This examination has four parts. The value of each part has been indicated and it is suggested that you consider this in apportioning your time. Each part may have various sub-parts. Please be sure to check the entire exam package to make sure that you have all the parts. No excuses will be accepted regarding an "inadvertent" failure to turn the page and thus failure to answer part of the exam.

If the exam is not clear for some administrative reason (illegible copy), let me know. If some substantive issue is unclear, make a note of it in the margin, stating the problem to the best of your ability. If you find an issue which I have stated in class would not be on the exam, note this in the margin and then answer the question to the best of your ability. If you find that a particular question lacks facts which are necessary to a complete answer, point this out, supply the facts which you believe are missing, and then go ahead and answer the question to the best of your ability.

It is important both to identify issues and discuss them fully. Your answers should apply to the principles of law and the policy considerations you have learned in this course, thoroughly explaining how the facts lead to your legal advice and/or conclusion.

As many of you know, President Clinton signed the Anti-Terrorism Bill into law on April 24, 1996. While you are not expected to be able to apply the immigration provisions of that law to this exam, an understanding of the significance of the recent events will unquestionably impress me.

As announced in class, you may use the green paperback West publication of selected statutes, regulations and forms. No other materials are permitted however attached to the exam is a listing of immigrant numbers available for this month to assist you in rendering up-to-date advice, as appropriate.

1. A decision by a Consular Officer to deny a visa is reviewable by:

2. Which of the following is true about all LPRs:

3. An alien who enters the U.S. without inspection is:

4. An applicant for asylum:

5. The following individuals may be subject to deportation:

6. In deportation cases, the burden of proof is:

7. When the U.S. Department of Labor issues a Labor Certification, it:

8. When an alien becomes an LPR he/she may lose this status by:

9. Which of the following statements are true:

10. Which of the following aliens is required to be the beneficiary of a Labor Certification in order to qualify for a green card:

11. Which of the following is not considered to be "relief from deportation":

12. A Apriority date@ for purposes of the system of numerical preferences is established when:

1. Discuss the different roles played by the State Department, the Justice Department, and the Labor Department in administrating the I&N Act.

2. Assuming an alien marries a USC, discuss the primary steps and timing for the alien to become a USC.

3. Discuss the most recent ground for seeking asylum.

4. List the ways in which an alien may become an LPR based on job skills without having to undergo the Labor Certification process.

5. What is the difference between exclusion and deportation?

Having heard that you have some expertise in immigration law, a major employer in town comes to you with a plan to hire Brent Morrow, a native of Winnipeg graduating from the University of Minnesota this month with an MBA. Brent's graduate studies have emphasized information systems and prior to coming to the University he spent several years working for a large corporation in Vancouver working with computer design as it relates to information management. His combination of experience, formal education, and "street smarts" have resulted in an attractive offer being extended for employment to commence June 1.

Brent is married to Sally, a native of Australia. They have two children together, the eldest turning 21 next February, and the youngest who is seven years old was born in North Dakota. Brent has another daughter who was born out of wedlock nineteen years ago in Duluth. They have always maintained a relationship with each other and Brent has financially supported this daughter without letting Sally know. Sally, a registered nurse in Canada, likes the Twin Cities particularly now that her father, an LPR since early 1991 moved here, from New Mexico where it was too hot for him. By the way, being the wife of a student has not been all fun for Sally during the past two years. One day, while at Bloomingdale's, she was caught shoplifting cosmetics resulting in a fine of $150.

You have learned all of this information during a meeting with the employer, Brent and Sally. Brent and Sally want to live in the US the rest of their lives. All of the parties ask you to sketch out a plan for this to happen. Please discuss what can be done, what steps need to be taken, what issues are of concern, what is important to know, etc., taking everything into consideration.

• English should be declared the official language of the United States.
• Children born in the United States of illegal alien parents should not automatically be deemed to be U.S. citizens.
• States should be allowed on an individual basis to withhold public education from undocumented children.
• Only citizens should be entitled to Social Security and other federal aid.
• Long term LPRs who are sentenced to five years or more in prison for an "aggravated felony" should be barred from being able to obtain relief from deportation.
• The INS should have enhanced discretionary powers to summarily exclude undocumented asylum seekers either interdicted on the high seas or arriving on our shores without proper passports or visas.

What's right or what's wrong with these assertions? You may choose one or several of these concerns to discuss taking a position one way or the other in support or opposed to these statement(s).

IMMIGRANT NUMBERS FOR MAY 1996

A. STATUTORY NUMBERS (This communication provides priority dates and other transitional information as taken from the State Department's Visa Bulletin released April 9, 1996.)

On the following chart, the listing of a date for any class indicates that the class is oversubscribed; AC@ means current, i.e., numbers are available for all qualified applicants; and AU@ means unavailable, i.e., no numbers are available.

*NOTE: For MAY, 2A numbers EXEMPT from per-country limit are available to applicants from all countries with priority dates earlier than 01MAY92. 2A numbers SUBJECT to per-country limit are available to applicants chargeable to all countries EXCEPT MEXICO with priority dates beginning 01MAY92 and earlier than 01DEC92. (2A numbers subject to per-country limit are "unavailable" for applicants chargeable to MEXICO.) (The three-year transition program which had provided additional visas for spouses/children of legalization beneficiaries has ended; petitions approved on behalf of such spouses/children continue to accord them status in the Family 2A preference, however.)

The Department of State has available a recorded message with visa availability information which can be heard at (202) 863-1541. This recording will be updated in the middle of each month with information on cut-off dates for the following month.