COIL EXAM

When an immigrant visa is issued, the maximum period of validity is:

6 months. An immigrant visa can be issued for a maximum period of six months. In order to obtain permanent residence status, the immigrant visa holder must travel to the United States and be admitted within the visa validity period.

Where would you find asylum regulations under INA § 208?

8 CFR § 208

Oliver, a U.S. citizen, petitioned for his son Nigel. Nigel is married and has two children, ages 1 and 3. Oliver is married and has two children (in addition to Nigel), ages 16 and 17. Oliver's sister Elsa lives with him. What is Oliver's household size?

8 or possibly 9. Oliver's household includes himself, his wife and children (4), and his son Nigel, Nigel's wife and children (4). This gives Oliver a household size of 8. Oliver's sister Elsa may be included, which would result in a household size of 9. Including Oliver's sister in the household size will only make sense if her income is needed to achieve the required household income amount.

Which of the following is not a requirement for adjustment of status as a T nonimmigrant:

A current priority date on the State Department Visa Bulletin. A current priority date is not a requirement for T adjustment because T adjustment applicants are not subject to the quotas governed by the State Department Visa Bulletin.

Which individuals below are eligible to submit a VAWA self-petition? Select one:

Abused spouse of a USC who died three years ago. Abused spouse of an LPR who died last year. Abused 26-year-old daughter of USC. Abused parent of LPR. Widow(er)s of abusive USCs can self-petition up to two years after the death of the abuser spouse, but there is no self-petition eligibility for abused widow(er)s of abuser LPR spouses. An adult son or daughter between the ages of 21 and 25 can self-petition if abuse was one central reason for the delay in filing, but this remedy is not available after age 25. While parents abused by a USC adult son or daughter are eligible to self-petition, parents abused by an LPR adult son or daughter are not.

An asylum seeker who is not in removal proceedings will be provided with an:

Affirmative asylum interview.

The immigrant visa application that is submitted to the National Visa Center is the:

All applicants for an immigrant visa must complete and submit the DS-260, Online Immigrant Visa and Alien Registration Application. The form is completed and submitted through the Consular Electronic Application Center website. To access the form the applicant or preparer must input the NVC case number and invoice I.D. number.

Amrit first attempted to enter the United States at San Ysidro using false documents in 2016. She was issued an expedited removal order and sent back to her home country. A few days ago, she attempted to enter the United States without inspection but was apprehended. Which of the following statements is true?

Amrit can be placed in "withholding only" proceedings if an asylum officer finds that she has a "reasonable possibility" of succeeding in an application for withholding of removal and/or CAT protection. Amrit is subject to reinstatement of removal because she attempted to enter the U.S. without inspection following an expedited removal. As such, Amrit is ineligible for most forms of immigration relief. If she expresses a fear of persecution or torture in her home country, she will be referred to an asylum officer for an interview. If that officer determines after the interview that Amrit has demonstrated a "reasonable possibility' of succeeding on an application for withholding or CAT protection, she will be placed in "withholding only" proceedings where those are the only two forms of relief available.

Which of the statements below about accredited representatives is NOT true:

An accredited representative may transfer his or her credentials to another employer

Angel, from El Salvador, was the beneficiary of an F-2A petition filed by his LPR spouse in 1996. They divorced in 1998 before Angel had a chance to immigrate on that petition. In 2003, Angel came to the U.S. on an employment-based visa and has been here ever since, even though his authorized stay expired many years ago. In 2020, Angel married LPR Camila, who filed a petition for him. Angel's petition was just approved, the priority date is current, and he would like your advice about next steps.

Angel qualifies to adjust under INA § 245(i) because an approvable petition was filed on his behalf on or before January 14, 1998. Angel cannot adjust under INA § 245(a) because he has failed to continuously maintain lawful status and he is not an immediate relative. The beneficiary of an "approvable when filed" petition that was filed on or before January 14, 1998 or April 30, 2001 is "grandfathered," and qualifies to adjust status under INA § 245(i) even if seeking to adjust based on a different petition. To be "approvable when filed," the petition must have been submitted with the proper filing fee and signature, meritorious and non-frivolous. The petition may later be denied, revoked or withdrawn as long as when filed it was approvable.

What is the first step in seeking permanent residency through Special immigrant Visa process under Section 602(b) of the Afghan Allies Protection Act of 2009?

Applying for Chief of Mission (COM) approval.

To adjust status and benefit under INA § 245(i), an "approvable when filed" petition must have been filed with USCIS for the principal beneficiary on or before what date?

April 30, 2001.

What does "CFR" stand for?

Code of Federal Regulations

If you encounter a client with prior arrests or convictions, which of the following should you do to better understand the consequences of your client's conduct:

Counsel your client about the importance of providing information to you about all prior contacts with law enforcement; DHS will have this information and you need it too in order to counsel the client. Do a law enforcement data base check (FBI records check and/or state records check) to find out your client's arrest history. Do a FOIA for your client's immigration records if s/he has ever been detained or in immigration court. Obtain copies of all court records related to charges brought against your client.

U status is available only to victims of domestic violence.

Domestic violence crimes are one example of "qualifying crimes" for purposes of eligibility for U status. There are many other "qualifying crimes." They are listed at INA sec. 101(a)(15)(U).

Emanuel is a 28 year old man who was the victim of labor trafficking. He has not yet had any contact with law enforcement about this crime. Which of the following statements are true:

Emanuel may obtain a law enforcement certification, but cooperation with law enforcement can be shown without a law enforcement certification. If Emanuel were under 18, he would not have to show cooperation with law enforcement.

Which of the following represent the three largest pathways to LPR status? Pick all that apply:

Employment-Based Immigration, Humanitarian Benefits, Family-Based Immigration

The employment-based immigration process is similar to the family-based immigration process in many key ways. Which of the following statements about immigrating through employment is not accurate?

Employment-based immigrants are not subject to the INA § 212(a) grounds of inadmissibility. Correct. This statement is not accurate. Both family-based and employment-based immigrants must show they are not inadmissible or are eligible for a waiver (if applicable) in order to immigrate.

In 2014 Enrique sent money to his brother Manuel to buy a fake visa to travel to the United States. Enrique and Manuel now reside together in Chicago and both are planning to immigrate soon through petitions filed by their LPR father. Which of the following statements is most accurate about Enrique:

Enrique is not eligible to immigrate because he is inadmissible for smuggling and does not qualify for a waiver. Financial support for the brother to buy the fake visa is aiding and abetting smuggling. Enrique is not eligible to apply for a waiver of the inadmissibility because he smuggled someone other than his parent, spouse, son, or daughter.

Felix entered the United States with a B-2 visitors visa in 2012 with authorization to remain until August 1, 2012. He overstayed his period of authorized stay and started to accrue unlawful presence on August 2, 2012. Felix has not departed the U.S. since his entry in 2012. Felix married U.S. citizen Charlotte last year and he plans to apply for lawful permanent resident status in the U.S. When Felix applies, he will be found inadmissible under INA 212(a)(9)(B)(i)(II), the ten-year unlawful presence bar.

FALSE -The unlawful presence ground of inadmissibility under INA § 212(a)(9)(B) affects those noncitizens who have been unlawfully present in the United States, depart, and then apply for admission. Felix has not left the U.S. since his entry in 2012. He will not trigger the unlawful presence bar unless and until he departs the U.S.

Isaiah used a fake green card to obtain employment at a record shop. This makes him inadmissible under INA § 212(a)(6)(C)(i).

False

A person granted protection under the Convention Against Torture can file for a green card one year after the grant of CAT protection.

False. A grant of CAT protection does not create a pathway to lawful permanent resident status in the United States.

A joint sponsor and the petitioner can add their incomes together to meet the required household income amount.

False. A joint sponsor must satisfy the requisite household income independent of the petitioner/sponsor.

The sponsor's household size for the affidavit of support includes all family members residing in the same dwelling, as long as they are related by blood or marriage.

False. According to the regulations at 8 CFR § 213a.1, the only family members who must be included in the household size are the sponsor's spouse and all of the sponsor's children, unless the children have reached the "age of majority" and are not claimed as dependents on the sponsor's federal income tax for the most recent tax year. According to the AFM, the age of majority means that the child is at least 18 years old or is "emancipated" under the laws of the person's domicile.

In order to qualify for asylum, an applicant must show that the persecution they experienced or fear is carried out by the police in the home country.

False. An applicant can establish eligibility for asylum by showing the persecution was or will be carried out either by the government or by a private actor the government is unwilling or unable to control.

An individual in removal proceedings who has never been lawfully admitted to the U.S. is subject to removal based on the grounds of deportability.

False. An individual in removal proceedings who has never been lawfully admitted is subject to removal based on the grounds of inadmissibility found in section 212(a) of the Immigration and Nationality Act (INA).

If an individual is placed in removal proceedings and charged with a ground of inadmissibility, the DHS bears the burden of proving "clearly and beyond doubt" that the person is inadmissible.

False. If an individual is placed in removal proceedings and charged with a ground of inadmissibility, DHS need only establish alienage. Then the individual charged bears the burden of proving that he or she is "clearly and beyond doubt" entitled to admission.

Both USCs and LPRs can file petitions for their fiancées to be admitted to the U.S.

False. Only USCs can file for family members

SIJS is only available to youth under the age of 18.

False. SIJS is available to youth who submit an I-360 petition to USCIS before the age of 21. In some states, however, it is not possible to obtain a qualifying SIJS predicate order after a youth reaches the age of 18. Youth in those states are effectively cutoff from SIJS eligibility at the age of 18.

If a U.S. citizen files an I-130 petition for his child residing in the U.S., but the petitioner dies before the petition is approved, the child will be unable to immigrate.

False. Section 204(l) of the INA allows some beneficiaries of family-based petitions including children of U.S. citizens to continue the process for immigrating after the death of the petitioner. In order to continue with the process at least one beneficiary must have been residing in the United States at the time of the petitioner's death and continue to reside in the U.S. until the date of the decision on the petition. The beneficiary must also find a substitute sponsor for the I-864 affidavit of support.

Individuals from countries with high admissions, such as Mexico, India and China, are eligible to apply for the Diversity Visa Lottery.

False. The Diversity Visa Lottery program makes available 50,000 visas to people from countries with low rates of admissions to the U.S.

An H-2A nonimmigrant employment visa is available to temporary agricultural workers for up to 5 years.

False. The H-2A visa for temporary agricultural workers can initially be granted for one year and can be renewed for up to three years.

When making a credibility determination, an immigration judge can consider inconsistencies in the applicant's testimony, but only if the inconsistencies go to the heart of the asylum claim

False. The REAL ID act allows Immigration Judges to consider many factors in making a credibility determination, including inconsistencies that do not go to the heart of the asylum claim..

At the immigrant visa interview, the consular officer does not have the authority to question the applicant about the underlying basis for the immigrant visa, such as marriage to a U.S. citizen, since the petition was already approved by USCIS.

False. The consular officer has the right to inquire into the validity of the marriage or the relationship that forms the basis of the immigrant petition.

An applicant for an immigrant visa can apply at any U.S. consulate or embassy that is most convenient for him or her.

False. The intending immigrant will apply for an immigrant visa at one of the following U.S. consulates: (1) the consulate in the country where the intending immigrant is residing or last resided; (2) the consulate in the country where the intending immigrant is physically located and intends to remain throughout the processing; (3) any other consulate that will accept jurisdiction of the case if the intending immigrant is currently residing in the United States and establishes hardship if forced to return to the country of last residence.

Any noncitizen who is in the U.S. and wants to work legally can qualify for an employment-based nonimmigrant visa or immigrant visa.

False. There are a limited number of categories for someone to qualify for a nonimmigrant visa or immigrant visa based on employment. Most categories require a U.S. employer to sponsor the noncitizen worker and also require the sponsored worker to possess certain skills or background. Thus, many foreign workers who would like to work temporarily in the United States or apply for an immigrant visa to remain permanently are not eligible to do. Even if there is an applicable employment-based category for a particular worker, those already here may not qualify if they are not in valid status to begin with.

Once someone is selected in the Diversity Visa Lottery, he or she has five years to complete consular processing or adjustment of status on the basis of being chosen in a particular year.

False. There is no guarantee that someone selected in the Diversity Visa Lottery program in a given year will actually be able to immigrate successfully. The selected individual and any eligible derivatives must meet the eligibility requirements to immigrate and must obtain their visa or adjust status by the end of the relevant fiscal year.

An individual in removal proceedings who is not an LPR may be eligible for certain forms of relief, such as cancellation of removal. To be eligible for cancellation of removal for non-LPRs, the person must show physical presence in the U.S. for eight years; have good moral character; show exceptional and extremely unusual hardship to himself or herself if removed, and deserve a favorable exercise of discretion.

False. To be eligible for non-LPR cancellation of removal, the person must show physical presence in the U.S. for ten years; have good moral character; show exceptional and extremely unusual hardship to a U.S. citizen or LPR spouse, parent or child if removed and deserve a favorable exercise of discretion.

Jane has been placed in removal proceedings. At her first master calendar hearing and for all hearings thereafter, an attorney appointed by the federal government will be present to represent her, at no cost to Jane.

False. While respondents in removal proceedings have the right to counsel under INA 239(a)(1)(E), the government does not bear the cost of that representation. Therefore, Jane will have to secure her own counsel and arrange to pay them herself. Many organizations nationwide provide free or low-cost representation to respondents in removal proceedings.

A person granted withholding of removal can file for their spouse and children under 21 as long as they do so within 2 years of the grant of withholding of removal.

Fasle. Withholding of removal does not allow for derivative beneficiaries so a person granted withholding of removal cannot file for a spouse or child.

Which of the following stops the running of unlawful presence?

Filing an application for adjustment of status, Filing a timely and good faith application to extend one's nonimmigrant stay, Filing a bona fide application for asylum, as long as the applicant does not work without authorization, Filing a successful application for TPS

Gloria was admitted to the U.S. on a student visa in 2015 but never attended school. In 2017 she was ordered removed from the U.S. by an immigration judge for being deportable because she failed to maintain her nonimmigrant status.

Gloria is inadmissible for ten years from the date of her removal. Gloria is inadmissible for ten years from the date of her removal under INA § 212(a)(9)(A). She may be able to return to the U.S. before the 10 years has passed if DHS consents to her reapplying for admission.

U.S. citizen Greg wants to petition for his biological mother Rosa and her husband Jorge. Which answer best describes the requirements Greg must meet to petition for both?

Greg must be at least 21 years old to petition for Rosa and Jorge. To petition for his stepfather Jorge, Rosa and Jorge must have married before Greg's 18th birthday. To petition for a parent, the U.S. citizen must be at least 21 years old. In addition, a stepparent/child relationship for immigration purposes is created when the marriage to the biological parent takes place before the child turns age 18.

Miguel entered the U.S. without inspection on June 1, 2018 to work the fruit crops on the western slope of Colorado. He stayed five months and returned to Mexico. He did the same thing in 2019 and again in 2020. When he tried to enter the U.S. without inspection in June 2021, he was caught and allowed to return voluntarily to Mexico. He decided to stay in Mexico because his immigrant visa appointment should be scheduled later this year. When he goes to his interview, he is likely to face the following problem:

He is subject to the permanent bar because he attempted to reenter the U.S. without inspection after more than one year of unlawful presence in the aggregate. Because Miguel was never unlawfully present for more than 180 days during each of these visits, he never triggered the 3- or 10-year bars under 212(a)(9)(B) when he left the U.S. However, when you add up all the unlawful presence, it works out to more than one year -- and when you enter or attempt to enter the United States without inspection after more than one year of unlawful presence in the aggregate, you trigger the permanent bar under 212(a)(9)(C).

Pedro was brought into the U.S. without inspection by his mother in 2008 when he was 4 years old. He and his mother returned to Mexico a year and a half later, stayed a month, and then re-entered the U.S. without inspection. Pedro turned 18 four months ago and is married to a U.S. citizen. He wants to consular process. You advise him that:

He is subject to the permanent bar. Pedro accrued more than a year of unlawful presence between the time he entered without inspection in 2008 and his departure a year and a half later. For this reason, he triggered the permanent bar when he reentered without inspection. Unfortunately the exception to accrual of unlawful presence for minors under 18 only applies to unlawful presence for purposes of the 3 and 10 year bars. There is no such exception for purposes of the permanent bar. Therefore Pedro did trigger the permanent bar when he reentered without inspection as a young child, and he will need to stay outside the U.S. for 10 years before he may apply for permission to reapply for admission.

Mateo is the spouse of an LPR. At his medical examination for an immigrant visa at the U.S. consulate in Ciudad Juarez, he admitted he smoked marijuana five times in the last year. Assuming he is found inadmissible as a drug abuser, which of the following are his options:

He may wait 12 months from the date of his last use of marijuana and apply again.

Which of the following agencies are part of the Department of Homeland Security? Pick all that apply:

ICE, CBP, USCIS

Gloria, from Honduras, entered the U.S. EWI in October 2020. She was placed in removal proceedings in February 2021 when an NTA was filed with the immigration court. She is set to appear for her first master calendar hearing next week. Which statement is most accurate about her options:

If Gloria wants to qualify for voluntary departure, she needs to request it now. She will not qualify for voluntary departure at the conclusion of proceedings. Gloria was in the U.S. for less than a year at the time immigration court proceedings commenced, and she is therefore not eligible for voluntary departure at the conclusion of proceedings. The maximum period of voluntary departure that the judge can grant is 120 days. An individual requesting voluntary departure at the onset of proceedings must agree to waive appeal.

Mirna, who has a student visa, entered the U.S. with her infant niece Iliana, falsely claiming that her niece was a U.S. citizen. Which of the following statements best describes the likely consequences of this conduct?

If Mirna ever applies to immigrate or renew her student visa, she will be found inadmissible for smuggling. Neither Iliana nor Mirna is inadmissible for false claim to citizenship in this scenario. Iliana is not inadmissible for making a false claim because the claim was not made by her but by Mirna, her aunt. While a noncitizen can be held responsible for false claims to citizenship made on his or her behalf, this would likely not apply in the situation of representations made on behalf of an infant. Mirna is also not inadmissible for making a false claim to citizenship because this ground of inadmissibility is only applicable to false claims made for the noncitizen's own benefit. Mirna's false representation regarding Iliana's citizenship will likely trigger a finding of inadmissibility due to smuggling.

Wu, from China, has been an LPR since 2005. Ten years ago, Wu was convicted of larceny and sentenced to two years of probation. Which of the statements below best describes Wu's circumstances:

If Wu is placed in removal proceedings, he will be charged with a ground of deportability because he was inspected and admitted as a lawful permanent resident. The fact that Wu was only sentenced to probation does not mean that his conviction can't make him deportable. Similarly, Wu is not protected from being placed in removal proceedings simply because many years have gone by since he was convicted.

The following people are classified as immediate relatives:

Immediate relatives include the spouse of a U.S. citizen, children (unmarried and under 21) of a U.S. citizen and parents of U.S. citizens who are 21 or older.

What does "INA" stand for?

Immigration and Nationality Act

Archibald entered the U.S. without inspection in 2012. In 2014, he was removed after an immigration judge found him inadmissible as charged. Three years later, in 2017, Archibald returned to the United States without inspection. Which of the following issues pertain to Archibald?

Inadmissibility under INA § 212(a)(9)(A), Inadmissibility under INA § 212(a)(9)(B), Inadmissibility under INA § 212(a)(9)(C), Reinstatement of removal. Archibald is inadmissible under INA § 212(a)(9)(A) since he was ordered removed by an immigration judge in 2014. Persons who are ordered removed by an immigration judge and then depart the U.S. are inadmissible for 10 years. He is inadmissible under INA § 212(a)(9)(B) for being unlawfully present in the U.S. for over a year and then departing the U.S. He is also inadmissible under both provisions of INA § 212(a)(9)(C) since he re-entered the U.S. without inspection after being unlawfully present for more than a year, and after a removal order. Finally, Archibald is also subject to reinstatement of removal since he departed the U.S. after an order of removal and then re-entered illegally.

After almost three years in U status, Jolene married Maribel, an undocumented woman from Colombia. In order to become an LPR, the only option for Maribel will be to wait until Jolene becomes an LPR at which time Jolene can petition for her through family based immigration.

Jolene can apply for Maribel to have qualifying relative status as her spouse at the time she files her application for adjustment of status. Jolene can file an I-929 qualifying relative petition for Maribel at the same time she files her I-485. If the I-929 petition is approved, Maribel will be eligible to apply for LPR status herself.

Determine the eligibility to adjust status in the following scenarios:

Katie is an approved VAWA self-petitioner who entered the U.S. EWI - INA 245 (a) Luis, the beneficiary of a petition filed by his sister in March 1998, who entered the U.S. with a tourist visa in January 2001 - ineligible to adjust Maurice, who entered the U.S. EWI in 2002 and is the beneficiary of an F-2B petition filed by his father in 1997. - INA 245(i)

Luisa is the married daughter of a U.S. citizen who filed a petition for her two years ago. What is the best advice to Luisa about the immigration of her husband Sanjay?

Luisa's husband qualifies as a derivative beneficiary and he can immigrate with her. The family member on whose behalf the petition is filed is the principal beneficiary. For the preference categories, spouses (and unmarried children under 21) are considered derivative beneficiaries and can immigrate with the principal without a separate I-130.

Marie flees political violence from Haiti and arrives at the U.S.-Mexico border. She does not have entry documents, but presents herself at a port of entry. She has never been to the U.S. before. Which of the following may occur?

Marie can be charged with inadmissibility for not having entry documents and removed without a hearing before an immigration judge. Marie can express a fear of return to Haiti and be processed for a credible fear interview with USCIS. If she passes the interview, she is placed in removal proceedings in immigration court. CBP can allow Marie to withdraw her request for admission. If Marie presents herself at a port of entry without proper entry documentation, she is considered an "arriving alien," and can be charged with inadmissibility under INA 212(a)(7). As such, she is subject to expedited removal and can be summarily removed without a hearing before an immigration judge. However, CBP can allow Marie to avoid expedited removal by withdrawing her request for admission. In addition, if Marie expresses a fear of return to Haiti to CBP officials, she must be given a credible fear interview and, if she passes, be placed in removal proceedings in immigration court.

According to Department of State guidance, which of the following may raise a presumption of misrepresentation if done within 90 days of entering on a tourist visa?

Marrying and taking up permanent residence, Working illegally, Enrolling in School

Mateus and his wife Giselle were married in 1996. They entered the U.S. on tourist visas in 1998 and never left. On May 17, 2000, Mateus' LPR father filed an I-130 petition for him. Giselle's U.S. citizen sister filed a petition for her on January 5, 2007, and the priority date is now current. Mateus and Giselle seek your advice on adjusting status in the U.S. How do you advise them?

Mateus and Giselle are not eligible to adjust under INA § 245(a) because they are in a preference category and have not always maintained their status. They are also ineligible to adjust under INA section 245(i) because no "approvable when filed" petition was filed for them before April 30, 2001.

Luis married a U.S. citizen on November 7, 2019. He entered the U.S. as a conditional resident on May 5, 2021. Luis must file an I-751 petition to remove the conditions during the 90-day period ending on:

May 5, 2023. Luis has conditional residence status since his marriage to the U.S. citizen occurred less than two years before he immigrated. He must file an I-751 joint petition to remove conditions during the 90-day period before his two-year anniversary as an LPR on May 5, 2023. Luis' conditional resident card will expire on May 5, 2023.

Which information listed below is not included in the Notice to Appear (NTA)?

Name of Immigration Judge. A Notice to Appear does not list the name of the Immigration Judge who will be conducting the hearing.

Abigail from Jamaica is living in the U.S. without status. She recently moved out of the home she shared with her spouse Gwen, who is here on a student visa and who has abused Abigail in the past. Can Abigail apply for lawful permanent residence through VAWA?

No, because the abuser is not a U.S. citizen or lawful permanent resident. The correct answer is: No, because the abuser is not a U.S. citizen or lawful permanent resident.

Four months ago, LPR Eduardo filed an I-130 petition for his spouse Marta who lives in Peru. The petition is still pending, and Eduardo died in a car accident last week. Can Marta still immigrate through Eduardo's petition?

No, because there is no remedy that will rescue Eduardo's petition for Marta. Widow self-petitioning does not apply to surviving spouses of LPRs. The INA § 204(l) remedy does not apply when the surviving relative was not living in the U.S. when the petitioner died. Humanitarian reinstatement can apply to a surviving relative residing outside the United States, but only if the petition was already approved. Under these circumstances, there is no remedy for Marta to immigrate through Eduardo's petition, which was automatically revoked when he died.

An asylee is eligible for adjustment of status after being physically present in the US for how long?

One year

Samuel, a U applicant, is 20 years old. He lives with his mother and his brother Raf who is 15 years old. He also has a sister, Shelly, who is 18 years old and recently married. Samuel's relatives are all undocumented. He can include the following family members as derivative beneficiaries:

Only his mother and his brother Raf. A U Status applicant who is under the age of 21 can include his or her spouse, children, parents and unmarried siblings under the age of 18 as derivatives.

Harriet has been placed in removal proceedings and has received notice that her next hearing is scheduled on August 1, 2023. If she does not appear for her hearing, the immigration judge will likely:

Order her removed in absentia. When an individual does not appear for his or her scheduled hearing, the immigration judge may uphold the charges against the person that are in the Notice to Appear and order the person removed from the U.S. This is known as an "in absentia" order.

Which of the following individuals is NOT exempt from the affidavit of support requirement:

Samuel, the beneficiary of a petition filed by his U.S. citizen sister Charlotte. The affidavit of support is required for persons immigrating through a family relationship, but there are a few exceptions. VAWA self-petitioners are not subject to the public charge ground of inadmissibility, so an affidavit of support is not required. Widows and widowers applying for permanent residence based on a prior marriage to a U.S. citizen are exempt from filing an I-864. An exemption also applies for children who will be deriving citizenship status through the Child Citizenship Act of 2000 immediately upon immigrating. There is another exemption for intending immigrants who have earned or can be credited with 40 "qualifying quarters" because of past employment.

What is the difference between Statutes and Regulations?

Statutes also referred to as codes, are laws written and enacted by the legislative branch of government (e.g, U.S. Congress, state legislators). Regulations also referred to as rules, are written by agencies (e.g., Environmental Protection Agency) to supplement laws that were passed by the legislature.

Counseling and completion of immigration forms is the practice of law.

TRUE

Children under 21 do not have to pay the $1000 penalty fee under INA § 245(i).

That is correct. Children under 17 do not have to pay the $1000 penalty fee under INA § 245(i).

A person who immigrates through a spouse more than two years after the marriage will not be classified as a conditional resident.

That is correct. Conditional residency only applies to foreign nationals who obtain LPR status based on a marriage that occurred within two years of (a) entering the U.S. as an LPR or (b) adjusting status.

Monique married U.S. citizen Joseph on August 30, 2019. In November 2021, Joseph filed an I-130 relative petition that was approved last month. Unfortunately, Joseph died suddenly last week. Which answer best describes Monique's options?

The I-130 Joseph filed for Monique automatically converted to an I-360 self-petition so Monique can immigrate based on that approved petition. Spouses of U.S. citizens may be able to immigrate after the U.S. citizen has died. If the citizen spouse had filed an I-130 on behalf of the widow or widower, that petition automatically converts to an I-360 petition upon the petitioner's death. The I-130 petition Joseph filed for Monique automatically converted to an I-360 when he died. Monique is not required to file a new I-360.

Which government agency administers the process for obtaining an immigrant visa?

The U.S. Department of State (DOS) administers the process for issuance of immigrant visas at consulates or embassies abroad. The National Visa Center is part of the DOS and is responsible for pre-processing of a case before the immigrant visa interview.

Ling entered the United States on an F-1 student visa in 2014. She stopped attending school two years after she arrived. She is now married to a U.S. citizen and is applying for adjustment of status. Does Ling need to be concerned about the grounds of inadmissibility, deportability, or both?

The correct answer is both. Ling entered with inspection and is eligible to file for adjustment of status. All applicants for adjustment are subject to the grounds of inadmissibility.If Ling is denied adjustment of status and placed into removal proceedings, she is subject to the grounds of deportability because she violated the terms of her student visa.

A couple must have met in person within one year of the filing of the fiancé(e) petition.

The couple must have met in person within two years of filing the petition. Exceptions apply where (a) there are strict cultural or social practices against meeting in person before the marriage or (b) it would impose an extreme hardship to comply with this requirement.

For refugees, if the adjustment application is approved, the effective date of LPR status is:

The date the applicant was first admitted to the United States as a refugee.

USC Sophia filed a petition for her married son Otto in 2008 in the F-3 preference category. The priority date became current in December 2021, but by that time Otto's son Jaime had already turned 21. What else do you need to know to determine if Jaime can immigrate in the F-3 preference category, even though his age is over 21?

The exact date the I-130 petition was filed with USCIS. The date the I-130 petition was approved by USCIS. Jaime's date of birth. Did Jaime seek to acquire LPR status within one year of the priority date becoming current. Under the Child Status Protection Act (CSPA), Jaime may be able to immigrate as a derivative in the F-3 preference category even though his biological age is over 21. To determine if Jaime can benefit under the CSPA, you must know all of the following: the date the petition was filed with USCIS, the date it was approved, and Jaime's date of birth. Calculate Jaime's exact age on the date the priority date became current (December 1, 2021) and then subtract the amount of time the I-130 was pending (time from filing to approval) from Jaime's biological age to get his "adjusted age." If his adjusted age is under 21, he can immigrate as an F-3 derivative beneficiary as long as he seeks LPR status within one year of the priority date becoming current.

Bay, from Vietnam, entered the United States in 2014 without inspection and has lived here since then. He has no criminal arrests or convictions. Bay was arrested by ICE after being stopped by police for a traffic violation, detained, and placed in proceedings. Which one of the following might occur if an immigration judge reviews his detention and possibility for bond?

The immigration judge may order Bay released on conditional parole, without paying a monetary bond. The immigration judge may order a bond of $1500. The immigration judge may consider evidence to determine whether Bay is a threat to national security, a danger to the community, or likely to abscond. Where a noncitizen is not subject to mandatory detention, an immigration judge may order that individual's release on conditional parole without requiring a monetary bond. Where a bond is set, the minimum bond amount is $1,500. In some cases, where the bond amount set is too high, the respondent may request a bond redetermination hearing before the IJ. In setting a bond, the judge considers whether the respondent is a threat to national security, a danger to the community, or likely to abscond.

Neela, age 28, is the unmarried daughter of a U.S. citizen who filed an I-130 petition for her two years ago. If she marries before immigrating, the following would occur:

The petition her U.S. citizen father filed for her would automatically convert to a third preference petition. The family member on whose behalf the petition is filed is the principal beneficiary. For the preference categories, spouses (and unmarried children under 21) are considered derivative beneficiaries and can immigrate with the principal without a separate I-130.

Susana entered the U.S. on a student visa five years ago but stopped going to school after a year and never left. She has been working at a restaurant for the last three years without authorization. She married U.S. citizen John last month and he would like to petition for her. Which of the following is NOT true?

The statement about Susana that is INCORRECT is: Susana is not eligible to adjust status under INA section 245(a) because she worked without authorization. Section 245(c) of the INA does restrict adjustment of status under section 245(a) if an applicant has worked without authorization or failed to maintain continuously a lawful status since entry. However, there is an exception to both for immediate relatives and some special immigrants. Susana is an immediate relative since she is married to U.S. citizen John. Since Susana can adjust under 245(a) she does not have to pay the $1000 penalty fee required under 245(i). In addition, one of the requirements for adjustment of status under INA 245(a) is that the applicant was inspected and admitted or paroled into the U.S.

17-year-old Jonas fled gang violence in Honduras. He was apprehended at the border and released to his aunt in California. She demands that he work in her restaurant, chopping vegetables and cleaning. She threatens to kick him out of her house and often withholds food. She does not pay him because she says he owes her money for food and housing. His aunt often talks about how ICE is conducting raids and how glad she is of her U.S. citizenship. Jonas will not be able to seek a T visa because he did not enter the U.S. on account of trafficking.

To be eligible for a T visa, the applicant must be physically present in the United States, American Samoa, or the Northern Mariana Islands on account of the trafficking. This refers to physical presence on account of trafficking at the time of applying for T status. It does not require that the person entered the United States on account of trafficking

An adjustment application may be denied as a matter of discretion, even if the application meets all other statutory requirements and the applicant is not inadmissible.

True. Adjustment is a discretionary form of relief and may be denied if there are certain negative factors that the adjudicator believes are serious and outweigh the positive ones.

An applicant for adjustment of status under 245(i) must file an I-485 Supplement A form.

True. If the petition was filed on or before January 14, 1998, there is no physical presence requirement. If the petition was filed after January 14, 1998, the adjustment applicant will have to submit proof that the principal beneficiary of the petition was physically present in the United States on December 21, 2000. To demonstrate physical presence on December 21, 2000, the applicant should submit documentation issued by the Department of Homeland Security (DHS) or other federal, state, or local authorities. The applicant also may submit nongovernment-issued documentation, such as school records, rent receipts, utility bill receipts, employment records, and credit card statements. Spouses and unmarried children accompanying or following to join a principal beneficiary in the preference categories (i.e., derivatives) are exempt from the physical presence requirement.

Being the beneficiary of an I-140 or I-526 filed with USCIS or application for labor certification filed with the Department of Labor or before April 30, 2001 can help that individual become eligible to adjust status under INA § 245(i), if that application was approvable when filed.

True. In addition to beneficiaries or derivative beneficiaries of I-130 family based petitions, those with one of these types of employment-based petitions can also be grandfathered under INA § 245(i).

If a conditional resident divorces his or her spouse, he or she can file a waiver of the joint petition requirement.

True. That is correct. If a conditional resident cannot file an I-751 joint petition because of divorce, he or she can file a waiver of the joint petition requirement. The waiver is also filed on a form I-751 and must contain evidence of the termination of the marriage and that the marriage was entered into in good faith.

You can use assets along with income to meet the affidavit of support requirement.

True. The assets must be in the amount of five times the shortfall in income, unless the intending immigrant is the spouse or the child age 18 years or over of a U.S. citizen. In those two circumstances, the assets only need to be three times the shortfall.

Some of the permanent employment-based immigrant categories require that the employer first obtain a labor certification from the Department of Labor confirming that there are no U.S. workers able, qualified and willing to perform the work for which the noncitizen is being hired.

True. The labor certification is obtained from the Department of Labor. The Department of Labor also must confirm that that employment of the noncitizen will not adversely affect the wages and working conditions of U.S. workers.

In order to qualify for asylum, one must demonstrate a fear of persecution on account of one of the five protected grounds which are: race, religion, nationality, political opinion, and membership in a particular social group.

True. The protected grounds for asylum are race, religion, nationality, political opinion, and membership in a particular social group.

An applicant who does not timely file for asylum within a year of entry can show an exception based either on changed or extraordinary circumstances.

True. There are numerous exceptions to the one-year filing deadline. They are grouped under the broad classifications of "changed" or "extraordinary" circumstances.

The employment-based third preference category (EB-3) for professionals, skilled and unskilled workers requires that the employer obtain a labor certification, and a full-time job offer must be made to the noncitizen.

True. Third preference petitions must generally be accompanied by an approved, individual labor certification from the Department of Labor on Form ETA-9089.

One of the eligibility requirements for adjustment of status under INA § 245(a) is that the applicant was inspected and admitted or paroled into the United States.

True. Under INA § 245(a), an applicant for adjustment must have been inspected and admitted or paroled. To be inspected and admitted is to have presented oneself to an immigration officer at the border, or its functional equivalent, for questioning.

An individual granted asylum or refugee status must generally file a Form I-730 for a family member within how many years of the grant of asylee or refugee status?

Two.

Which federal agency is responsible for issuance of immigrant and nonimmigrant visas at U.S. consulates abroad?

U.S. Department of State

There is a specific ground of deportability for certain firearm offenses but no parallel ground of inadmissibility for a conviction for certain firearm offenses.

Under INA § 237(a)(2)(C), a noncitizen is deportable if at any time after admission, he or she is convicted of any law of purchasing, selling, exchanging, using, owning, possessing or carrying any weapon in violation of law or conspiring or attempting to do the same. There is no parallel ground of inadmissibility specifically for firearm offenses.

What does "USC" mean in the citation 8 USC § 1227?

United States Code

Aurelia, from Mexico, entered the United States without inspection. She married LPR Daniel who physically abused her. Which of the following statements are true:

Unless the Visa Bulletin is current for the F2A category, she will have to wait until after her I-360 is approved and for her priority date to become current before she can apply to adjust status. True. Because her abuser is an LPR, she will be in the F2A category and must await a current priority date before applying for adjustment of status.

The immigration status of the perpetrator is relevant for the following immigration benefit(s):

VAWA

When filing an I-129F fiancé(e) petition, the petitioner must establish that the couple intends to marry within how many days of the fiancé(e) entering on the K-1 visa?

When filing the I-129F, the U.S. citizen petitioner must submit evidence that the couple intends to marry within 90 days of the fiancé(e)'s entry as a K-1 nonimmigrant.

Guadalupe made a false claim of citizenship when she attempted to enter the U.S. at age 19 in 2015. She is now married to a U.S. citizen. She now wants to apply for adjustment of status. Is she inadmissible?

Yes. That is correct. Guadalupe is inadmissible under INA § 212(a)(6)(C)(ii) because her false claim was made on or after 9/30/96. There is no waiver available to her.

What is the employment term of service (by or on behalf of the US government or by the International Security Assistance Force) required under Section 602(b) of the Afghan Allies Protection Act?

one year