ACP Immigration Petition Preparation 3 — Questions and Answers
Question 1: When preparing a fiancé(e) visa petition, which form must the U.S. citizen petitioner file with USCIS?
- Form I-129F (Correct answer)
- Form I-130
- Form I-485
- Form I-526
Correct answer: Form I-129F
Form I-129F (Petition for Alien Fiancé(e)) is filed by a U.S. citizen to bring a foreign national fiancé(e) to the U.S. to marry within 90 days of admission.
Question 2: A paralegal discovers that a client's Form I-140 was approved three years ago but no adjustment of status was ever filed. What is the significance of this approved petition?
- The approved I-140 retains the original priority date even if the petitioner withdraws it, protecting the beneficiary's place in line (Correct answer)
- The petition automatically expires and must be refiled
- The beneficiary must restart the PERM process from the beginning
- The priority date resets to the date of the new I-485 filing
Correct answer: The approved I-140 retains the original priority date even if the petitioner withdraws it, protecting the beneficiary's place in line
Under INA § 204(j) and AC21, an approved I-140 locks in the priority date, which can be retained by the beneficiary even if the employer later withdraws the petition.
Question 3: Which ground of inadmissibility is triggered when an alien has been convicted of a crime involving moral turpitude (CIMT)?
- INA § 212(a)(2)(A)(i)(I) (Correct answer)
- INA § 212(a)(6)(C)
- INA § 212(a)(4)
- INA § 212(a)(9)(B)
Correct answer: INA § 212(a)(2)(A)(i)(I)
INA § 212(a)(2)(A)(i)(I) renders inadmissible aliens convicted of or who admit committing a crime involving moral turpitude.
Question 4: What is the statutory period within which a conditional permanent resident must file Form I-751 to remove conditions on residence?
- During the 90-day window before the two-year conditional green card expires (Correct answer)
- Within 30 days of marriage dissolution
- Anytime within the two-year conditional period
- Six months after the second anniversary of receiving conditional residence
Correct answer: During the 90-day window before the two-year conditional green card expires
Form I-751 must be filed during the 90-day window immediately preceding the expiration of the two-year conditional permanent residence.
Question 5: Which type of visa petition is required for an O-1A nonimmigrant with extraordinary ability in sciences?
- Form I-129 with O classification supplement (Correct answer)
- Form I-140 EB-1A petition
- Form I-360 special immigrant petition
- Form DS-160 nonimmigrant visa application
Correct answer: Form I-129 with O classification supplement
Form I-129 with the O supplement is the correct petition for O-1A nonimmigrant status for individuals with extraordinary ability in sciences, education, business, or athletics.
Question 6: A client is a derivative beneficiary on a parent's approved Form I-130. Under what circumstance would the derivative beneficiary lose eligibility?
- The derivative beneficiary marries before their immigrant visa is issued (Correct answer)
- The principal beneficiary reaches the country's annual visa cap
- The petitioner changes their address
- The derivative beneficiary turns 18 years old
Correct answer: The derivative beneficiary marries before their immigrant visa is issued
Marriage of a derivative beneficiary generally terminates their eligibility as a derivative, as the child must be unmarried to qualify.
Question 7: What is the effect of filing a timely I-751 petition to remove conditions on a conditional resident's status while USCIS adjudicates the petition?
- The conditional resident status is automatically extended in one-year increments until USCIS adjudicates the petition (Correct answer)
- The conditional resident must leave and reenter to maintain status
- The conditional resident's work authorization terminates until a decision is issued
- A Notice to Appear is automatically issued to the alien
Correct answer: The conditional resident status is automatically extended in one-year increments until USCIS adjudicates the petition
A timely-filed I-751 automatically extends conditional resident status in one-year increments, and USCIS issues an extension stamp on the Form I-551.
ACP Immigration Petition Preparation 3
When preparing a fiancé(e) visa petition, which form must the U.S. citizen petitioner file with USCIS?