Immigration and Nationality Act (INA) The INA is a main source of immigration law in the United States. It contains many of the most important provisions of law relevant to immigration proceedings. Title 8 of the Code of Federal Regulations (CFR) Title 8 of the CFR codifies the INA and includes regulations followed by the Department of Homeland Security and EOIR. The regulations cover practice and procedure in immigration proceedings. Other Resources for Research Country Condition Pages BIA Precedential Decision By Topic Headings EOIR Operational Status Immigration Court Operational Status Submit A Question

STEP 1 Identify the “Generic” Definition of the Removal Ground The grounds of inadmissibility and deportability (which include the definition of an aggravated felony) contain dozens of terms describing crimes, e.g., “crime involving moral turpitude,” “crime of child abuse,” “law…relating to a controlled substance,” “crime of violence,” “burglary,” etc. Each of these terms must have a technical, federal definition, referred to as the “generic” definition. Our first research task is to identify the generic definition of the term that appears in the removal ground with which we are concerned. Federal court or Board of Immigration Appeals case law may define a general term; checking secondary sources can save research time. Some removal grounds reference a federal statute as the definition, in which case we look to federal cases interpreting that statute. The Supreme Court reviewed possible sources for definitions, including the Model Penal Code, common law, and the law of several states, and finally decided that generic burglary contains these elements: “an unlawful or unprivileged entry into, or remaining in, a building or other structure, with intent to commit a crime.” The Court found that the term “building or other structure” does not include a vehicle. Taylor v. United States, 495 U.S. 575, 598 (1990) (emphasis added). Note on subsequent expansion of the definition of burglary. Almost thirty years after Taylor, the Supreme Court revisited this generic definition and held that it includes burglary of a vehicle that is “adapted or customarily used for lodging.” United States v. Stitt, 139 S.Ct. 399 (2018). The Court reviewed its prior decisions on burglary, in Taylor, Mathis, etc., and found that that particular issue had not been presented, and the prior decisions did not conflict with it. Because the new definition does not affect those prior decisions, we will not discuss it further as part of this example. Identify the minimum conduct prosecuted that violates the statute of conviction Using the text of the statute of conviction, state case law, or other materials, we identify the minimum conduct required to violate the statute of which our client was convicted. Court decisions may refer to this as the “minimum conduct,” “least acts criminalized,” or “least adjudicated elements.” Remember that we are focusing solely on the minimum conduct that can be or has been prosecuted under the statute, and “ignoring the particular facts of the case.” Mathis, 136 S.Ct. at 2248. The Supreme Court has cautioned that an immigrant may not simply imagine some theoretical, possible minimum conduct for an offense, but must demonstrate a “realistic probability” that this minimum conduct actually would be prosecuted under the statute. One may prove this by producing one or more cases where someone was found guilty under the statute for committing the particular minimum conduct. One can cite to published or unpublished decisions, their own case, or arguably other materials such as documents from criminal prosecutions or press releases or newspaper articles, that document conviction for non-generic conduct. For further discussion of the realistic probability of prosecution, see Part II, below, and see online practice advisories. One excellent source of information about a state statute’s minimum conduct is the relevant state jury instruction for the offense. Do an internet search, or work with a criminal defense attorney, to find the instructions. The instructions also may cite to state precedential cases, which are the best authority. In addition to cases, many circuit courts of appeals have held that an immigrant can demonstrate that a statute is overbroad if the express language of the statute includes conduct that is outside of the generic federal definition. In circuits that have adopted this rule, sometimes referred to as the “express language rule,” no cases or other realistic probability proof is necessary. The BIA and just a few circuit courts of appeals have declined to adopt the express language rule. See Part II, below. In those jurisdictions, even if the statute describes a specific minimum conduct, the immigrant may need to provide a further showing of realistic probability of prosecution. Is the crime of conviction defined more broadly than the generic definition? Here is where we compare the elements of the generic definition with the elements of the client’s conviction. If the generic definition contains all of the elements of the criminal statute, there is a categorical match. Another way to state the test is to say that if there is some way to commit the state offense that would not also commit the generic definition, then there is no categorical match. If there is a categorical match, the removal ground will apply to every conviction under the statute. The client loses and our analysis is over. If there is no categorical match, then the statute as whole is overbroad, meaning it reaches conduct not reached by the generic definition. In that case the immigrant will win everything, unless the statute is divisible. We go to Step 2 to determine divisibility. STEP 2 Is the Criminal Statute Divisible? This step may appear complex, but stay with it until the example. In Mathis, the Supreme Court affirmed a strict test for when a criminal statute is divisible. The statute must meet all of these criteria: The jury unanimity requirement is a new concept to many immigration advocates, and state law is not always clear as to whether statutory alternatives are means (no juror unanimity requirement) or elements (juror unanimity requirement). In Mathis, the Supreme Court provided instructions on how to determine whether these statutory phrases are elements or means. The Court identified the following sources (see Mathis, 136 S. Ct. at 2256-2257): State case law. As was the case in Mathis, sometimes there are state cases that rule on whether statutory alternatives have a juror unanimity requirement. You can find these cases through ordinary state law research tools. State model criminal jury instructions, often available on state court system websites, may provide case citations that speak to the juror unanimity question, and thus can be a good place to start research. However, in

When a person arrives at a port of entry seeking entry to the United States they will either be admitted or paroled into the country (if they are permitted to enter). A person who is being permitted to enter on a temporary basis or under special conditions because they lack a proper visa or immigration status to enter will typically be “paroled.” A legal permanent resident or a noncitizen arriving with a valid visa are “admitted” to country. Often times the admission is marked in the person’s passport, though that is becoming less common. The class of admission can be seen on an I-94 as a code as well in some internal agency documents you may find in the responsive record of a FOIA request. Legal Permanent Resident cards “green cards” will display the class of admission code which indicates the manner in which their residency was obtained. The classes of admission and the corresponding codes are listed below broken down into several different categories of types of admission. Immigrant Classes of Admission A lawful permanent resident (LPR) or “green card” recipient may live and work anywhere in the United States and may apply to become U.S. citizens if they meet certain eligibility and admissibility requirements. The Immigration and Nationality Act (INA) provides several broad classes of admission for foreign nationals to gain LPR status, the largest of which focuses on admitting immigrants for the purpose of family reunification. Other major categories include economic and humanitarian immigrants, as well as immigrants from countries with relatively low levels of immigration to the United States. IMMEDIATE RELATIVE PETITIONS The largest category of new LPRs consists of immediate relatives of U.S. citizens (spouses, children, and parents of U.S. citizens age 21 and older). Immediate relatives of U.S. citizens are not subject to numerical limits and typically account for more than 40 percent of new LPRs annually. IR1 Spouses, new arrivals IR6 Spouses, adjustments CR1 Spouses, new arrivals, conditional CR6 Spouses, adjustments, conditional IB1 Spouses, new arrivals, self petitioning IB6 Spouses, adjustments, self petitioning IW1 Spouses, widows or widowers, new arrivals IW6 Spouses, widows or widowers, adjustments CF1 Spouses, entered as fiance(e), adjustments, conditional IF1 Spouses, entered as fiance(e), adjustments IR2 Children, new arrivals IR7 Children, adjustments CR2 Children, new arrivals, conditional CR7 Children, adjustments, conditional AR1 Children, Amerasian, new arrivals AR6 Children, Amerasian, adjustments IB2 Children, new arrivals, self petitioning IB7 Children, adjustments, self petitioning IB3 Children of IB1 or IB6, new arrivals IB8 Children of IB1 or IB6, adjustments IW2 Children of IW1 or IW6, new arrivals IW7 Children of IW1 or IW6, adjustments CF2 Children of CF1, adjustments, conditional IF2 Children of IF1, adjustments IH3 Children adopted abroad under the Hague Convention, new arrivals IH8 Children adopted abroad under the Hague Convention, adjustments IH4 Children to be adopted under the Hague Convention, new arrivals IH9 Children to be adopted under the Hague Convention, adjustments IR3 Orphans adopted abroad, new arrivals IR8 Orphans adopted abroad, adjustments IR4 Orphans to be adopted, new arrivals IR9 Orphans to be adopted, adjustments IR5 Parents of adult U.S. citizens, new arrivals IR0 Parents of adult U.S. citizens, adjustments IB5 Parents battered or abused, of U.S. citizens, new arrivals, self petitioning IB0 Parents battered or abused, of U.S. citizens, adjustments, self petitioning FAMILY PREFERENCE CATEGORIES Family members not included in the immediate relative class of admission may be eligible for immigration under family-sponsored preferences. These categories also allow for the beneficiary to bring derivative family members. Categories are organized by priority. More about family preference categories. A11 Unmarried Amerasian sons/daughters of U.S. citizens, new arrivals A16 Unmarried Amerasian sons/daughters of U.S. citizens, adjustments F11 Unmarried sons/daughters of U.S. citizens, new arrivals F16 Unmarried sons/daughters of U.S. citizens, adjustments B11 Unmarried sons/daughters of U.S. citizens, new arrivals, self petitioning B16 Unmarried sons/daughters of U.S. citizens, adjustments, self petitioning A12 Children of A11 or A16, new arrivals A17 Children of A11 or A16, adjustments F12 Children of F11 or F16, new arrivals F17 Children of F11 or F16, adjustments B12 Children of B11 or B16, new arrivals B17 Children of B11 or B16, adjustments F21 Spouses of alien residents, subject to country limits, new arrivals F26 Spouses of alien residents, subject to country limits, adjustments B21 Spouses of alien residents, subject to country limits, new arrivals, self petitioning B26 Spouses of alien residents, subject to country limits, adjustments, self petitioning C21 Spouses of alien residents, subject to country limits, new arrivals, conditional C26 Spouses of alien residents, subject to country limits, adjustments, conditional FX1 Spouses of alien residents, exempt from country limits, new arrivals FX6 Spouses of alien residents, exempt from country limits, adjustments BX1 Spouses of alien residents, exempt from country limits, new arrivals, self petitioning BX6 Spouses of alien residents, exempt from country limits, adjustments, self petitioning CX1 Spouses of alien residents, exempt from country limits, new arrivals, conditional CX6 Spouses of alien residents, exempt from country limits, adjustments, conditional F22 Children of alien residents, subject to country limits, new arrivals F27 Children of alien residents, subject to country limits, adjustments B22 Children of alien residents, subject to country limits, new arrivals, self petitioning B27 Children of alien residents, subject to country limits, adjustments, self petitioning C23 Children of C21, C22, C26, or C27, subject to country limits, new arrivals, conditional C28 Children of C21, C22, C26, or C27, subject to country limits, adjustments, conditional B23 Children of B21, B22, B26, or B27, subject to country limits, new arrivals B28 Children of B21, B22, B26, or B27, subject to country limits, adjustments F23 Children of F21, F22, F26, or F27, subject to country limits, new arrivals F28 Children of F21, F22, F26, or F27, subject to country limits, adjustments C25 Children of C24 or C29, subject to country limits, new arrivals, conditional C20 Children of C24 or C29, subject to country limits, adjustments, conditional B25 Children of B24 or B29, subject to country limits, new arrivals B20 Children of B24 or B29, subject to country limits,

How To Find Out What your employment authorization category code is USCIS EAD Category Code  EAD Category Eligibility Description 180 Days Automatic Extension Eligibility A02 A lawful temporary resident pursuant to sections 245A or 210 of the INA No A03 Refugee Yes A04 Paroled as refugee No A05 Asylee (granted asylum) Yes A06 K1 non-immigrant fiancé(e) of US CitizenK2 child of K1 No A07 N-8 Parent of international organization employee granted permanent residenceN-9 Dependent Child of international organization employee granted permanent residence Yes A08 Citizen of Micronesia, the Marshall Islands or Palau admitted as a nonimmigrant Yes A09 K-3 nonimmigrant spouse of USCK-4 child of K-3 No A10 Granted Withholding of Deportation or Removal Yes A11 Deferred Enforced Departure (DED)   A12 Temporary Protected Status (TPS) granted under 8 CFR 244.12 Yes A13 IMMACT Family Unity beneficiary(Section 301 of the Immigration Act of 1990) No A14 LIFE Act Family Unity beneficiary(Section 1504 of the Legal Immigrant Family Equity (LIFE) Act Amendments) No A15 V-1 Spouse of Lawful Permanent ResidentV-2 Minor unmarried child of Lawful Permanent ResidentV-3 Minor unmarried child of V-1 or V-2 No A16 T-1 nonimmigrant (victims of severe forms of trafficking) No A17 Spouse of E-1/E-2 Treaty Trader/InvestorSpouse of E-3 specialty occupation professional from Australia Yes*(*timely filing before I-94 expiry ) A18 L2 spouse of an L1 visa intracompany transfer Yes*(*timely filing before I-94 expiry ) A19 U1 nonimmigrant (victims of certain criminal activity) No A20 U-2 spouse of U-1 aliensU-3 children of U-1 aliensU-4 parents of minor U-1 aliens (16 or under)U-5 unmarried sibling under age 18 of U-1 alien under age 21 No C01 Dependent of A-1 or A-2 foreign government official No C02 Dependent of TECRO (Taipei Economic and Cultural Representative Office) E-1 Non-immigrant No C03A Pre-completion OPT F1 visa students No C03B Post-completion OPT F1 visa students No C03C 24-month extension for Science, Technology, Engineering, or Mathematics (STEM) OPT students No C03(ii) F-1 student offered off-campus employment under the Sponsorship of Qualifying International Organization No C03(iii) F-1 student seeking off-campus employment due to severe economic hardship No C04 Spouse or unmarried dependent child of G-1, G-3 or G-4 nonimmigrant (Representative of International Organization and their dependents) No C05 J-2 spouse or minor child of a J-1 exchange visitor No C06 M-1 student seeking practical training after completing studies No C07 Dependent of NATO-1 through NATO-7 nonimmigrant No C08 Asylum applicant (w/ pending asylum application) who filed for asylum on or after January 4, 1995 Yes C09 Adjustment of status applicant Yes C10 Suspension of deportation applicants (filed before April 1, 1997)Cancellation of Removal applicantsCancellation applicants under NACARA Yes C11 An alien paroled into the United States in the public interest or temporarily for emergency reasons No C12 Spouse of an E-2 Commonwealth of the Northern Mariana Islands (CNMI) investor; eligible for employment in the CNMI only No C14 Alien granted deferred action No C16 Registry applicant based on continuous residence since January 1, 1972 Yes C17(i) B1 nonimmigrant who is the personal or domestic servant of a nonimmigrant employer No C17(ii) B1 nonimmigrant domestic servant of a U.S. citizen No C17(iii) B1 nonimmigrant employed by foreign airline No C18 Alien with a final order of deportation/order of supervision; No C19 Temporary Protected Status applicant under 8 CFR 244.5 Yes C20 Alien who has filed a completed legalization application for special agricultural workers Yes C21  S visa non-immigrant No C22 Alien who has filed a completed legalization application under INA 245A Yes C23 Irish peace process (Q-2)   C24 LIFE legalization applicant Yes C25 T-2 spouse of T-1, victim of traffickingT-3 child of T-1T-4 parent of T-1 (if T-1 is under age 21) No C26  Certain H4 Visa spouses of H1B holders, qualify for it. Check Apply H4 EAD Guide  Yes*(*timely filing before I-94 expiry ) C27 Abused spouse of an A nonimmigrant No C28 Abused spouse of an E-3 nonimmigrant No C29 Abused spouse of a G nonimmigrant No C30 Abused spouse of an H nonimmigrant No C31 The principal beneficiary of an approved VAWA self-petitionQualified child of a beneficiary of an approved VAWA self-petition Yes C33 An alien who has been granted Deferred Action for Childhood Arrivals (DACA) No C35 The principal beneficiary of an approved employment-based immigrant petition facing compelling circumstances No C36 Spouse or unmarried child of a principal beneficiary of an approved employment-based immigrant petition facing compelling circumstances No