Download CBP LATEST 2025 UPDATED & VERIFIED Exam 4 | 65 Questions with 100% Correct Answers (GRADED and more Exams Immigration Law in PDF only on Docsity! CBP LATEST 2025 UPDATED & VERIFIED Exam 4 | 65 Questions with 100% Correct Answers (GRADED A+) 100% GUARANTEED SUCCESS 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. - Immigrant Communist - Nazi Persecutor The term "public charge" means either: - ✔✔- The receipt of public cash assistance for income maintenance, or - Institutionalization for long-term care at government expense. Labor certification applies only to: - ✔✔- Immigrant aliens entering the U.S. for the purpose of performing skilled or unskilled labor. > Not in possession of valid labor certification. - Normally applies to immigrant classifications E2, E3 and EW. - Does not apply to E1 Criminal Grounds of inadmissibility includes: - ✔✔- Crimes involving moral turpitude - Controlled substance violations - Multiple convictions - Drug trafficking - Prostitution - Proceeds of prostitution - Unlawful commercialized vice - Immunity from prosecution - Religious freedom violators - Traffickers in persons - Money laundering Grounds of inadmissibility under illegal entrants, immigration violators, documentary requirements and ineligible for citizen are: - ✔✔- Entered without inspection - Failed to attend a removal hearing - Fraud - False claim to U.S. citizenship - Stowaway - Alien smuggler - Students status violator - Immigrant without document - Immigrant visa improperly charged - 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. 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? - Did your family accompany you? - Was your assignment or travel temporary or indefinite? What are the Two Types of Declaration? - ✔✔-Oral declarations - Written declaration(6059B) What Systems are Used in Primary? - ✔✔> At an airport or seaport: - Traveler Primary Arrival Client(TPAC) > At a land border: - For pedestrians - U.S. PEDESTRIAN - For vehicles - Vehicles primary client(VPC) What are the Elements of a Binding Declaration? - ✔✔- Knowledge - Acknowledgement - Communication - Amendment Identify 5 Classes of Aliens not entitled to a Removal hearing?(CAVES) - ✔✔- Crew - Aliens inadmissible on national security grounds - Visa waiver program applicants - Expedite removal proceedings - Stowaways What are the exception to administrative review of an expedited removal order is for an alien who claims under penalty of perjury to be a(n): - ✔✔- Citizen - Asylee - Refugee - LPR Form I-862 - ✔✔Notice to Appear (The serving of this form commences removal proceedings) Radio Etiquette - ✔✔- Speak clearly - Be Professional - Be courteous - Be accurate - Think before speaking - Talk simply - Remain calm 10-4 - ✔✔Acknowledged/Received 10-7 - ✔✔Out of service 10-8 - ✔✔In service 10-9 - ✔✔Repeat last transmission 10-10 - ✔✔All Available Officers Furnish Emergency Assist 10-13 - ✔✔Unit en-route 10-20 - ✔✔Location 10-99 - ✔✔Officer down - all units respond What are the Common Concealment Methods? - ✔✔- Hidden on the body - Hidden internally - Hidden on children - Other traveler concealment Body Carriers - ✔✔- Under clothing - Inside clothing - Under wigs - Inside shoes Internal Carriers - ✔✔- Pellets of narcotics are swallowed. - Pellets are wrapped in condoms, latex gloves, or other wrapping material. What are the Internal Carrier Behavior? - ✔✔- Unexplained nervous behaviors - Sleepy appearance - Awkward walking - Inability to sit comfortably What are the Internal Carriers Indicators? - ✔✔- Anti-diarrhea medicine - Anti-nausea medicine - Sedatives - Supplies for making pellets - Lubricants