BPA BPA Immigration Law and Policy 2 — Questions and Answers
Question 1: What is 'voluntary return' (also called voluntary departure) in immigration enforcement?
- An individual is forcibly removed by agents on a government flight
- An individual agrees to leave the country without a formal removal order (Correct answer)
- An individual is granted temporary protected status
- An individual is paroled into the U.S. pending a hearing
Correct answer: An individual agrees to leave the country without a formal removal order
Voluntary return allows an individual to leave without a formal order of removal, which avoids the multi-year bar on reentry that deportation carries.
Question 2: Which document authorizes a non-citizen to live and work permanently in the United States?
- B-2 Tourist Visa
- Form I-94 Arrival/Departure Record
- Lawful Permanent Resident Card (Green Card) (Correct answer)
- Employment Authorization Document (EAD)
Correct answer: Lawful Permanent Resident Card (Green Card)
The Lawful Permanent Resident Card (commonly called a Green Card) grants indefinite authorization to live and work in the U.S.
Question 3: What does the term 'parole' mean in U.S. immigration law?
- Release from prison after serving a sentence
- Permission for an otherwise inadmissible individual to enter the U.S. temporarily for urgent reasons (Correct answer)
- A formal grant of U.S. citizenship
- Transfer of custody to a local law enforcement agency
Correct answer: Permission for an otherwise inadmissible individual to enter the U.S. temporarily for urgent reasons
In immigration law, parole allows an individual to enter the U.S. temporarily on humanitarian or significant public benefit grounds without being formally admitted.
Question 4: What is the 'credible fear' standard in asylum law?
- The applicant must prove persecution is 100% certain
- The applicant must show a significant possibility of establishing eligibility for asylum (Correct answer)
- The applicant must have a sponsor in the U.S.
- The applicant must have previously applied in another country
Correct answer: The applicant must show a significant possibility of establishing eligibility for asylum
A credible fear finding requires a significant possibility that the applicant can establish eligibility for asylum, triggering the right to a full hearing.
Question 5: Under which law is the U.S. Border Patrol primarily authorized to enforce immigration laws?
- The Homeland Security Act of 2002
- The Immigration and Nationality Act (INA) of 1952, as amended (Correct answer)
- The USA PATRIOT Act of 2001
- The Border Security, Economic Opportunity, and Immigration Modernization Act
Correct answer: The Immigration and Nationality Act (INA) of 1952, as amended
The Immigration and Nationality Act (INA) of 1952, with subsequent amendments, is the foundational statute governing U.S. immigration and Border Patrol enforcement authority.
Question 6: Which form is used by Border Patrol to document the apprehension of an individual who entered the U.S. illegally?
- Form I-9
- Form I-213 (Correct answer)
- Form I-485
- Form DS-160
Correct answer: Form I-213
Form I-213 (Record of Deportable/Inadmissible Alien) is the CBP document used to record the apprehension and biographical details of individuals encountered in the field.
What is 'voluntary return' (also called voluntary departure) in immigration enforcement?