INA Structure & Categories
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Immigration Law · Lesson 01
INA Structure & Categories
這一課問的是：外國人於 INA 下之法律身份為何？何種類別管轄？
ActorActObjectStandardConsequence
Visual Scene · the picture in your head
Issue. What is the legal status of the foreign national under the Immigration and Nationality Act — and what category governs?
這一課問的是：外國人於 INA 下之法律身份為何？何種類別管轄？
Core Terminology · 7 must-know
Tap a card to flip and reveal the meaning.
INA
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Immigration and Nationality Act, 8 USC § 1101 et seq.
INA。
citizen
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Native-born or naturalized US person.
公民。
lawful permanent resident
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LPR / green card holder.
合法永久居民。
nonimmigrant
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Temporary admission for specific purpose.
非移民。
undocumented
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Present without legal status.
無證件。
inadmissibility
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Grounds barring entry to US.
不可入境。
removability
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Grounds for deportation of those present.
可逐出。
Issue · what this lesson is really about
What is the legal status of the foreign national under the Immigration and Nationality Act — and what category governs?
這一課問的是：外國人於 INA 下之法律身份為何？何種類別管轄？
Trigger words & phrases that should flag this issue:
INAimmigrationvisastatuscitizen
Expression Bank · how lawyers actually say it
Six function → sentence patterns. Use these in essay applications.
| Function | English sentence | 中文 |
|---|---|---|
| State INA framework | The INA classifies non-citizens as nonimmigrants (temporary) or immigrants (permanent), with detailed grounds for inadmissibility and removability. | INA 分非移民與移民兩類，並列不可入與可逐之理由。 |
| Apply LPR rights | Lawful permanent residents may live and work in US indefinitely, subject to removal grounds and naturalization eligibility after 5 years (3 if married to citizen). | LPR 可永久居住工作；5 年（婚配 3 年）後可入籍。 |
| Apply nonimmigrant | Nonimmigrant visas authorize specific temporary purposes — work, study, tourism — with limited duration and conditions. | 非移民簽證授權特定臨時目的。 |
| Apply citizenship | US citizens are not subject to immigration laws but can lose citizenship by denaturalization for fraud or specific acts. | 公民不受移民法；可因詐欺或特定行為被取消國籍。 |
Rule Sentence · the workhorse
The Immigration and Nationality Act establishes the framework for US immigration law: US citizens have unconditional right to remain; lawful permanent residents may live and work indefinitely subject to removal grounds; nonimmigrants are admitted for specific temporary purposes; non-citizens generally face grounds of inadmissibility for entry and grounds of removability for presence.
Sentence Anatomy · 5 roles, 5 colors
Every rule sentence breaks into five visual roles.
Actor 行為人foreign national外國人
Act 行為seeking or maintaining status求或保持身份
Object 對象immigration status移民身份
Standard 法律標準INA categories + admissibilityINA 類別 + 可入
Consequence 後果status granted or denied身份賦予或拒絕
Casebook Snapshot · a real American case
Sessions v. Dimaya
Holding. INA's "crime of violence" residual clause for aggravated felony classification is unconstitutionally vague under due process. Even in immigration context, vague removal grounds violate Constitution.
Why it matters. Dimaya shows DP applies meaningfully even in deportation — vague removal grounds struck down.
Dimaya：模糊之逐出理由違反 DP。
Common Mistakes · what trips students
✗ green card 為 citizenship。
✓ LPR is NOT citizenship; can be removed and must naturalize.
綠卡非公民身份；可被逐；須入籍。
✗ any visa = work authorization。
✓ Work authorization depends on specific visa category and conditions.
視具體類別與條件。
Mini IRAC · build the Application
Issue. Does the INA recognize P, a 28-year-old who was brought to the US at age 5 without authorization and has lived here continuously since, as having any legal status?
Rule. The INA classifies non-citizens by category; absent qualification for nonimmigrant, immigrant, or relief status (e.g., DACA, asylum), an undocumented person lacks legal immigration status.
Application (model). P was brought to the US as a child without authorization and has remained continuously. Because the INA only confers status through specific categories (nonimmigrant visa, immigrant visa, asylum, withholding, etc.) — none of which P holds — the fact that P entered without authorization and has not obtained any status means P is undocumented absent qualifying relief.
Pick the right element for each blank:
g1.
g2.
g3.
Conclusion. Therefore, P lacks legal immigration status under the INA, though P may qualify for specific relief (DACA, cancellation of removal, etc.) depending on circumstances.
MBE Check · multiple choice
P is a lawful permanent resident (green card holder) for 6 years. May P naturalize as a US citizen?
Practice Drill · tap to build the rule
Drop the chips here in correct order:
Tap chips to add → tap chips in the target to remove: