CIP Visa & Status Adjustment Processes Flashcards

What is 'visa retrogression' in the context of immigration law?

Answer: A backward movement of priority dates in the Visa Bulletin

Visa retrogression occurs when USCIS or the State Department moves priority dates backward in the Visa Bulletin, making previously current dates unavailable.

Which nonimmigrant visa category is specifically designed for treaty traders and treaty investors?

Answer: E-1 and E-2

E-1 visas are for treaty traders and E-2 visas are for treaty investors, available to nationals of countries with qualifying commercial treaties with the U.S.

Under the AC21 portability rule, an I-485 applicant may change jobs without affecting their pending adjustment if the application has been pending for at least how long?

Answer: 180 days

Under AC21, an adjustment of status applicant may change employers if the I-485 has been pending for at least 180 days and the new job is in the same or similar occupational classification.

Which ground of inadmissibility is triggered when an alien has been unlawfully present in the U.S. for more than 180 days but less than one year, then departs?

Answer: 3-year bar

Unlawful presence of more than 180 days but less than one year triggers a 3-year bar from admission to the United States after voluntary departure.

What is the purpose of a joint sponsor on Form I-864 Affidavit of Support?

Answer: To provide additional financial support when the petitioner's income is insufficient

A joint sponsor agrees to meet the financial obligations of the Affidavit of Support when the primary petitioner's income falls below the 125% federal poverty guideline threshold.

Which USCIS form is used to extend or change nonimmigrant status for dependents and certain other nonimmigrants who are not workers?

Answer: Form I-539

Form I-539, Application to Extend/Change Nonimmigrant Status, is used by nonimmigrant dependents and others not covered by I-129 to request a status extension or change.