Case Analysis Flashcards

A K-1 fiancée entered the U.S. 4 months ago but the couple has not married. What is the main problem?

Answer: The marriage had to occur within 90 days, and she generally cannot adjust through a different basis

K-1 entrants must marry the petitioner within 90 days and may adjust only based on that marriage.

A Visa Waiver Program entrant overstayed and has now married a U.S. citizen. What is the general analysis?

Answer: As an immediate relative, she may generally still adjust despite the overstay

Immediate relatives who were admitted under the VWP can generally adjust because 245(c) status violations are excused for them.

A client has a single shoplifting conviction with a maximum possible penalty of 1 year and an actual sentence of 3 months. What exception may apply?

Answer: Petty offense exception

The petty offense exception covers one CIMT with a maximum penalty of one year or less and a sentence of six months or less.

A U.S. citizen married a woman whose son was 17 at the time of the marriage. Can the citizen petition for the son as a stepchild?

Answer: Yes, because the marriage took place before the child turned 18

A stepchild qualifies as a 'child' if the marriage creating the relationship occurred before the child's 18th birthday.

A client lived unlawfully in the U.S. for 2 years, departed, and then re-entered without inspection. What is the consequence?

Answer: Permanent inadmissibility under INA 212(a)(9)(C), with consent to reapply only after 10 years abroad

More than one year of aggregate unlawful presence followed by entry or attempted entry without admission triggers the permanent bar.

A beneficiary turned 21 while the F2A petition was pending for 2 years; she was 22 when a visa became available. What tool should be applied?

Answer: The Child Status Protection Act age calculation

CSPA subtracts the time the petition was pending from the beneficiary's age when a visa becomes available.

A client married to a U.S. citizen for 3 years, living together, has held a green card for 3 years. Is she eligible to naturalize?

Answer: Yes, under the 3-year rule for spouses of U.S. citizens, if other requirements are met

INA 319(a) allows naturalization after 3 years as an LPR while married to and living with the same U.S. citizen spouse.