CIC Appeals & Inadmissibility 3

Question 1

The 'persecutor bar' under INA 208(b)(2)(A)(i) makes which individuals ineligible for asylum?

Accepted Answer

Aliens who ordered, incited, assisted, or participated in persecution of others on a protected ground

Answer

The persecutor bar disqualifies from asylum any alien who ordered, incited, assisted, or participated in the persecution of any person on account of race, religion, nationality, membership in a particular social group, or political opinion.

Question 2

Under the public charge inadmissibility ground at INA 212(a)(4), adjudicators apply which standard to evaluate an alien's likelihood of becoming a public charge?

Accepted Answer

A totality of circumstances test

Answer

Public charge determinations are made based on a totality of the circumstances, considering factors such as age, health, family status, assets, resources, financial status, and education and skills.

Question 3

The Adam Walsh Child Protection and Safety Act most directly affects which immigration benefit for certain US citizens with convictions?

Accepted Answer

Ability to sponsor certain family members for immigration benefits

Answer

The Adam Walsh Act restricts US citizens (and LPRs) who have been convicted of specified offenses against minors from filing certain family-based petitions unless USCIS determines there is no risk to the beneficiary.

Question 4

A request for an en banc hearing at the BIA means the case will be reviewed by:

Accepted Answer

The full membership of the BIA

Answer

An en banc decision at the BIA involves the full membership of the Board and is reserved for cases presenting significant legal issues or where there is a need to overrule or clarify prior BIA precedent.

Question 5

Which form is filed with EOIR (not USCIS) to appeal a decision of an Immigration Judge to the Board of Immigration Appeals?

Accepted Answer

Form EOIR-26

Answer

Form EOIR-26 (Notice of Appeal from a Decision of an Immigration Judge) is filed directly with the BIA to appeal an immigration judge's decision in removal proceedings.

CIC - Certified Immigration Consultant Practice Test

CIC - Certified Immigration Consultant Practice Test

CIC Appeals & Inadmissibility 3