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Cancellation Of Removal
Cancellation of removal is a provision of the Immigration and Nationality Act (INA) of the United States that allows some aliens who are in removal proceedings, who have lived in the United States for a long period of time and meet certain other conditions, to apply to remain in the United States and have the removal proceedings terminated.INA § 240A(a), Cancellation of removal was crafted by the U.S. Congress to replace "suspension of deportation," a similar form of relief available prior to April 1, 1997.''Othi v. Holder''734 F.3d 259 264-65 (4th Cir. 2013) ("In 1996, Congress 'made major changes to immigration law' via IIRIRA. . . . These IIRIRA changes became effective on April 1, 1997."). Cancellation of removal is potentially available to aliens. A non-Lawful permanent resident (LPR) who is granted cancellation of removal becomes an LPR.INA § 240A(b), ("Cancellation of removal and adjustment of status for certain nonpermanent residents"). Background Prior to April 1, ...
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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 othe ... {{sia ...
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Color Terminology For Race
Identifying human races in terms of skin color, at least as one among several physiological characteristics, has been common since antiquity. Such divisions appeared in rabbinical literature and in early modern scholarship, usually dividing humankind into four or five categories, with color-based labels: red, yellow, black, white, and sometimes brown. It was long recognized that the number of categories is arbitrary and subjective, and different ethnic groups were placed in different categories at different points in time. François Bernier (1684) doubted the validity of using skin color as a racial characteristic, and Charles Darwin (1871) emphasized the gradual differences between categories. Today there is broad agreement among scientists that typological conceptions of race have no scientific basis. History Antiquity to 1600s Categorization of racial groups by reference to skin color is common in classical antiquity. For example, it is found in e.g. ''Physiognomica'', a ...
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Statutory Law
Statutory law or statute law is written law passed by a body of legislature. This is opposed to oral or customary law; or regulatory law promulgated by the executive or common law of the judiciary. Statutes may originate with national, state legislatures or local municipalities. Codified law The term codified law refers to statutes that have been organized ("codified") by subject matter; in this narrower sense, some but not all statutes are considered "codified." The entire body of codified statute is referred to as a "code," such as the United States Code, the Ohio Revised Code or the Code of Canon Law. The substantive provisions of the Act could be codified (arranged by subject matter) in one or more titles of the United States Code while the provisions of the law that have not reached their "effective date" (remaining uncodified) would be available by reference to the United States Statutes at Large. Another meaning of "codified law" is a statute that takes the c ...
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Law Of The United States
The law of the United States comprises many levels of codified and uncodified forms of law, of which the most important is the nation's Constitution, which prescribes the foundation of the federal government of the United States, as well as various civil liberties. The Constitution sets out the boundaries of federal law, which consists of Acts of Congress, treaties ratified by the Senate, regulations promulgated by the executive branch, and case law originating from the federal judiciary. The United States Code is the official compilation and codification of general and permanent federal statutory law. Federal law and treaties, so long as they are in accordance with the Constitution, preempt conflicting state and territorial laws in the 50 U.S. states and in the territories. However, the scope of federal preemption is limited because the scope of federal power is not universal. In the dual sovereign system of American federalism (actually tripartite because of the pre ...
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Statelessness
In international law, a stateless person is someone who is "not considered as a national by any state under the operation of its law". Some stateless people are also refugees. However, not all refugees are stateless, and many people who are stateless have never crossed an international border. On November 12, 2018, the United Nations High Commissioner for Refugees stated there are about 12 million stateless people in the world. Causes Conflict of law Conflicting nationality laws are one of the causes of statelessness. Nationality is usually acquired through one of two modes, although many nations recognize both modes today: * '' Jus soli'' ("right of the soil") denotes a regime by which nationality is acquired through birth on the territory of the state. This is common in the Americas. * '' Jus sanguinis'' ("right of blood") is a regime by which nationality is acquired through descent, usually from a parent who is a national. Almost all states in Europe, Asia, Africa, and ...
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Waiver Of Inadmissibility (United States)
An Application for Waiver of Grounds of Inadmissibility is an application for legal entry to the United States made by an individual who is otherwise inadmissible on one or more grounds. The application is submitted to the consular office, U.S. Citizenship and Immigration Services office or immigration court considering the immigrant visa or adjustment of status application.8 CFR 212.7(a)(1)(i) Otherwise Inadmissible persons Persons may be inadmissible to the United States for any one of the grounds for excludability listed below. Health Related Grounds * Communicable diseases of public health significance. This currently includes Class A Tuberculosis, Chancroid, Gonorrhea, Granuloma inguinale, Lymphogranuloma venereum, Syphilis, Leprosy or any other communicable disease as determined by the U.S. Secretary of Health and Human Services. Individuals diagnosed with these illnesses may apply for a Waiver of Ground of Inadmissibility on Form I-601. * Refusal of required vaccinations ...
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Deportation Of Americans From The United States
Deportation of Americans from the United States is the wrongful expulsion, return or extradition of Americans to other countries, often after being convicted of a crime. These individuals in removal proceedings include Americans by birth and legal immigrants that were naturalized under or admitted as nationals of the United States under the Child Citizenship Act of 2000. A U.S. citizen cannot legally be deported, and thus can return to the United States at any time. Legal background Some have been placed in immigration detention centers to be deported but were later released. "Recent data suggests that in 2010 well over 4,000 U.S. citizens were detained or deported as aliens". Under , any officer mentioned in may at any time, '' inter alia'', cancel a "notice to appear" against any person who: (1) turns out to be a national of the United States; or (2) one that is not removable under the Immigration and Nationality Act (INA). And under , any Immigration Judge may termi ...
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Exceptional And Extremely Unusual Hardship
Exceptional and extremely unusual hardship is a legal term in the United States, primarily in the Immigration and Nationality Act (INA). United States Immigration and Nationality Act The term "exceptional and extremely unusual hardship" is mentioned in a number of statutes of the Immigration and Nationality Act (INA),See generally {{uscsub, 8, 1229b, b, 1, D which was enacted by the U.S. Congress in 1952 and amended a number of times over the past sixty years. The terms "exceptional and extremely unusual hardship" and "extreme hardship" are not synonymous but obviously different from each other.''Matter of Montreal''23 I&N Dec. 56 64 ( BIA 2001) (en banc) ("This case presents a good example of the difference between the 'extreme hardship' and the 'exceptional and extremely unusual hardship' standards."). Under the INA, effects of certain grounds to deportability can be waived by immigration officers under the U.S. Secretary of Homeland Security or by immigration judges under ...
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Title 8 Of The United States Code
Title 8 of the United States Code codifies statutes relating to aliens and nationality in the United States Code. Chapters 1-11 * : General Provisions (repealed or omitted) * : Elective Franchise (transferred) * : Civil Rights (transferred/repealed) * : Freedmen (omitted) * : Alien Ownership of Land (transferred/omitted) * : Immigration (transferred/omitted/repealed) * : Exclusion of Chinese (omitted/repealed) * : The Cooly Trade (repealed) * : Miscellaneous Provisions (repealed or transferred) * : Alien Registration (repealed) * : Nationality (repealed or transferred) : Immigration and Nationality Subchapter I: General Provisions : : Definitions : : Diplomatic and semidiplomatic immunities : : Powers and duties of the Secretary, the Under Secretary, and the Attorney General : : Powers and duties of Secretary of State : : Liaison with internal security officers; data exchange : : Employment authorization for battered spouses of certain nonimmigrants : is repealed. : : Add ...
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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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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 o ...
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Lawful Permanent Resident (United States)
A green card, known officially as a permanent resident card, is an identity document which shows that a person has permanent residency in the United States. ("The term 'lawfully admitted for permanent residence' means the status of having been lawfully accorded the privilege of residing permanently in the United States as an immigrant in accordance with the immigration laws, such status not having changed."). Green card holders are formally known as lawful permanent residents (LPRs). , there are an estimated 13.9 million green card holders, of whom 9.1 million are eligible to become United States citizens. Approximately 65,000 of them serve in the U.S. Armed Forces. Green card holders are statutorily entitled to apply for U.S. citizenship after showing by a preponderance of the evidence that they, among other things, have continuously resided in the United States for one to five years and are persons of good moral character.''Al-Sharif v. United States Citizenship and Immigra ...
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