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CBP Immigration & Nationality Law - Lesson Overview – Q’s & A’s
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CBP Immigration & Nationality Law - Lesson Overview – Q’s & A’s
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CBP Immigration & Nationality Law - LessonOverview – Q’s & A’s
Immigration and Nationality Act (INA) ✔️Ans - Fundamental body of U.S.
immigration law applying to all employers; addresses employment eligibility
and employment verification and defines the conditions for the temporary
and permanent employment of aliens in the U.S.
INA governs the admissibility of all immigrants to the U.S. Immigration under
INA is divided into two categories:
1) those who may obtain legal permanent resident status without numerical
limitation ("immediate relatives")
2) those who are restricted by an annual limitation on the number of person
who may enter as permanent residents ("preference classes")
INA also governs how an individual may acquire citizenship at birth, derive
citizenship after birth through their parents/grandparents, or qualify for
naturalization.
Immigrant ✔️Ans - Any alien in the U.S., except one legally admitted under
specific nonimmigrant categories. Aliens are presumed to be immigrants until
they can prove they are entitled to one of the classes of non-immigrant aliens.
Lawful Permanent Resident (LPR) ✔️Ans - A person who has been lawfully
admitted for permanent residence; a person lawfully accorded the privilege of
residing permanently in the United States as an immigrant. LPR's or
immigrants are not allowed to vote or hold public office. Also known as
"permanent resident alien" or "green card holder".
LPR Benefits:
1) seek employment, go to school, pay taxes, and contribute to Social Security
2) petition for certain family members to immigrate to the U.S. and
3) travel outside the U.S.
Immigrant or LPR General Process ✔️Ans - 1) File a petition: an employer
or relative (petitioner) must file a petition with the USCIS. USCIS must
approve the petition.
, 2) Receive a visa number: the State Department issues a visa number. The
available amount of immigrant visa numbers that can be issued, are limited
each year. Therefore, an alien may not be eligible to get an immigration visa
immediately.
3) Complete immigrant visa application: after being issued a visa number, the
alien (now a beneficiary) must complete the Immigrant Visa Applicant Form
DS-230 in person at the U.S. Consulate or Embassy that has jurisdiction. If
already in the U.S. the beneficiary must then apply to adjust to permanent
resident status at a USCIS office.
Petitioner ✔️Ans - The U.S. citizen, LPR or employer who is sponsoring a
foreign national to enter the U.S. as an immigrant by filing a petition with the
U.S. Citizenship and Immigration Services (USCIS). Also called sponsor.
Petition ✔️Ans - A USCIS form completed by the petitioner to identify the
person who wishes to immigrate to the U.S. and to establish the required
relationship between the petitioner and the beneficiary.
Affidavit of Support Form I-864 ✔️Ans - A formal declaration by the
petitioner that documents the petitioner's ability to provide adequate
financial support to ensure that the beneficiary will not become a public
charge after admission in the U.S.
Beneficiary ✔️Ans - An alien on whose behalf a U.S. citizen, LPR, or
employer has filed a petition for such alien to receive an immigration benefit.
Returning Resident ✔️Ans - A lawful permanent resident who is returning
to an unrelinquished residence in the U.S. after a temporary visit of less then 1
year abroad or 2 years if in possession of a valid Reentry Permit.
Preference Classes ✔️Ans - The categories of persons eligible to immigrate
where the number of visas available each year is numerically limited, such as
the siblings and adult children of U.S. citizens.
Preference System: Immediate Relatives ✔️Ans - Foreign national may
immigrate to the U.S. based on whether they are immediate relatives of U.S.
citizens, other relatives of U.S. citizens or LPRs or can qualify in one of the
employment-based categories.
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