CBP Exam 4 Questions with Complete Verified Solutions 2024/2025, Exams of Law

Download CBP Exam 4 Questions with Complete Verified Solutions 2024/2025 and more Exams Law in PDF only on Docsity! CBP Exam 4 Questions with Complete Verified Solutions 2024/2025 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 - Non-immigrant without passport - Non-immigrant without visa - Ineligible for citizenship - Draft evaders and deserters Grounds of inadmissibility under previously removed, unlawful presence, miscellaneous grounds, statutorily exempt and waivers are: - Previously removed as an arriving alien - Previously removed as a NOT arriving alien - Unlawful presence of 6 months to 1 year - Unlawful presence of 1 year or more - Construction of unlawful presence - Overstays - EWI and previous violation - Immigrant polygamist - Guardian of a helpless alien - International child abductor - Unlawful voters - Renounced U.S. citizenship Legal Authority for Adverse Actions under grounds of inadmissibility are: - Withdrawal of application for admission - Visa waiver program refusal/removal - Expedited removal orders - Notice to appear - Criminal offenses Authority Overview - CBP officers derive their authority to enforce U.S. immigration laws and initiate adverse actions from: - U.S. Constitution - Immigrant and Nationality Act(INA) and Titles 8 & 19 fo the U.S. code - Titles 8 and 22 of the code of federal regulations - Court and board of immigration appeals (BIA) decisions - International law and treaties INA § 235 - Authority to conduct inspections, perform expedited removals, and refer aliens for hearing INA § 287 - Authority to question under oath and search without warrant. INA § 240 - Removal hearing INA § 212 - Inadmissible aliens INA § 237 - Deportable aliens CBP officer's arrest authority is defined in both : - Title 19 U.S.C. 1589a - INA § 287 CBP officers have the authority to arrest some offenders without a warrant: - For any federal felony offense, or - For any federal misdemeanor offense that occurs in the officer's presence - For entering the U.S. illegally in the officer's presence, but only if - The alien is likely to escape before a warrant can be obtained. Adverse Action Continuum form least to most adverse: - Withdrawal - INA § 235(a)(4) - Visa waiver program refusal - INA § 217 - Expedited removal - INA § 235(b)(1) - Notice to appear/INA § 240 - INA § 235(b)(2) and INA § 239(a)(1) - Prosecution CBP Mission - CBP officers are entrusted with the mission of protecting our borders from terrorists, instruments of terror, and other threats. What is Purpose of a Primary Examination? - Is to make an initial determination about whether the incoming traveler should be released, admitted, or referred for additional processing. What is the Purpose of a Secondary Examination? - Is to follow up on a referral from primary by systematically inspecting a traveler's intent, paperwork, and belongings. What are the Officer Tasks in Primary? - Document review - Passenger interview - Systems queries What are the U.S. Citizenship Documents? - U.S. passport - U.S. passport card - Trusted traveler card - Enhanced driver's license - Enhanced tribal card - U.S. merchant mariner's document - Native american tribal photo ID - I-872 American Indian card When Interviewing Passengers, You Should: - Determine citizenship - Determine intent and purpose of travel - Obtain a biding declaration What Questions Should You Ask in Primary? - Determine identity - Determine citizenship - Determine documentary requirements - Determine immigrant or non-immigrant classification. - Determine admissibility - Determine resident or non-resident for duty purposes - Determine suspicious of terrorism - Determine any agriculture issues - Determine prohibited or restricted items - Identify commercial merchandise - Identify any duty owed What are the Guidelines for Intent? - If a traveler declares upon arrival that he or she never intended to return to the U.S. except for visits: > Has been outside the U.S. for 3 or more years, he or she will be treated as a nonresident for CBP purposes. >Has been outside the U.S. for less than 3 years, his or her intent will be determine by the officer's questioning. Establish Intent > What was the person's intent at time of departure? - Remain abroad indefinitely - Short-term travel - Contract work abroad, long term > Remember, a traveler's intent at time of departure from the U.S. determines his or her residency status. To Establishing Intent Ask Question such as: > What was the duration and purpose of your stay abroad? - While abroad: - Did you maintain a home in the U.S. Did you rent or purchase a home abroad? - Did you pay U.S. income taxes?