Helx The assignment consists of multiple choice, true / false, short answer, and essay questions. Points will be deducted for improper grammar and incorrect spelling. Additionally, if your answers do not incorporate legal terminology from this course or use the terms incorrectly, then points will also be deducted from your essay answers.
1. Explain what voluntary departure means in an immigration context, along with the timeframe, document requirements for it, and any benefits of it for the alien.
2. Explain what is meant by a “frivolous asylum application,” the penalties for filing a frivolous asylum application, and what must happen for the penalties to attach.
3. What are two (2) benefits of a foreign national receiving asylum rather than withholding of removal?
4. Aside from the alien’s name, state three (3) other allegations against the alien that are contained in a Notice to Appear, state who issues the Notice to Appear, and explain what the Notice to Appear is.
5. Explain the differences between affirmative asylum and defensive asylum, including a list of the five differences between the two filing processes
6. State five (5) specific acts that give rise to disciplinary action by adjudicating officials of the Board of Immigration Appeals (BIA) against immigration attorneys or accredited BIA representatives who commit the acts.
7. Name 5 of the 6 most common reliefs from removal that are requested before the Immigration Court for the Immigration Judge to decide.
8. At age 16, Mary from Peru comes in to see you. She says that she has heard about Special Immigrant Juvenile Status. She believes she qualifies based upon somethings she has suffered and being abandoned. Please explain what Mary would need to show to make a SIJ application, and what would need to happen in the state courts in order for her to stay in the United States, as well as whether she would need to file anything with USCIS.
9. Frederick, from Rwanda, came to the United States on a F1 student visa and stopped attending school. One month later, Frederick was stopped by the police while driving with a broken headlight, and they referred him to USICE. You are an USICE attorney and need to write up a “Notice to Appear.” Will Frederick be charged under INA § 212 (a) inadmissibility grounds or INA § 237 (a) deportability grounds. What is the basis and explanation for your answer?
10. Dimitri met with you on December 15, 2020, and is seeking asylum because his political opinion causes him to oppose his government. His I-94 card shows that he was admitted to the United States on December 21, 2019.
A. Can he apply for asylum, and if so, when must he file by? (3 points)
B. If not, what might he be able to apply for instead of asylum? (2 points)
11. Jose is a Mexican national who crossed the U.S. border and entered without inspection (EWI) in 1996. He has never left the United States since his arrival, and he has maintained continuous presence in the United States for the past 24 years. He is married to a U.S. citizen, and they have 2 minor children together. Jose and his spouse run a landscaping business together, although his wife is needed at home often to case for their kids. Last year, they bought a house and have a substantial mortgage, but it is a good home for their family. Unfortunately, their youngest daughter has had seizures and has been diagnosed with epilepsy. Jose was recently placed in removal proceedings before the U.S. Immigration Court, and he was terrified of being incarcerated around a bunch of criminals because he has never been arrested or committed any crimes.
If his spouse files in I-130 petition for alien relative on his behalf, Jose cannot adjust his status to a LPR while he is inside the United States by filing an I-485 application for adjustment of status, because he entered the U.S. without inspection (EWI) . If his spouse has an I-130 petition approved on his behalf, Jose knows that he would have to travel to the U.S. Embassy in Mexico and file his immigrant visa application there in order to apply for an immigrant visa in order to return. However, his daughter’s medical condition is worsening, and she will need to undergo multiple surgeries over the next several years in order to address her medical needs. His wife is completely distraught over the thought of Jose being deported because she needs him by her side to help her financially, emotionally, and physically in caring for their children.
A. Based upon these facts, what is the name of the application that Jose may be eligible to file before the U.S. Immigration Court that would allow him to become an LPR if it was approved by the immigration judge? (4 points)
B. What factors / elements would Jose have to demonstrate to the Immigration Court in order to show that he qualifies for eligibility? (10 points)
C. Finally, identify 3 pieces of evidence you would tell Jose to gather and submit to the Immigration Court to support this application. (6 points)
12. Demonstrate your knowledge regarding inadmissibility by answering the following:
A. State the explanation of the term “inadmissibility” as it relates to immigration, and what form is filed to overcome inadmissibility (3 points)
B. State five (5) reasons why a foreign national may be inadmissible to the U.S (5 points)
C. Who bears the burden of proof to show that a foreign national is not inadmissible? (2 points)
D. Name five (5) hardship factors that the BIA has articulated as relevant when deciding if extreme hardship exists for a qualifying relative that warrants granting a waiver of inadmissibility (5 points)
E. For each factor listed above, state an example of a corresponding piece of evidence that a foreign national could submit to demonstrate the hardship factor that you cited. (For example, if I needed to prove that I owned a car, corresponding pieces of evidence would be the vehicle title, vehicle registration, or even a purchase agreement for the vehicle.) (5 points)
13. Explain the five (5) eligibility requirements for asylum, explain and define the term “persecution” in regards to asylum, list the enumerated grounds for asylum, name two (2) bars to asylum, and three (3) benefits of asylum.
points for five eligibility requirements
points for explaining and defining “persecution”
points for listing enumerated grounds
points for 2 bars to asylum
points for 3 benefits of asylum
14. This essay question is designed to be cumulative of immigration issues that you have learned about over the duration of this course. I am looking for you to issue spot an explain at least 5 different immigration issues or topics that may exist in this scenario. For each issue or topic that you spot, name it, state who the issue or topic affects, and state your reasoning as to whether or not the issue or topic will cause problems for the person you named.
Ronaldo is a citizen of Venezuela, who is traveling to see his US citizen son Juan, who is 22 years old. Ronaldo brings with him Juan’s 8 year old sister Maria, who is Ronaldo’s daughter. Both Ronaldo and Maria lawfully enter the U.S. on visitor visas after they are inspected and admitted into the U.S. by USCBP. They are allowed to stay until January 31, 2018 when their visas expire. Both decide to stay longer than permitted. Maria enrolls in grade school in September 2019. Ronaldo starts working for a grocery store using a fake social security card and state I.D. that he purchased from a “friend.” One day at work, an USICE officer appears to check on “work place compliance,” and USICE asks Ronaldo for his identity documents. Nervously, Ronaldo hands him the fake state ID card and fake social security card. The USICE Officer runs the ID and finds out that it belongs to a man who is wanted for felonious assault, and when the officer questions him, Ronaldo admits that it is a fake document. The USICE tells Ronaldo that he is going to place him into removal proceedings, and Ronaldo tells the officer that he fears returning to Venezuela because he fears that he will be persecuted because he opposes the government there. Ronaldo says that one year before he came to the U.S. he led a rally to elect a different government official, and he was arrested by police in Venezuela, imprisoned for 2 weeks, and beaten daily. Ronaldo posts bond, and while he is awaiting his first appearance before the Immigration Court, an earthquake hits Venezuela creating a state of emergency.