Immigration Petition Preparation Flashcards
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Read the first 7 Immigration Petition Preparation flashcards as text
Which USCIS form is used to petition for an alien relative who is an immediate relative of a U.S. citizen?
Answer: Form I-130
Form I-130 (Petition for Alien Relative) is filed by U.S. citizens or LPRs to establish qualifying family relationships for immigration purposes.
A paralegal is preparing an employment-based second preference (EB-2) petition. What labor certification document is typically required?
Answer: ETA Form 9089 approved by DOL
ETA Form 9089 (PERM Labor Certification) approved by the Department of Labor is generally required for EB-2 petitions, unless a National Interest Waiver is sought.
When the priority date for a preference visa category is 'current,' what does that mean for the beneficiary?
Answer: A visa number is immediately available to file for adjustment of status or apply for an immigrant visa
A 'current' priority date in the Visa Bulletin means a visa number is available, allowing the beneficiary to proceed with the final step of the immigrant visa process.
Which petition category allows multinational managers or executives to obtain an EB-1C green card without a labor certification?
Answer: EB-1C Multinational Executive or Manager
EB-1C allows qualifying multinational managers or executives to self-petition or be petitioned by their employer without undergoing the PERM labor certification process.
A client overstayed a visa by 200 days and then departed the U.S. Which ground of inadmissibility applies upon return?
Answer: Three-year bar under INA § 212(a)(9)(B)(i)(I)
An unlawful presence of more than 180 days but less than one year triggers a three-year bar under INA § 212(a)(9)(B)(i)(I) upon departure.
What is the primary purpose of Form I-864, Affidavit of Support?
Answer: To demonstrate the petitioner's financial ability to support the intending immigrant above 125% of the federal poverty guidelines
Form I-864 creates a legally enforceable contract requiring the sponsor to maintain the intending immigrant at 125% of the federal poverty level.
Which document establishes the legal basis for an EB-1A extraordinary ability petition without requiring employer sponsorship?
Answer: A self-petition under INA § 203(b)(1)(A) demonstrating sustained national or international acclaim
EB-1A allows individuals of extraordinary ability to self-petition by demonstrating sustained national or international acclaim through evidence meeting at least 3 of 10 regulatory criteria.