Appeals & Inadmissibility Flashcards

Which form is used to appeal a USCIS denial to the Administrative Appeals Office (AAO)?

Answer: Form I-290B

Form I-290B (Notice of Appeal or Motion) is the form filed with the AAO to appeal adverse USCIS decisions on immigration petitions.

Under INA 212(a)(9)(B), an alien who accrues more than 180 days but less than one year of unlawful presence and then departs the US faces a bar of how many years?

Answer: 3 years

Under INA 212(a)(9)(B)(i)(I), aliens who accrue more than 180 days but less than one year of unlawful presence and then depart are subject to a 3-year bar from admission.

Which form is used to apply for a waiver of most grounds of inadmissibility when applying for an immigrant visa or adjustment of status?

Answer: Form I-601

Form I-601 (Application for Waiver of Grounds of Inadmissibility) is the primary form used to request a waiver of most grounds of inadmissibility under INA 212.

What is the general deadline for filing a motion to reconsider with USCIS after an adverse decision?

Answer: 30 days

Under 8 CFR 103.5, a motion to reconsider must generally be filed within 30 days of the service of the unfavorable decision.

Under INA 212(a)(9)(B)(i)(II), an alien who accrues one year or more of unlawful presence and then departs the US is subject to a bar of how many years?

Answer: 10 years

One year or more of unlawful presence followed by departure triggers the 10-year bar under INA 212(a)(9)(B)(i)(II).

Which form allows certain immediate relatives of US citizens to apply for a provisional unlawful presence waiver inside the US before departing for a consular interview?

Answer: Form I-601A

Form I-601A (Application for Provisional Unlawful Presence Waiver) allows qualifying relatives of US citizens to receive a provisional waiver before departing for an immigrant visa interview abroad.

What is the primary purpose of Form I-212 in the immigration appeals and admissibility context?

Answer: To request permission to reapply for admission after deportation or removal

Form I-212 (Application for Permission to Reapply for Admission into the United States After Deportation or Removal) is filed by aliens seeking consent to return after being deported or removed.