Immigration Law & Regulations Flashcards

Which statute serves as the primary body of U.S. immigration law?

Answer: Immigration and Nationality Act of 1952

The INA of 1952, as amended, is the foundational statute governing U.S. immigration and nationality.

DHS regulations implementing the INA are primarily codified in which title of the Code of Federal Regulations?

Answer: Title 8 CFR

Title 8 CFR, 'Aliens and Nationality,' contains DHS and EOIR immigration regulations.

A noncitizen accrues 200 days of unlawful presence and then voluntarily departs the U.S. Which bar generally applies?

Answer: 3-year bar

Unlawful presence of more than 180 days but less than one year followed by departure triggers the 3-year bar under INA 212(a)(9)(B)(i)(I).

Unlawful presence of one year or more followed by departure triggers which inadmissibility bar?

Answer: 10-year bar

INA 212(a)(9)(B)(i)(II) imposes a 10-year bar after one year or more of unlawful presence.

Which INA section contains the public charge ground of inadmissibility?

Answer: INA 212(a)(4)

INA 212(a)(4) makes inadmissible those likely to become a public charge.

For most family-based Form I-864 sponsors, what minimum household income is required?

Answer: 125% of the Federal Poverty Guidelines

Sponsors generally must show income at 125% of the FPG, or 100% if on active military duty sponsoring a spouse or child.

Which agency's judges adjudicate asylum claims raised as a defense in removal proceedings?

Answer: Executive Office for Immigration Review

Immigration judges within EOIR, part of the Department of Justice, hear defensive asylum claims.