Migration Act Definitions

Note: Subsection 5(1) defines de facto partners and spouses. For the purposes of this section, these definitions apply only to visas issued on or after 1 July 2009: see Same-Sex Relationships (Equal Treatment in Commonwealth Laws – General Law Reform) Act 2008. This Division, as it read before this Act was amended by this Act, continues to apply to visas issued before 1 July 2009. Immediate relatives of U.S. citizens: spouses of U.S. citizens, children (single and under 21) of U.S. citizens, parents of U.S. citizens who are at least 21 years old, and widows of U.S. citizens exempt from digital restrictions on U.S.

immigration. In 1917, the U.S. Congress enacted the first largely restrictive immigration law. The uncertainty created about national security during World War I allowed Congress to pass this law, and it contained several important provisions that paved the way for the 1924 law. The 1917 Act introduced a literacy test that required immigrants over the age of 16 to demonstrate a basic reading comprehension in each language. It also increased taxes paid by new immigrants upon arrival, allowing immigration officers greater discretion in deciding who to exclude. Finally, the law prohibited anyone born in a geographically defined “Asian exclusion zone,” with the exception of Japanese and Filipinos. In 1907, the Japanese government voluntarily restricted Japanese immigration to the United States in the Gentleman`s Agreement.

The Philippines was an American colony, so its citizens were American citizens and were free to travel to the United States. China has not been admitted to the no-go zone, but Chinese have already been denied immigrant visas under China`s exclusion law. On 25 October 2018, Australian Immigration Minister David Coleman introduced the Migration Amendment (Strengthening the Personality Test) Bill 2018 in response to anecdotal reports from the Australian Police Force that some judges had reduced criminal sentences to avoid triggering the criminal record threshold for mandatory visa cancellations under section 501. The bill does not distinguish between adult and under-18 offenders and allows for the deportation of juvenile offenders. Despite opposition from New Zealand High Commissioner Annette King, the Law Council of Australia, the Australian Human Rights Commission and the United Nations High Commissioner for Refugees (UNHCR), the Migration Amendment Act 2018 passed its first reading on 25 October. However, the law became obsolete with the dissolution of the Australian Parliament on 11 April 2019 ahead of the 2019 Australian federal election on 18 May 2019. [21] [19] Probation, Overseas (Overseas Probation): parole approved by DHS while the non-citizen is still abroad; designed to represent long-term approval in the United States. In recent years, most of the non-citizens that DHS has treated overseas on probation have arrived under special laws or international migration treaties. Board of Immigration Appeals (BIA): The supreme administrative body for the interpretation and application of immigration laws with nationwide jurisdiction to appeal specific decisions of DHS immigration magistrates and district directors. Child (immigration): generally a single person under the age of 21 who: is a legitimate child; a stepchild, provided that the child is under 18 years of age at the time of the marriage giving rise to the relationship between the stepsons; a legitimate child, provided that the child was legitimized while in the legal custody of the legitimizing parent; a child born out of wedlock if a benefit is claimed because of his or her family relationship with his or her mother, or with his or her father if the father has or has had a bona fide relationship with the child; an adopted child under the age of 16 who has been in the care of his or her adoptive parents for at least 2 years; or an orphan under the age of 16 who was adopted abroad by a U.S. citizen or who has applied for an immediate relative visa on their behalf and who comes to the United States for adoption by a U.S.

citizen. Computer Application Information Management System – (CLAIMS 3): An outdated case management system and USCIS registration system that helps maintain and track documentation of employee files for many immigration-related requests.

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