CFPT Comprehending Regulations 3 — Questions and Answers
Question 1: Under 22 CFR 41.121, which document must an applicant present to receive a nonimmigrant visa stamp?
- A valid driver's license
- A valid unexpired passport (Correct answer)
- An original birth certificate
- A notarized affidavit of identity
Correct answer: A valid unexpired passport
22 CFR 41.121 requires that a nonimmigrant visa be issued in a valid unexpired passport or travel document.
Question 2: An alien's visa has been revoked pursuant to 22 CFR 41.122. Which statement best describes the legal effect?
- The alien must immediately depart the United States
- The revocation voids the visa's validity but does not necessarily require immediate departure (Correct answer)
- The alien automatically becomes inadmissible for ten years
- The alien's status adjusts automatically to unlawful presence
Correct answer: The revocation voids the visa's validity but does not necessarily require immediate departure
Visa revocation under 22 CFR 41.122 terminates the visa's validity but an alien lawfully admitted may remain until the authorized period expires.
Question 3: The principle that consular visa decisions are generally not subject to judicial review is known as:
- Chevron deference
- Consular nonreviewability (Correct answer)
- Sovereign immunity
- The political question doctrine
Correct answer: Consular nonreviewability
Consular nonreviewability holds that federal courts generally lack jurisdiction to review a consular officer's decision to deny a visa.
Question 4: Under the Immigrant and Nationality Act, which ground of inadmissibility covers aliens who have been unlawfully present in the U.S. for more than one year?
- INA 212(a)(2) – criminal grounds
- INA 212(a)(6)(A) – present without admission
- INA 212(a)(9)(B)(i)(II) – 10-year bar for 1-year unlawful presence (Correct answer)
- INA 212(a)(4) – public charge
Correct answer: INA 212(a)(9)(B)(i)(II) – 10-year bar for 1-year unlawful presence
INA 212(a)(9)(B)(i)(II) imposes a 10-year bar on aliens who have been unlawfully present for one year or more and then depart.
Question 5: Which regulatory concept allows a consular officer to approve a visa for an otherwise inadmissible alien when specific statutory criteria are met?
- Equitable tolling
- A waiver of inadmissibility (Correct answer)
- Parole in place
- Advance parole
Correct answer: A waiver of inadmissibility
Waivers of inadmissibility under INA 212(d) and related sections allow consular officers or DHS to excuse certain grounds of inadmissibility.
Question 6: Which section of the FAM covers visa-related regulations for immigrant visas?
- 9 FAM 201
- 9 FAM 501
- 9 FAM 401 (Correct answer)
- 9 FAM 301
Correct answer: 9 FAM 401
9 FAM 401 and its subparts address immigrant visa procedures and regulations for consular officers.
Question 7: Under INA Section 221(g), a visa application may be refused on which of the following grounds?
- Failure to qualify under any visa classification (Correct answer)
- Criminal history discovered after interview
- Overstay in a prior visa category only
- Failure to pay the application fee
Correct answer: Failure to qualify under any visa classification
INA 221(g) allows refusal when an applicant has not established eligibility for the visa sought or when required documentation is missing.
CFPT Comprehending Regulations 3
Under 22 CFR 41.121, which document must an applicant present to receive a nonimmigrant visa stamp?