Case Analysis Flashcards
7 cards from real CIC practice questions. Tap to flip, then mark Knew It or Still Learning — missed cards come back until you master them.
Read the first 7 Case Analysis flashcards as text
A client overstayed a B-2 visa by 8 months, departed voluntarily, and now wants to return on a new visa. Which bar most likely applies?
Answer: The 3-year unlawful presence bar
Unlawful presence of more than 180 days but less than one year followed by departure triggers the 3-year bar under INA 212(a)(9)(B)(i)(I).
A U.S. citizen, age 25, wants to petition for her married brother living abroad. Which preference category applies?
Answer: F4
Siblings of adult U.S. citizens fall under the fourth family preference (F4), regardless of the sibling's marital status.
A lawful permanent resident asks to petition for his widowed mother. What is the correct analysis?
Answer: LPRs cannot petition for parents; he must naturalize first
Only U.S. citizens age 21 or older can petition for parents; LPRs may petition only for spouses and unmarried children.
A client entered without inspection 12 years ago and is now married to a U.S. citizen. No petition was ever filed for him before 2001. Can he adjust status inside the U.S.?
Answer: Generally no, because he was never inspected and admitted or paroled
INA 245(a) requires inspection and admission or parole, and 245(i) needs a petition or labor certification filed by April 30, 2001.
A conditional resident married 22 months ago is still married and wants to remove conditions. When should Form I-751 be filed?
Answer: Within the 90 days before the second anniversary of conditional residence
A joint I-751 is filed during the 90-day window before the two-year anniversary of obtaining conditional residence.
A client spent 7 months abroad during his five-year naturalization period. How does this affect continuous residence?
Answer: It creates a rebuttable presumption that continuous residence was broken
Absences of more than six months but less than one year create a presumption of a break that the applicant may rebut.
An asylum seeker arrived 18 months ago and has not filed. What must the case analysis address first?
Answer: The one-year filing deadline and any exception for changed or extraordinary circumstances
Asylum must generally be filed within one year of last arrival unless changed or extraordinary circumstances apply.
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