alien claiming to be a USC
- Asylum: alien is claiming asylum or is an asylee
- Refugee: alien admitted as refugee
- LPR: Lawful Permanent Resident
An alien may be permitted to withdraw the application for admission and depart immediately.
Withdrawal of application is:
- Discretionary - CBP decides
- Not an automatic right
- Not a formal removal
What are the Grounds for Removal under INA & 212(a)?
- Health-related grounds
- Public charge and labor certifications grounds
- Criminal grounds
- Security-related grounds
- Illegal entrants and immigration violators
- Documentation requirements and ineligible for citizenship
- Unlawful presence
Complete Solution
There are two sections of the INA the Describe classes of aliens that may endanger the safety,
security, or welfare of the U.S. and its citizens, These sections are:
INA & 212(a)
- Describes classes of alien that may be inadmissible.
- Burden of proof is on aliens that they are admissible.
INA & 237(a)
- Describes classes of admitted aliens that may be deportable.
- Burden of proof is on the Department that they are deportable.
The INA & 212(a) is
- The principal tool used by CBP officers to keep certain aliens out of the U.S.
- Aliens inadmissible under this section are ineligible to receive visas and ineligible to be admitted to
the U.S.
- Principle elements to charge under & 212(a):
> Person must be an alien
> Alien must be seeking admission
What are the three groups of aliens considered applicants who are seeking admission?
- Aliens arriving in the U.S.
- Aliens interdicted at sea and brought to the U.S.
- Aliens present in the U.S. without having been admitted.
What certain aliens allowed to proceed into the U.S. are not considered "admitted" for immigration
purpose?
- An alien landing as temporary crew
- An alien paroled into the U.S.
What are the reasons for Parole?
- Humanitarian
- Significant public benefit
Why some returning LPRs are treated as aliens seeking admission, others are not?
LPR not subject to grounds of inadmissibility unless (OALICE):
- Been continuously outside the U.S. for more than 180 days, or
- Abandoned or relinquished their U.S. LPR status, or
- Let the U.S. while under removal proceeding, or
- Engaged in illegal activity after departing the U.S., or
- Committed certain criminal offense(s) those listed in INA & 212(a)(2), or
- Entered, or are attempting to enter, without inspection
What are the INA 212 Removal options?
- Removal proceedings with an immigration Judge, or
- Visa waiver program refusal, or
- Expedited Removal
Removal Proceedings
, - INA & 240 authorizes immigration Judges (IJ) to determine inadmissibility or deportability of an alien
and establishes the rules for such proceedings.
- Form I-862, Notice to Appear, initiates removal proceedings before before an immigration Judge.
- An inadmissible alien is not entitled to the full range of the U.S. constitutional protections but is
entitled to basic due process (fair procedures).
During removal proceeding, an arrival alien who has been charged an admissible:
- Bears the burden of proof that alien is entitled to admitted.
- Has the right to secure counsel at his or her own expense.
- Can present and examine evidence.
- Can examine witnesses.
- Can appeal the IJ's decision to the Board of Immigration appeals (BIA).
When a removal order becomes final:
- The alien is immediately removed.
Removal is through the means of transportation that brought the alien to the U.S.
- Bar to readmission is generally 5 years.
Which Aliens are not entitled to a 240 removal hearing before an IJ?
- Crew
- Aliens inadmissible on national security grounds
- Visa Waiver program applicants
- Expedited removal proceedings
- Stowaways
Expedited removal is used at he POE for arriving aliens only. Arriving aliens are those who:
- Applied for admission at an open port of entry
- Were interdicted at sea
- Were paroled in to the U.S. after April 1, 1997
The following expedited removals are subject to administrative review:
- Citizen: alien claiming to be a USC
- Asylum: alien is claiming asylum or is an asylee
- Refugee: alien admitted as refugee
- LPR: Lawful Permanent Resident
An alien may be permitted to withdraw the application for admission and depart immediately.
Withdrawal of application is:
- Discretionary - CBP decides
- Not an automatic right
- Not a formal removal
What are the Grounds for Removal under INA & 212(a)?
- Health-related grounds
- Public charge and labor certifications grounds
- Criminal grounds
- Security-related grounds
- Illegal entrants and immigration violators
- Documentation requirements and ineligible for citizenship
- Unlawful presence
