Admission Requirements

• Admission: the lawful entry of an alien into the U.S. after inspection & authorization by an immigration officer.

• Inspection: the questioning of a person at the border.

• “Knocking on the door at the port of entry”

What happens if the person is found to be inadmissible upon knocking?

“Knocking on the door at the port of entry”

If an alien is ‘at the door’ & found inadmissible, the inspecting officer can:

1) Allow the alien to withdraw his petition for admission & go back to his country with no consequence

2) Have a Summary Removal at the border

3) Allow the alien parole to enter the U.S.

4) Write the alien up

Removal

• INA §212 (Inadmissible)

• If an alien commits a crime in the U.S., leaves & then returns, the alien is now inadmissible at the border.

• If an alien is ordered removed under this section, the alien cannot return to the U.S. for 5 years.

• If it is the alien’s 2nd order of removal, the alien cannot return to the U.S. for 20 years

• Aggravated Felon—can never return

• INA §237 (Deportable)

• The alien committed a crime, but was picked up in the U.S.

• If an alien is ordered removed under this section, he cannot come back for 10 year

• If it is the alien’s 2nd order of removal, the alien cannot return to the U.S. for 20 years

• Aggravated Felon—can never return

The Removal Process

1. Notice to Appear Initiates the Removal Process Created by a Homeland Security Officer The Officer must serve all parties with a copy

of the Notice The notice gives the statutory citation of the

grounds of removal that the alien is charged with.

2. Hearing Date Issued (Master Calendar Hearing) The alien & his/her attorney must admit or

deny each allegation in the Notice to Appear

This is the alien’s “first appearance” in Court.

The Removal Process Continued

3. Individual Merits Hearing After the Master Calendar Hearing, the Judge will

schedule an Individual Merits Hearing. The alien may call witnesses at this hearing. The Federal Rules of Civil Procedure Apply

4. Judge’s Opinion Issued The judge will state whether the alien will be removed from the

U.S. or whether he may remain. If the alien does not like the Judge’s opinion, he may appeal to

the Board of Immigration Appeals (BIA) The BIA will not hear new testimony.

CANCELLATION OF REMOVAL

• Alien is a lawful permanent resident (LPR)

ALIEN MUST PROVE:1. Lawfully admitted to the U.S. for

no less than 5 years; and2. Continuously lived in U.S. for

7yrs.; and3. Not convicted of an aggravated

felony; and4. Removal to another country

would be an extreme hardship to his spouse, parent, or child who is a LPR

• Non-permanent resident alien

ALIEN MUST PROVE: 1. Continuously present in the U.S.

for no less than 10 years; and2. Good moral character for those 10

yrs; and3. Has not been convicted of criminal

grounds of inadmissibility (EX: drug and people traffickers); and

4. No conviction for falsifying a document or failure to register for the draft; and

5. Removal would cause exceptional & extremely unusual hardship to his spouse, parent, or child who is a LPR.

Expungement of Record

Expungement- a tactic used to clear up your criminal record. • Expungement does not apply to immigration cases.

There are 2 ways to “get rid of” a criminal conviction in immigration cases:1. An executive pardon2. Total vacating of the criminal conviction by the sentencing court.

How does the court find out about criminal offenses:1. The court reports the info. to DHS when the alien is charged.2. The alien’s own admission3. The government’s own record keeping4. Disgruntled family member or co-worker, etc. . .tells

14 Hardship Factors for Cancellation of Removal

1. Immigration history of the alien

2. Country Conditions in alien’s native country

3. Community ties

4. Assimilation into the U.S. culture

5. Position in the Community

6. Attachment to friends in the community

7. Occupation

8. Health Conditions

9. Age at time of arrival

10. Age Now

11. Length of residence in the U.S.

12. Family Ties in the U.S.

13. Other means of adjusting the alien’s status

14. Financial Status