Immigration Petition Preparation Flashcards
7 cards from real ACP practice questions. Tap to flip, then mark Knew It or Still Learning — missed cards come back until you master them.
Read the first 7 Immigration Petition Preparation flashcards as text
A paralegal is helping prepare a national interest waiver (NIW) petition under EB-2. Which legal standard established in Matter of Dhanasar (2016) must be met?
Answer: The proposed endeavor has substantial merit and national importance, the petitioner is well-positioned to advance it, and waiving the job offer requirement would benefit the U.S.
Matter of Dhanasar established a three-prong test: (1) substantial merit and national importance of the endeavor, (2) alien is well-positioned to advance it, and (3) it would benefit the U.S. to waive the job offer requirement.
Which supporting document is most critical to include in a religious worker (EB-4 or R-1) petition to satisfy the qualifying organization requirement?
Answer: IRS tax-exempt status letter under § 501(c)(3) or evidence of the organization's recognized religious denomination
The petitioning organization must demonstrate it is a bona fide nonprofit religious organization, typically evidenced by IRS § 501(c)(3) tax-exempt status or denomination recognition.
Under the Child Status Protection Act (CSPA), how is an immigrant visa beneficiary's 'CSPA age' calculated?
Answer: The child's age on the date the visa becomes available minus the time the I-130 or I-140 petition was pending with USCIS
CSPA age is calculated by subtracting the petition's USCIS pending time from the child's age when the priority date became current, allowing some children to remain eligible as derivatives.
A Form I-140 for an EB-3 skilled worker has been approved, but the priority date is backlogged. The beneficiary's H-1B status is expiring. What option may allow the beneficiary to remain in status?
Answer: H-1B extension beyond the six-year cap under AC21 § 106(a) if the I-140 has been approved for 365+ days
AC21 § 106(a) allows H-1B extensions in three-year increments beyond the six-year cap when an I-140 has been approved and the priority date is backlogged by 365+ days.
What is the legal effect of a 'Notice to Appear' (NTA) being issued to an alien who has a pending adjustment of status application?
Answer: The immigration court acquires jurisdiction and the adjustment application may be adjudicated by the immigration judge
When an NTA is filed with the immigration court, the court acquires jurisdiction over the case, and the immigration judge may adjudicate the adjustment of status application in removal proceedings.
Which evidentiary category is NOT one of the ten regulatory criteria for demonstrating extraordinary ability under 8 C.F.R. § 204.5(h)(3) for an EB-1A petition?
Answer: A signed employment contract with a U.S. employer paying a salary in the top 10% of the field
An employment contract is not one of the ten regulatory criteria; the high salary criterion relates to compensation evidence, not a formal employment agreement.
During preparation of a consular processing packet, what is the role of the National Visa Center (NVC)?
Answer: NVC collects immigrant visa fees and required civil and financial documents before scheduling the applicant's consular interview
The NVC acts as the intermediary that collects fees, civil documents, and financial support documents (I-864) before forwarding the completed package to the consulate for interview scheduling.