Client Assessment & Counseling Flashcards

Under the Child Status Protection Act (CSPA), how is a derivative child's age generally calculated for preference categories?

Answer: Age when the visa becomes available, minus the time the petition was pending

CSPA age equals age at visa availability minus the time the petition was pending, which can keep some children under 21.

An LPR client married to and living with a U.S. citizen spouse asks when they may apply to naturalize. What is the general residence requirement?

Answer: 3 years as an LPR while married to and living with the USC spouse

INA 319(a) lets spouses of U.S. citizens apply after 3 years of permanent residence if married to and living with the citizen during that time.

An LPR client plans to live abroad for about 14 months for work. What should be recommended before departure?

Answer: Apply for a reentry permit on Form I-131 before leaving

An absence of one year or more without a reentry permit generally means the green card can no longer be used for reentry and suggests abandonment, while a reentry permit can be valid for up to 2 years.

A client mentions a past criminal conviction during assessment. What is the best practice?

Answer: Get certified court dispositions and refer the case for legal analysis of its immigration consequences

Immigration consequences depend on the exact statute and disposition, so certified records and an attorney's analysis are essential.

Which evidence most strongly supports a bona fide marriage in a marriage-based green card case?

Answer: Joint lease or mortgage, commingled bank accounts, and shared children's birth certificates

Evidence of shared finances, a shared home, and children together best shows a real marital relationship.

A client receives a Request for Evidence (RFE) from USCIS. What is the most important counseling point?

Answer: Respond by the deadline on the notice, sending all requested evidence together in one package

USCIS generally expects one complete response by the stated deadline, and missing it can lead to denial.

A client asks for help arranging a marriage to a U.S. citizen in exchange for payment, solely to get a green card. What should the consultant know?

Answer: Marriage fraud is a federal crime punishable by up to 5 years in prison and a $250,000 fine, and the consultant must refuse

Under 8 U.S.C. 1325(c), entering a marriage to evade immigration law carries up to 5 years' imprisonment and a $250,000 fine.