EXAM 4 REVIEW (Border Patrol) Questions and Answers Latest Update
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Course
Border Patrol
Institution
Border Patrol
INA 212(a) - Answer-Relating to classes of inadmissible aliens
INA 237(a) - Answer-Relating to classes of deportable aliens
INA 212(a) burden of proof - Answer-Burden of proof is on aliens that they are admissible
INA 237(a) burden of proof - Answer-Burden of proof is on the department tha...
EXAM 4 REVIEW (Border Patrol)
Questions and Answers Latest Update
INA 212(a) - Answer-Relating to classes of inadmissible aliens
INA 237(a) - Answer-Relating to classes of deportable aliens
INA 212(a) burden of proof - Answer-Burden of proof is on aliens that they are
admissible
INA 237(a) burden of proof - Answer-Burden of proof is on the department that they are
deportable
What are two sections of the INA that describe classes of aliens that may endanger the
safety, security, or welfare of the U.S. and its citizens? - Answer-INA 212(a) & INA
237(a)
What are the principle elements to charge under INA 212(a)? - Answer-Person must be
an alien, alien must be seeking admission
Alien inadmissibility and ineligibility under Section INA 212(a) - Answer-Ineligible to
receive visas and be admitted into U.S.
Three groups of aliens considered applicants who are "seeking admission" - Answer-1.
Aliens arriving in the U.S. at a POE
2. Aliens interdicted at sea and brought to U.S.
3. Aliens present in the U.S. w/o having been admitted (previously entered w/o
Inspection)
3 elements to INA 101(a)(13) defining "admission" - Answer-1. Lawful entry
2. Inspection
3. Authorization
Admission exceptions/not considered to be admitted for immigration purposes - Answer-
1. An alien landing as temporary crew
2. An alien paroled into the U.S.
Admission: LPRs - Answer-A returning LPR who is NOT "seeking admission" is NOT
subject to the grounds of inadmissibility in INA 212(a)
LPRs are "seeking admission" only if they have: - Answer-O (been OUTSIDE US more
than 180 days), A (ABANDONED US LPR status), L (LEFT US while under removal
proceedings), I (engaged in ILLEGAL activity after departing US), C (committed
CRIMINAL offenses), E (ENTERED or are attempting to enter w/o Inspection)
For aliens to be subject to INA 212(a), the alien must be? - Answer-Applying for
admission or a visa
INA 212 removal options - Answer-Removal proceedings with an immigration judge,
visa waiver program refusal, expedited removal
When a removal order becomes final - Answer-1. Alien is immediately removed
2. Removal is through the means of transportation that brought alien to US
3. Bar to readmission is generally 5 years
The burden of proof in removal proceedings based on the grounds of inadmissibility
rests on? - Answer-The alien
Aliens that are not entitled to removal hearing (CAVES) - Answer-Crew, Aliens
inadmissible on national security grounds, Visa waiver program (VWP) applicants,
Expedited removal proceedings, Stowaways
Expedited removals that ARE subject to administrative review (CARL) - Answer-Citizen:
alien claiming to be USC, Asylum: Alien claiming asylum or is an asylee, Refugee: alien
admitted as refugee, LPR: lawful permanent resident
Under INA 235(c) a CBP officer shall remove aliens who? - Answer-Appear
inadmissible as a threat to national security
Name the five groups who are not entitled to a 240 removal hearing before an
immigration judge - Answer-CAVES
The only exception to administrative review of an expedited removal order is for an alien
who claims under penalty of perjury to be a(n)? - Answer-CARL
INA 212(d)(5)(A) - Answer-Secretary of homeland security has the right to grant parole
INA 240 - Answer-IJ determines admissibility hearing
Form I-862 - Answer-Initiated removal proceedings
Medical examinations and notifications - Answer-Only US Public Health Service medical
officers or licensed physicians with no less than 4 yrs of experience can conduct
medical exams
5 classes of aliens that are subject to a medical exam - Answer-1. Applicants for
admission
2. Applicants for immigrant visas
, 3. Applicants for nonimmigrant visas
4. Refugees
5. Applicants for adjustment of status
Can USCs be referred to a medical officer? - Answer-No, only aliens
Class A medical notification - Answer-Conclusive evidence that an alien is
INADMISSIBLE on health related grounds
Class B medical notification - Answer-1. Does not make an alien inadmissible on health-
related grounds
2. IJ May consider a class B as evidence that an alien has significantly impaired quality
of life and therefore may become a public charge
Documentation of vaccinations (IA2) are only applied to aliens seeking admission to
immigrants - Answer-Mumps, measles, rubella, polio, tetanus and diptheria, influenza
type b, hepatitis b, rotavirus
Under INA 212(a)(1)(A)(I) an alien is inadmissible if he or she - Answer-Fails to present
documentation of having received vaccination against vaccine preventable diseases
(charge applies when documentation is missing)
Who has the authority to determine the physical or mental condition of an alien? -
Answer-UPHS medical officers or licensed physicians no less than 4 years of
experience
Physical/mental disorders: present (1A3.1) - Answer-1. Disorder presents a threat to the
SAFETY of the alien or others
2. Disorder doesn't make the alien inadmissible - the behavior that stems from that
disorder is the concern
3. Requires a class A medical notification
Physical/mental disorders: past (1A3.2) - Answer-Alien is inadmissible if he or she is
determined to have had a physical or mental disorder in the past is likely to recur or lead
to other harmful behavior
Drug abuser or addict (1A4) - Answer-An alien is inadmissible if he or she is determined
to be a drug abuser or addict (must be presently using or addicted) and requires class A
medical notification
Public charge - Answer-The receipt of public cash assistance for income maintenance
or institutionalization for long term care at government expense
Public charge (4A) - Answer-1. An alien is inadmissible if he or she is likely to become a
public charge
2. Purpose is to protect the U.S. from financial burden
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