ACP Immigration Petition Preparation 2 — Questions and Answers
Question 1: Which USCIS form is used to petition for an alien relative who is an immediate relative of a U.S. citizen?
- Form I-130 (Correct answer)
- Form I-140
- Form I-360
- Form I-526
Correct 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.
Question 2: A paralegal is preparing an employment-based second preference (EB-2) petition. What labor certification document is typically required?
- ETA Form 9089 approved by DOL (Correct answer)
- Form I-140 approval notice
- Form ETA-9035 LCA
- DS-260 immigrant visa application
Correct 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.
Question 3: When the priority date for a preference visa category is 'current,' what does that mean for the beneficiary?
- A visa number is immediately available to file for adjustment of status or apply for an immigrant visa (Correct answer)
- The petition has just been filed and is pending
- The beneficiary must wait at least six months before proceeding
- USCIS has approved the underlying petition
Correct 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.
Question 4: Which petition category allows multinational managers or executives to obtain an EB-1C green card without a labor certification?
- EB-1C Multinational Executive or Manager (Correct answer)
- EB-2 National Interest Waiver
- EB-3 Skilled Worker
- L-1A Intracompany Transferee
Correct 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.
Question 5: A client overstayed a visa by 200 days and then departed the U.S. Which ground of inadmissibility applies upon return?
- Three-year bar under INA § 212(a)(9)(B)(i)(I) (Correct answer)
- Ten-year bar under INA § 212(a)(9)(B)(i)(II)
- Permanent bar under INA § 212(a)(9)(C)
- No bar applies because the client departed voluntarily
Correct 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.
Question 6: What is the primary purpose of Form I-864, Affidavit of Support?
- To demonstrate the petitioner's financial ability to support the intending immigrant above 125% of the federal poverty guidelines (Correct answer)
- To waive the public charge ground of inadmissibility permanently
- To certify the beneficiary's employment history
- To request fee waivers for immigration filing fees
Correct 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.
Question 7: Which document establishes the legal basis for an EB-1A extraordinary ability petition without requiring employer sponsorship?
- A self-petition under INA § 203(b)(1)(A) demonstrating sustained national or international acclaim (Correct answer)
- An approved labor certification from the DOL
- A letter of support from a U.S. government agency
- An approved Form I-130 from a U.S. relative
Correct 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.
ACP Immigration Petition Preparation 2
Which USCIS form is used to petition for an alien relative who is an immediate relative of a U.S. citizen?