Immigration Laws

Immigration Laws

Question One

The U.S immigration laws denote inadmissibility to refer to an incident when the state cannot grant entry to an alien, or allow the individual to remain in the country. There are several reasons why an alien can be inadmissible, including a history of crime, ill health, or their unlawful presence in the United States (Justia). Firstly, the U.S. cannot allow an alien entry into the U.S if they receive a diagnosis for an infectious disease such as active tuberculosis. It also prohibits entrance to those who refuse to receive vaccinations against vaccine-preventable diseases. Also, if the alien bears a known history of multiple convictions for crimes such as human or drug trafficking and fraud, the law may render them inadmissible.

Question Two

Parole in immigration refers to an incident when authorized individuals within the U.S. Department of Homeland Security exercise discretion and grant temporal entry into the country to aliens who are either inadmissible or lack a legal basis for obtaining admittance (American Immigration Council). Often, the department usually considers parole if it determines that the individual contributes to specific urgent humanitarian efforts and that their absence may significantly undermine the achievement of those objectives. However, the process seldom guarantees the alien the attaining of legal immigration status or formal admission. Instead, the department provides them a defined period in which to accomplish their discrete aims then leave the country immediately. Finally, it is noteworthy to point out that the issuance of parole is also subject to the alien’s character and history of criminal activity.

Question Three

Removal refers to the expulsion of an alien out of the United States by order of the federal government. It could come about when an immigrant violates immigration laws or is found guilty of criminal activities that may pose a threat to the security of U.S citizens. Also, aliens that violate the terms of their visas are subject to removal (Bray). For instance, the law compels an alien that applies for a tourist or student visas to refrain from engaging in activities that deviate from their primary purpose of stay. Hence, a violation of these terms could make them subject to removal. Another factor that may influence deportation is when an individual becomes a public charge by displaying reliance on public assistance programs (Bray). Often, the U.S. provides admission to aliens that can prove the presence of a sponsor or their ability to be independent. Hence, if an individual cannot meet this condition at any point in their stay, they become inadmissible, and, thus, subject to immediate removal.

Question Four

Inadmissibility vs. Removability – Case Analysis

Gaetano violated immigration laws when he started his business in the U.S without obtaining additional visa status (Jacobs). Firstly, immigration laws require students to commit themselves to their undergraduate degree program for at least a year. However, Gaetano only completed a semester. This fact makes him ineligible for obtaining a new visa status to start working hence removable.

In regards to Concetta, she is inadmissible to the United States since she violated her immigration status on her previous stay in the country. Her husband was no longer in college, but she continued to stay in the U.S on a visa granted for spouses of international students. In this manner, their immigration violations for the couple are different hence making Gaetano subject to deportation while Concetta is subject to removal.

Works Cited

American Immigration Council. “The Use of Parole under Immigration Law.” (2018). Accessed. December 2, 2019.

https://www.americanimmigrationcouncil.org/research/use-parole-under-immigration-law

Bray, Ilona. “Legal Reasons a U.S. Immigrant may be Deported.” (2019). Accessed. December 2, 2019.

https://www.alllaw.com/articles/nolo/us-immigration/legal-reasons-immigrant-may-be-deported.html

Jacobs, Travis. “Can I Start A Business While In The U.S. on a Student Visa?” The Jacobs Law, LLC (2015). Accessed. December 2, 2019.

https://thejacobslaw.com/start-business-u-s-student-visa/

Justia. “Grounds for Inadmissibility to the United States | Justia.” (2018). Accessed. December 2, 2019. https://www.justia.com/immigration/grounds-of-inadmissibility/