Voluntary Departure (United States)
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Voluntary Departure (United States)
Voluntary departure in the Immigration and Nationality Act (INA) of the United States is a legal remedy available to certain aliens who have been placed in removal proceedings by the former U.S. Immigration and Naturalization Service (INS) or the now Department of Homeland Security (DHS). ("Voluntary departure"); ''Hashish v. Gonzales''442 F.3d 572 577-78 ( 7th Cir. 2006); ''Matter of Arguelles''22 I&N Dec. 811( BIA 1999) (en banc). There is a related process called voluntary return or, in more formal parlance, administrative voluntary departure. This refers to a case where an alien is stopped from entering at a land border (by United States Border Patrol) and agrees to voluntarily return instead of undergoing expedited removal. A key difference between voluntary departure and voluntary return is that in the case of voluntary return, the alien never enters the United States, and therefore accrues no unlawful presence. The time between the alien arriving at the port and agreeing ...
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Immigration And Nationality Act
The U.S. Immigration and Nationality Act may refer to one of several acts including: * Immigration and Nationality Act of 1952 * Immigration and Nationality Act of 1965 * Immigration Act of 1990 See also * List of United States immigration legislation * Border Security, Economic Opportunity, and Immigration Modernization Act of 2013 The Border Security, Economic Opportunity, and Immigration Modernization Act of 2013 (Bill S.744) was a proposed immigration reform bill introduced by Sen. Charles Schumer ( D- NY) in the United States Senate. The bill was co-sponsored by the oth ... {{sia ...
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Immigration Judge (United States)
An immigration judge, formerly known as a special inquiry officer, is an employee of the United States Department of Justice who confers U.S. citizenship or nationality upon lawful permanent residents who are statutorily entitled to such benefits. An immigration judge also decides cases of aliens in various types of removal proceedings. During the proceedings, an immigration judge may grant any type of immigration relief or benefit to an alien, including to his or her family members. An immigration judge is appointed by (and works under the direction of) the U.S. Attorney General. In other words, under the Immigration and Nationality Act (INA), immigration judges act as representatives of the Attorney General and can only act according to authority delegated by the Attorney General (such as under the regulations) or by the INA. There are approximately 465 immigration judges located across the United States. An immigration judge can either be a citizen or a national of the United ...
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Adjustment Of Status
Adjustment may refer to: *Adjustment (law), with several meanings *Adjustment (psychology), the process of balancing conflicting needs *Adjustment of observations, in mathematics, a method of solving an overdetermined system of equations *Calibration, in metrology * Spinal adjustment, in chiropractic practice *In statistics, compensation for confounding variables See also *Setting (other) Setting may refer to: * A location (geography) where something is set * Set construction in theatrical scenery * Setting (narrative), the place and time in a work of narrative, especially fiction * Setting up to fail a manipulative technique to eng ... {{disambiguation ...
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Immigration And Nationality Act Of 1965
The Immigration and Nationality Act of 1965, also known as the Hart–Celler Act and more recently as the 1965 Immigration Act, is a federal law passed by the 89th United States Congress and signed into law by President Lyndon B. Johnson. The law abolished the National Origins Formula, which had been the basis of Immigration to the United States, U.S. immigration policy since the 1920s.Greenwood, M. J., & Ward, Z. (2015). Immigration quotas, World War I, and emigrant flows from the United States in the early 20th century. Explorations in Economic History, 55, 76–96. https://doi.org/10.1016/j.eeh.2014.05.001 The act removed ''de facto'' discrimination against Southern Europe, Southern and Eastern Europeans, Asian people, Asians, as well as other non-Western Europe, Western and Northern European ethnic groups from Immigration to the United States, American immigration policy. The National Origins Formula had been established in the 1920s to preserve American homogeneity by promo ...
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Immigration Act Of 1990
The Immigration Act of 1990 () was signed into law by George H. W. Bush on November 29, 1990. It was first introduced by Ted Kennedy, Senator Ted Kennedy in 1989. It was a national reform of the Immigration and Nationality Act of 1965. It increased total, overall immigration to allow 700,000 immigrants to come to the U.S. per year for the fiscal years 1992–94, and 675,000 per year after that. It provided family-based immigration visa, created five distinct employment based visas, categorized by occupation, and a diversity visa program that created a lottery to admit immigrants from "low admittance" countries or countries whose citizenry was underrepresented in the U.S. Besides these immigrant visas there were also changes in Nonimmigrant visa, nonimmigrant visas like the H-1B visa for highly skilled workers. There were also cutbacks in the allotment of visas available for extended relatives. Congress also created the temporary protected status (TPS visa), which the Attorney Gen ...
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Aggravated Felony
The term aggravated felony was used in the United States immigration law to refer to a broad category of criminal offenses that carry certain severe consequences for aliens seeking asylum, legal permanent resident status, citizenship, or avoidance of deportation proceedings. Anyone convicted of an aggravated felony and removed from the United States "must remain outside of the United States for twenty consecutive years from the deportation date before he or she is eligible to re-enter the United States." The supreme court ruled 5-4 in Sessions v. Dimaya that the residual clause was unconstitutionally vague limiting the term. When the category of "aggravated felonies" was first added to the Immigration and Nationality Act in 1988, as a response to heightened concerns about drug abuse, it encompassed only murder and trafficking in drugs or firearms. The Antiterrorism and Effective Death Penalty Act of 1996 (AEDPA) and the Illegal Immigration Reform and Immigrant Responsibility Act of ...
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Anti-Drug Abuse Act Of 1988
The Anti-Drug Abuse Act of 1988 (, ) is a major law of the War on Drugs passed by the U.S. Congress which did several significant things: # Created the policy goal of a drug-free America; # Established the Office of National Drug Control Policy; and #Restored the use of the death penalty by the federal government. The change from the Act of 1986 to the Act of 1988 concerns the mandatory minimum penalties to drug trafficking conspiracies and attempts that previously were applicable only to substantive completed drug trafficking offenses. The Act amended 21 U.S.C. 844 to make crack cocaine the only drug with a mandatory minimum penalty for a first offense of simple possession. The Act made possession of more than five grams of a mixture or substance containing cocaine base punishable by at least five years in prison. The five year minimum penalty also applies to possession of more than three grams of cocaine base if the defendant has a prior conviction for crack cocaine possessi ...
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Illegal Immigration Reform And Immigrant Responsibility Act Of 1996
The Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (IIRIRA or IIRAIRA), Division C of , made major changes to the Immigration and Nationality Act (INA). IIRIRA's changes became effective on April 1, 1997. Former United States President Bill Clinton asserted that the legislation strengthened "the rule of law by cracking down on illegal immigration at the border, in the workplace, and in the criminal justice system — without punishing those living in the United States legally". However, IIRIRA has been criticized as overly punitive "by eliminating due process from the overwhelming majority of removal cases and curtailing equitable relief from removal". A range of critiques have emerged concerning the provisions enacted with IIRIRA, such as the expansion of aggravated felonies, creation of the 287(g) program, reduction in due process rights, and intensified funding of border militarization. With IIRIRA, all noncitizens, regardless of legal status and includin ...
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Reinstatement Of Removal
Reinstatement of removal refers to an immigration enforcement procedure in the United States in which a previously deported immigrant can be again deported for subsequent illegal entries with no required judicial review except in very limited circumstances. History Existence before IIRIRA Prior to the Illegal Immigration Reform and Immigrant Responsibility Act of 1996, reinstatement of removal only applied to people previously deported (not excluded) on grounds relating to certain criminal convictions, failing to register, falsification of documents, or security or terrorist related grounds. Formalization in IIRIRA (1996, active since April 1997) Reinstatement of removal was introduced in legislation as part of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996, passed by the 104th United States Congress and signed into law by then-United States President Bill Clinton, and active as of April 1, 1997. Subsequent changes and refinements The practice of ...
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Stipulated Removal
Stipulated removal is a summary deportation procedure used in immigration enforcement in the United States. Stipulated removal occurs when a noncitizen who is facing removal proceedings and is scheduled for a hearing with an immigration judge signs a document stipulating that he is waiving the right to trial and to appeal, and is prepared to be removed immediately. The stipulation of removal must still be signed off by the judge before whom the hearing is to take place, but the noncitizen need not be physically presented to the judge. It is authorized under Section 240(d) of the Immigration and Nationality Act of 1965 According to Muhammed awwal July 28, 2015, publisher = Legal Information Institute Stipulated removal applies only to those who are scheduled for regular removal proceedings, and does not apply to people who are being removed through other summary procedures such History Stipulated removal was formally launched in 1995 with the stated goal of alleviating overcrowding ...
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Legal Immigration Family Equity Act
The Legal Immigration Family Equity Act of 2000, also known as the LIFE Act and as the Legal Immigration and Family Equity Act, along with its Amendments, made some changes to laws surrounding immigration for family members of United States citizens and Lawful Permanent Residents, as well as people eligible for employment-based immigrant visas, in the direction of making it easier for family members and immigrant workers to move to and adjust status within the United States. It was passed on December 21, 2000, as title XI of . Family-based and employment-based immigration and the development of long waiting times The basic framework for family-based and employment-based immigration was laid out in the Immigration and Nationality Act of 1965, and the categories were expanded, with a clear preference ordering, with the Immigration Act of 1990. The INA placed a limit of 20,000 on the number of immigrants from each country of chargeability within each year. For large countries i ...
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Adjustment Of Status
Adjustment may refer to: *Adjustment (law), with several meanings *Adjustment (psychology), the process of balancing conflicting needs *Adjustment of observations, in mathematics, a method of solving an overdetermined system of equations *Calibration, in metrology * Spinal adjustment, in chiropractic practice *In statistics, compensation for confounding variables See also *Setting (other) Setting may refer to: * A location (geography) where something is set * Set construction in theatrical scenery * Setting (narrative), the place and time in a work of narrative, especially fiction * Setting up to fail a manipulative technique to eng ... {{disambiguation ...
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