IMMIGRATION AND NATURALIZATION LAW – PROFESSOR INGBER

Final Examination

Spring 2000

 

 

This examination has five parts.  Each is worth 20 points.

 

If the exam is unclear for some administrative reason (illegible copy) let me know if I am in the room or if not, then let the proctor know.  If a substantive issue is unclear, make a note of it in the margin stating the problem to the best of your ability.  Should you come across an issue which you feel is inappropriately on the exam, please mention this in the margin and then try to answer the question as best you can.  If you determine that facts are lacking which are essential for a complete answer, point this out, suggest facts that you feel would be useful and then answer the question to the best of your ability.

 

It is important to identify issues and to discuss them fully.  Your answers should apply to the principals of law and the policy considerations that you have learned during the course.  Please clearly focus on the specific issues and explain how the facts lead you to your conclusions.

 

This is a closed book examination and no notes are permitted.  Attached to the exam is this months listing of immigrant visa number availability.  Use it as you deem appropriate.

 

Lastly, this is a 2 hour exam for which you will be allowed to write for up to 2 ½ hours.  Those of you who attended class regularly, I expect, will fare better than those who did not.  Good luck!

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

I.

(25 points)

 

 

Short responses are expected – no more than 2 paragraphs per question.

 

1.                  What are the roles of the various federal agencies involved with the I & N Act?

 

2.                  Discuss the significance of Form I-9.

 

3.                  Why is it advantageous for a Permanent Resident to naturalize?

 

4.                  What does it mean to be a Conditional Permanent Resident?

 

5.                  Distinguish between “visa” and “status”.

 

6.                  What is meant by “priority date”?  List the various ways that this is established.

 

7.                  “Cancellation of Removal” – what is meant by this?

 

8.                  Refugee and Asylum – define and explain.

 

9.                  Discuss the reference made in the course to the “double check system”.

 

10.              With the exception of spouses, parents, and children of U.S. citizens, generally explain which other family relatives may immigrate to the U.S.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

II.

(20 points)

 

Please evaluate the 10 different fact situations and choose the most appropriate classification symbol in the key for your answer.  Assume that the alien is abroad.  You may select more than one classification twice and there may be instances in which no classification is appropriate.

USC = United States Citizen; LPR = Lawful Permanent Resident;

 

To obtain credit, all answers must be recorded in your blue book.

 

1.                  40-year-old recently divorced Canadian mother of 3 whose elderly parents are LPRs.

 

2.                  Argentinean country director of 3M in Buenos Aires now being transferred to Woodbury.

 

3.                  Cuban star baseball player with international reputation for hitting and base stealing.

 

4.                  Irish woman in her 90s (and very healthy) who’s sole surviving kin is a widowed 50-year-old granddaughter born in Iowa.

 

5.                  15-year-old genius from Moscow accepted as a freshman by Harvard next fall.

 

6.                  18 year old married Mexican with 2 USC brothers and USC mother living in El Paso.

 

7.                  Lithuanian furniture manufacturer attending a big trade show in North Carolina.

 

8.                  Indian software developer with a 100K job offer from Microsoft in Seattle.

 

9.                  Experienced Middle East chef who is the beneficiary of a labor certification who is now ready to emigrate from Amman.

 

10.              Philippines – born registered nurse working in Winnipeg where she became a citizen years ago who has just accepted a head nursing position at a major hospital in Fargo.

 

NONIMMIGRANT CLASSIFICATIONS                       IMMIGRANT CLASSIFICATIONS

                                B-1                                                                           Family-based (FB)

                                E-2                                                                                          IR

                                F-1                                                                                          FB1

                                F-2                                                                                         FB2

                                H-1B                                                                                        FB3

                                H-2B                                                                                        FB4

                                H-3                                                                           Employment-based (EB)

                                H-4                                                                                           EB1

                                J-1                                                                                            EB2

                                K-1                                                                                           EB3

                                L-1                                                                                                             

                                M-1                                                        NO CLASSIFICATION (NC)

                                O-1

                                P-1

                                TN

III.

(25 points)

 

 

Being a conscientious student, you did very well at William Mitchell and graduated with honors.  You then obtained a highly prized associate position at one of the top law firms in the Twin Cities.  The founding partner, hearing that you got the best grade in your immigration class, invites you to a meeting with an important firm client to discuss a candidate for hire.

 

The information services consulting firm wants to hire Dilip, a native of Bombay also graduating this month at the top of his MBA class at the University of Minnesota.  His focus has been on MIS and in addition to a Bachelor’s Degree in engineering, Dilip accumulated 5 years of highly focused experience working in several countries.  The offer can’t be refused and the firm wants him in place no later than June 15.

 

Dilip is married to Sakina who was born in Karachi.  They have 2 children, ages 19 and 16, the youngest having been born in Boston when her mom was there on a Fulbright.  Dilip has another daughter, Ann, (the result of an illicit relationship) who was born in 1980 in Seattle while Dilip was a high school exchange student there.  Dilip and Ann have always been in touch with each other and Dilip, with the help of his rich parents, has always financially supported Ann.  Sakina knows nothing about this.  Sakina, a physical therapist in Pakistan, really likes the Twin Cities now that her parents, LPRs since the early 90s, moved here from Hawaii to get away from the Japanese.  Sakina descends from a long line of economically powerful, militaristic, and politically potent family members in Pakistan who currently are in strong disfavor by the ruling political party. 

 

Sitting in their campus apartment for the past couple of years while Dilip and the kids went about their activities, Sakina has not dealt well with boredom.  In addition to being arrested twice for shoplifting at the Mall of America, she has been accused on a few occasions of soliciting for prostitution.

 

With this information before you and understanding that the company wants Dilip, Dilip and Sakina want the IS company and want to live in the U.S. for the rest of their lives, you have been asked to sketch out a plan for how this can happen.  Include the steps to be taken, the issues of concern, alternatives, what else needs to be known, and provide a timetable.

 

 

 

 

 

 

 

 

 

 

 

IV.

(30 points)

 

Having been identified as one of the better students in your immigration class at William Mitchell, you have been invited to be the guest speaker at different meetings.  The topic, of course, is Elian, and everybody wants an opinion from an expert on the immigration policy considerations. You need to give your speeches in May.  What will you chose to focus on, why, and how will you hope to accomplish your objectives when you speak to the following groups:

 

·        The William Mitchell graduating class of 2000.

 

·        250 successful applicants for naturalization, (most of whom are from the former Soviet Union and Cuba) at a naturalization ceremony in Miami.

 

·        The annual national meeting of the Parent-Teacher Association in Chicago.

 

·        The National Press Counsel in Washington, D.C.