CIC Case Analysis 3

Question 1

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

Accepted Answer

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

Answer

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

Question 2

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

Accepted Answer

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

Answer

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

Question 3

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?

Accepted Answer

Petty offense exception

Answer

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

Question 4

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?

Accepted Answer

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

Answer

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

Question 5

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

Accepted Answer

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

Answer

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

CIC - Certified Immigration Consultant Practice Test