Client Assessment & Counseling Flashcards

A client who entered without inspection is married to a U.S. citizen and must consular process abroad. Which form may let them seek a waiver of unlawful presence before departing?

Answer: Form I-601A

Form I-601A, the Provisional Unlawful Presence Waiver, is filed in the U.S. before the immigrant visa interview abroad.

For an I-601A provisional waiver, extreme hardship must be shown to which qualifying relative?

Answer: A U.S. citizen or lawful permanent resident spouse or parent

The unlawful presence waiver requires extreme hardship to a USC or LPR spouse or parent; hardship to children alone does not qualify.

A client wants to apply for asylum. What filing deadline should be flagged during assessment?

Answer: Within 1 year of the last arrival in the U.S., subject to limited exceptions

Asylum applications generally must be filed within one year of the applicant's last arrival, unless changed or extraordinary circumstances apply.

In a family-based immigrant petition on Form I-130, who is the petitioner?

Answer: The U.S. citizen or lawful permanent resident relative

The USC or LPR relative files the I-130 as petitioner on behalf of the foreign national beneficiary.

A DACA recipient asks about visiting a sick relative abroad. What should be flagged during counseling?

Answer: They should get advance parole on Form I-131 before leaving

Leaving the U.S. without advance parole generally ends DACA, so approved advance parole is needed before departure.

For most family-based Affidavits of Support (Form I-864), the sponsor's household income must generally be at least what percentage of the Federal Poverty Guidelines?

Answer: 125%

Sponsors generally need income at or above 125% of the poverty guidelines, or 100% for active-duty military sponsoring a spouse or child.

Both spouses ask for your help, but in a private intake one discloses abuse by the other and asks about VAWA. What is the appropriate response?

Answer: Keep the disclosure confidential, avoid the conflict of interest, and refer the abused spouse to an attorney or accredited representative

VAWA cases carry strict confidentiality protections, and helping both spouses creates a clear conflict of interest.