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 2 nd 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 2 nd 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; and 2.Continuously lived in U.S. for 7yrs.; and 3.Not convicted of an aggravated felony; and 4.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; and 2.Good moral character for those 10 yrs; and 3.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 pardon 2.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 admission 3.The government’s own record keeping 4.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