CIA CIA Status Adjustments & Naturalization 1

Question 1

What is 'adjustment of status' (AOS) and who is eligible to apply from within the United States?

Accepted Answer

A process allowing eligible individuals already in the U.S. to obtain lawful permanent residence without returning to their home country for consular processing

Answer

Adjustment of status under INA Section 245 allows eligible noncitizens to apply for an immigrant visa and permanent residence without departing the U.S. for consular processing.

Question 2

Under the INA, what is the minimum continuous residence period required for naturalization for a spouse of a U.S. citizen?

Accepted Answer

3 years

Answer

A lawful permanent resident who is the spouse of a U.S. citizen and has been living in marital union with that citizen may apply for naturalization after 3 years of continuous residence.

Question 3

What is the '10-year bar' on reentry to the United States?

Accepted Answer

A bar imposed on individuals who are found to have been unlawfully present for more than 1 year and then depart or are removed

Answer

Under INA 212(a)(9)(B), individuals unlawfully present for more than one year who then depart trigger a 10-year bar on reentry.

Question 4

What is 'consular processing' and when is it typically used instead of adjustment of status?

Accepted Answer

A method for obtaining an immigrant visa at a U.S. consulate or embassy abroad, used when the applicant is outside the U.S. or ineligible for AOS

Answer

Consular processing requires the applicant to attend an immigrant visa interview at a U.S. consulate or embassy and is used when the applicant is outside the U.S. or is ineligible to adjust status domestically.

Question 5

What is the 'physical presence' requirement for naturalization for most lawful permanent residents?

Accepted Answer

At least 30 months of physical presence in the U.S. within the past 5 years

Answer

Most naturalization applicants must have been physically present in the U.S. for at least 30 months out of the 5 years preceding the application.

CIA - Certified Immigration Advisor Practice Test

CIA - Certified Immigration Advisor Practice Test

CIA CIA Status Adjustments & Naturalization 1