Case Analysis Flashcards

A client is in removal proceedings and has 11 years of continuous physical presence and a U.S. citizen child with a serious medical condition. Which relief should be analyzed?

Answer: Non-LPR cancellation of removal

Non-LPR cancellation requires 10 years of continuous physical presence, good moral character, and exceptional and extremely unusual hardship to a qualifying relative.

An applicant for an I-601A provisional waiver has only a U.S. citizen child. What is the problem?

Answer: The I-601A requires a U.S. citizen spouse

For unlawful presence waivers, the qualifying relative must be a U.S. citizen or LPR spouse or parent, not a child.

A client stayed unlawfully from age 15 to 19 and then departed. How much unlawful presence counts toward the 3- and 10-year bars?

Answer: About 1 year, counted only from age 18

Unlawful presence does not accrue for 212(a)(9)(B) purposes while a person is under 18.

A client checked the 'U.S. citizen' box on an I-9 form in 2015 to get a job. What is the likely immigration consequence?

Answer: Permanent inadmissibility for a false claim to U.S. citizenship, subject to narrow exceptions

A false claim to U.S. citizenship made on or after September 30, 1996 for any benefit under the law, including employment, makes a person permanently inadmissible.

A sponsor's household income is below 125% of the Federal Poverty Guidelines on Form I-864. What is a valid option?

Answer: Add a joint sponsor who meets the income requirement

If the petitioner cannot meet the income requirement, a joint sponsor or qualifying assets can be used.

A USCIS finding from a prior petition says the beneficiary entered a fraudulent marriage. A new spouse now files an I-130. What is the result?

Answer: Denial under INA 204(c), regardless of the new marriage's validity

INA 204(c) bars approval of any later petition for a beneficiary previously found to have entered a marriage for immigration purposes.

A crime victim helped police in an investigation and suffered substantial abuse. Which form must accompany her U visa petition?

Answer: I-918 Supplement B law enforcement certification

The U visa requires a certification from a law enforcement agency on Form I-918 Supplement B.