CFPT Comprehending Regulations 3

Question 1

Under 22 CFR 41.121, which document must an applicant present to receive a nonimmigrant visa stamp?

Accepted Answer

A valid unexpired passport

Answer

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An alien's visa has been revoked pursuant to 22 CFR 41.122.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?

Accepted Answer

The revocation voids the visa's validity but does not necessarily require immediate departure

Answer

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:

Accepted Answer

Consular nonreviewability

Answer

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?

Accepted Answer

INA 212(a)(9)(B)(i)(II) – 10-year bar for 1-year unlawful presence

Answer

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?

Accepted Answer

A waiver of inadmissibility

Answer

Waivers of inadmissibility under INA 212(d) and related sections allow consular officers or DHS to excuse certain grounds of inadmissibility.

CFPT - Consular Fellows Program Test Practice Test

CFPT - Consular Fellows Program Test Practice Test

CFPT Comprehending Regulations 3