Quiz 1 Fall 2023

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CUNY Hunter College *

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29009

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Law

Date

Jan 9, 2024

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docx

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Uploaded by ProfessorElkPerson962

Hilda, a 29-year-old recently naturalized US citizen originally from Guatemala, and Junior, a 38- year-old citizen of Guatemala who does not have any immigration status in the United States, have been married for 3 years and live together in Brooklyn, NY. They have a healthy 2-year-old child, Bernardo. Hilda just learned that she is pregnant with their second child. Hilda has lots of family in New York, including her mother who is undocumented, her brother who is an LPR, her sister who is also undocumented, and several nieces and nephews who are all US Citizens. Junior has one aunt, a US citizen, who lives in New Jersey. His remaining family includes his mother and two sisters, all of whom live in Guatemala. Hilda has been diagnosed with borderline personality disorder, which has made it difficult for her to hold down a stable job. After she and Junior got married, she stopped working altogether. Junior is a part-owner of a small grocery store in Brooklyn that specializes in Guatemalan products. His friend Carlos, a U.S. citizen, is the other part owner. Junior earns a gross income of about $90,000 annually from his business, which he uses to support Hilda and his children, as well as his family in Guatemala.

Family, Migration and the Law QUIZ 1 A. Use the hypothetical fact pattern to answer the following questions (20 points total) 1) Imagine that Junior had entered the United States on a tourist visa 18 years ago and overstayed. What do U.S. Consulates take into consideration when granting tourist visas? What would be the immigration process for him to become an LPR through his wife since he entered with a tourist visa and then overstayed? (3 points) 2) Imagine that Junior had crossed the border 18 years ago. What would be the immigration process for him to become an LPR through his wife? (3 points) 3) What is a provisional unlawful presence waiver (601A waiver)? If Junior had to apply for it, what arguments would you put forth as his lawyer to best ensure it was successful? (6 points) 4) What is an affidavit of support? Would Junior be inadmissible as a public charge if Hilda signed the affidavit of support? Why, and if so, how could they overcome that finding? (3 points) 5) If Junior is ultimately granted permanent residence, will he be granted conditional permanent residence or permanent residence? Why and what is the difference? (2 points) 6) From the information provided, what documents would you ask that Hilda and Junior provide you to show that they have a bona fide marriage? (3 points) B. Write a 1 – 2 page double spaced response to the following question (5 points) So far in the class, you have learned about what constitutes a bona fide marriage, a legal marriage for immigration purposes, the affidavit of support & public charge rule, the differences in how spouses of US citizens are treated if they enter with a visa vs. crossing the border without inspection, and how people get visas to enter the United States in the first place. Based on all of this, please write a short reflection paper. Who does the U.S. Government, through its laws, consider a deserving or desirable immigrant, and who it does not consider a desirable immigrant? Do you believe these laws to be fair or serve an important U.S. interest? Why or why not?

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