Please state first if the person below will be correctly charged with deportability or with inadmissibility if
Question:
- Please state first if the person below will be correctly charged with deportability or with inadmissibility if placed in removal proceedings by ICE. Then, if you think the person is deportable or inadmissible, state the name of the ground that might apply. (e.g., "unlawful presence permanent bar inadmissibility" or "public charge inadmissibility" or "controlled substance conviction deportability"). If the person is inadmissible or deportable for more than one ground, state ALL such grounds. Finally, if the person will be charged with deportability, state whether they will also be admissible if they try to immigrate or re-immigrate in the future and for what ground(s).
EXAMPLE: George has been an LPR since 2003 and has never left the U.S. since then. George was convicted in 2013 for an armed robbery he committed in 2012, and received a 2-year sentence. He has no other convictions.
ANSWER: George is deportable. Deportability ground is "aggravated felony," either theft related or possibly "crime of violence" related, due to the sentence of one year or more. If George tries to re-immigrate he will likely be inadmissible for a "crime involving moral turpitude" (CIMT) ground of inadmissibility. (Note: George is NOT deportable for just one CIMT because it was not committed within 5 years of admission).
1. Julia overstayed her student visa status in 2018 and remained in the U.S. She has been receiving Medicaid for a back injury she suffered in the U.S. in 2020, and is not working presently. Julia married an LPR, immediately applied for adjustment of status, and was placed in removal proceedings.
2. Marta came to the U.S. from Mexico with a border crossing card in 1995 and remained. In 1999, she went to back to Mexico because her mother was ill, and crossed the border back into the U.S. illegally.
3. John, a permanent resident, came to the U.S. on a tourist visa in 2012. He never left and in 2016 adjusted status to LPR. In 2018, with no prior convictions, he committed and was convicted for domestic violence with willful intent to cause great bodily injury and sentenced to one year in prison.
4. Benny immigrated to the U.S. as an immediate relative of a U.S. citizen, but it was not a bona fide marriage.
5. Cho was ordered deported and removed in 2005. She re-entered the U.S. in 2016 with a visa, but didn't tell the consulate that she had a prior deportation.
6. Francoise is 15 years old and came to the U.S. illegally. Francoise was found guilty in juvenile court of possession of cocaine. She states she last used cocaine 9 months ago.
Income Tax Fundamentals 2013
ISBN: 9781285586618
31st Edition
Authors: Gerald E. Whittenburg, Martha Altus Buller, Steven L Gill