Mixed Deck — All CIC Topics Flashcards

An LPR with 8 years of status was convicted of an aggravated felony in 2018. How does this affect naturalization?

Answer: It is a permanent bar to establishing good moral character

Conviction of an aggravated felony on or after November 29, 1990 permanently bars good moral character for naturalization.

What is the fundamental ethical obligation in professional ethics?

Answer: Maintaining integrity, confidentiality, and competence in service to clients and justice

Legal professionals must maintain integrity, confidentiality, and competence as fundamental ethical obligations.

USCIS denies a petition, and the applicant now has new evidence that was not available before. Which motion fits best?

Answer: Motion to reopen

A motion to reopen must state new facts and be supported by documentary evidence.

Which nonimmigrant visa category allows foreign nationals to work in specialty occupations requiring at least a bachelor's degree in the US?

Answer: H-1B

The H-1B visa is designated for workers in specialty occupations that require at least a bachelor's degree or equivalent in a specific field.

A spouse-beneficiary was previously married. What documentation is generally required regarding the earlier marriage?

Answer: Proof it legally ended, such as a final divorce decree, annulment, or death certificate

Each prior marriage must be shown terminated to prove the current marriage is legally valid.

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 submits an I-130 with a photocopy of a two-sided marriage certificate but only copies the front. What is the best practice?

Answer: Copy both sides, since annotations or registration details may appear on the back

Complete copies, including reverse sides with seals or notations, avoid RFEs for incomplete evidence.

During intake, a client says they were ordered removed from the U.S. years ago and later re-entered. What is the most appropriate next step?

Answer: Note possible reinstatement and inadmissibility issues and refer the client to an immigration attorney

A prior removal order followed by re-entry can trigger reinstatement and permanent bars, so the client needs an attorney's analysis.

The O-1 visa is designed for aliens who meet what standard?

Answer: Extraordinary ability or achievement

The O-1 visa is for aliens of extraordinary ability in sciences, arts, education, business, or athletics, or those with extraordinary achievement in the motion picture or TV industry.

A client threatens to file a complaint over a delayed case. What is the consultant's most appropriate first step?

Answer: Listen, review the file, and explain the status and options in writing

Early, documented communication often resolves complaints before they escalate.

What is the fundamental ethical obligation in dispute resolution?

Answer: Maintaining integrity, confidentiality, and competence in service to clients and justice

Legal professionals must maintain integrity, confidentiality, and competence as fundamental ethical obligations.

Under federal regulations, who may represent clients before USCIS and immigration courts?

Answer: Licensed attorneys and DOJ-accredited representatives of recognized organizations

8 CFR 292.1 limits representation mainly to attorneys and accredited representatives of DOJ-recognized organizations.

Which DOL process establishes the required labor market test for most employment-based green card petitions?

Answer: PERM Labor Certification

PERM (Program Electronic Review Management) Labor Certification requires employers to demonstrate that no qualified US workers are available for the offered position.

Under immigration law, when must refugees apply for lawful permanent residence after being admitted to the United States?

Answer: After 1 year

Federal law requires refugees to apply for lawful permanent residence using Form I-485 one year after their admission to the United States.

How should conflicts of interest be handled in legal research methods?

Answer: Identify, disclose, and either obtain informed consent or decline the matter

Conflicts of interest must be identified proactively, disclosed to all affected parties, and resolved through informed consent or declining the engagement.

Under the EB-5 Reform and Integrity Act of 2022, what is the minimum investment amount required in a Targeted Employment Area (TEA)?

Answer: $800,000

Following the EB-5 Reform and Integrity Act of 2022, the minimum investment threshold in a Targeted Employment Area is $800,000.

What must a DOJ-recognized organization have on file to be eligible for recognition?

Answer: Access to adequate knowledge, information, and experience in immigration law

8 CFR 1292.11 requires recognized organizations to be nonprofit and have adequate knowledge, information, and experience in immigration law.

A client's birth was never registered. Before relying on secondary evidence, what should the consultant generally obtain first?

Answer: A certificate of nonavailability from the appropriate civil authority

USCIS expects proof that primary evidence does not exist, typically a nonavailability certificate, before accepting secondary evidence.

Which feature most clearly distinguishes mediation from arbitration?

Answer: The mediator has no authority to impose a decision

A mediator helps the parties reach their own settlement but cannot impose an outcome.

For most family-based Form I-864 sponsors, what minimum household income is required?

Answer: 125% of the Federal Poverty Guidelines

Sponsors generally must show income at 125% of the FPG, or 100% if on active military duty sponsoring a spouse or child.