CA Immigration Specialist flashcards

32 cards. Read the term and the definition here. The deck at the top of this page is optional.

INA 101(a)(15)

Provision listing nonimmigrant visa classifications, including H-1B specialty occupation, F-1 student, B visitor, and L-1 intracompany transferee.

Aggravated felony

Deportable offense defined at 8 U.S.C. 1101(a)(43); includes certain crimes of violence with one-year sentences and drug trafficking, and triggers mandatory detention.

Padilla v. Kentucky

Supreme Court decision holding that defense counsel must advise noncitizen clients about deportation consequences of a guilty plea; deficient advice can violate the Sixth Amendment.

H-1B cap

Annual limit of 65,000 specialty occupation visas plus 20,000 for holders of U.S. master's degrees or higher; registration precedes petition selection.

Dual intent

Doctrine permitting certain nonimmigrant classifications, such as H-1B and L-1, to coexist with an intent to immigrate permanently without visa fraud.

STEM OPT extension

Additional 24 months of post-completion employment authorization for F-1 students with qualifying STEM degrees, requiring an employer training plan.

TN status

USMCA classification for Canadian and Mexican citizens in listed professions; Canadians may apply at a port of entry, Mexicans must obtain a consular visa.

Immediate relative

Spouse, unmarried child under 21, or parent of a U.S. citizen; exempt from numerical visa limits under INA 201(b).

INA 245(i)

Grandfathering provision allowing adjustment on payment of a $1,000 penalty for beneficiaries of petitions or labor certifications filed by April 30, 2001.

Affidavit of support

Form I-864 in which a sponsor pledges income at 125% of the federal poverty guideline to support the intending immigrant until citizenship or 40 quarters of work.

I-751 joint petition

Filing used by conditional permanent residents to remove conditions, submitted in the 90-day window before the second anniversary of conditional residence.

Visa bulletin charts

Monthly State Department publication showing final action dates and filing dates; final action dates control approval while filing dates may permit I-485 submission.

PERM labor certification

Employer application to DOL proving no able, willing, qualified U.S. worker is available and that employment will not adversely affect wages and working conditions.

Prevailing wage determination

DOL-issued wage level for the offered position, required before PERM recruitment begins and used to set the offered wage.

INA 204(j) portability

Provision allowing an I-485 applicant whose application has been pending 180 days to change jobs if the new position is in the same or similar occupation.

AC21 H-1B extension

One-year extensions beyond the six-year H-1B limit when an I-140 is approved but a visa number is unavailable or a labor certification has been pending 365 days.

Schedule A

DOL pre-certification list of occupations, including registered nurses and physical therapists, that do not require individual PERM recruitment.

One-year asylum deadline

Requirement that an asylum application be filed within one year of arrival unless the applicant shows changed or extraordinary circumstances excusing delay.

Particular social group

Protected ground requiring a group defined by an immutable characteristic, socially distinct, and not defined by the harm feared.

Withholding of removal

Protection under INA 241(b)(3) requiring a clear probability of persecution on a protected ground; no filing deadline and no path to permanent status.

Convention Against Torture

Protection requiring a likelihood of torture inflicted by or with the acquiescence of a public official; not tied to a protected ground.

Temporary Protected Status

Country-specific humanitarian status granted when conditions prevent safe return; requires continuous residence and physical presence from designated dates and is not a path to LPR status.

VAWA self-petition

Form I-360 petition filed by an abused spouse, child, or parent of a citizen or LPR, allowing independent pursuit of status without the abuser's cooperation.

Notice to Appear

Charging document commencing removal proceedings; must state the nature of proceedings, legal authority, alleged violations, and consequences of nonappearance.

LPR cancellation of removal

Relief under INA 240A(a) requiring 7 years continuous residence after admission, 5 years as an LPR, and no aggravated felony conviction.

Non-LPR cancellation

Relief under INA 240A(b) requiring 10 years continuous physical presence, good moral character, and exceptional and extremely unusual hardship to a qualifying relative.

Motion to reopen

Request to the immigration judge or BIA to reconsider a decision based on new evidence; generally filed within 90 days of the final order.

Voluntary departure

Permission to depart the United States at one's own expense by a set date; failure to depart triggers a 10-year bar under INA 240B(d).

Continuous residence

Naturalization requirement broken by absences over one year and presumed broken by absences over six months; may be preserved by Form N-470 in limited cases.

INA 320 derivative citizenship

Provision granting citizenship to children under 18 who reside in the U.S. in the legal and physical custody of a citizen parent after February 27, 2001.

Notario publico restriction

California law prohibiting non-attorneys from using the term notario publico in offering immigration services, as it misleads clients into believing the provider is an attorney.

DOJ-accredited representative

Non-attorney authorized to represent clients before USCIS and EOIR after accreditation by a recognized organization and DOJ approval.