CIP CIP Deportation & Removal Defense 2 — Questions and Answers
Question 1: Under INA § 237(a)(1), an alien may be deportable if they were inadmissible at the time of:
- Filing a naturalization application
- Entry or adjustment of status (Correct answer)
- Submitting Form I-130
- Obtaining an Employment Authorization Document
Correct answer: Entry or adjustment of status
INA § 237(a)(1) provides that an alien is deportable if they were inadmissible at entry or obtained admission or adjustment of status through fraud or misrepresentation.
Question 2: A crime involving moral turpitude (CIMT) may render an alien deportable under INA § 237(a)(2)(A)(i) if committed within how many years of admission for a qualifying offense?
- 1 year
- 3 years
- 5 years (Correct answer)
- 10 years
Correct answer: 5 years
Under INA § 237(a)(2)(A)(i), an alien convicted of a CIMT for which a sentence of one year or more may be imposed, if committed within 5 years of admission, is deportable.
Question 3: Which of the following is a security-related ground of deportability under INA § 237(a)(4)?
- Overstaying a nonimmigrant visa
- Domestic violence conviction
- Membership in a terrorist organization (Correct answer)
- Failing to notify USCIS of an address change
Correct answer: Membership in a terrorist organization
INA § 237(a)(4) covers security and related grounds including engagement in terrorist activity, membership in a terrorist organization, and espionage or sabotage.
Question 4: Which of the following does NOT constitute a ground of deportability under the INA?
- Document fraud under INA § 237(a)(3)
- Domestic violence conviction under INA § 237(a)(2)(E)
- Having maintained lawful permanent resident status for more than 10 years (Correct answer)
- Failure to maintain nonimmigrant status under INA § 237(a)(1)(C)
Correct answer: Having maintained lawful permanent resident status for more than 10 years
Long-term LPR status is not a ground of deportability; it is actually a factor that can assist in qualifying for cancellation of removal for LPRs.
Question 5: An alien convicted of an 'aggravated felony' as defined under INA § 101(a)(43) faces which major consequence in removal proceedings?
- Enhanced bond amount consideration only
- Ineligibility for most forms of discretionary relief including asylum and cancellation of removal (Correct answer)
- A mandatory minimum 5-year bar on reentry
- Automatic referral to state court for additional prosecution
Correct answer: Ineligibility for most forms of discretionary relief including asylum and cancellation of removal
An aggravated felony conviction bars an alien from most forms of relief including asylum, cancellation of removal, and voluntary departure, making removal nearly certain.
Question 6: Cancellation of removal for lawful permanent residents under INA § 240A(a) requires the LPR to have been an LPR for at least 5 years AND to have resided continuously in the U.S. for at least:
- 5 years after any admission
- 7 years after any admission (Correct answer)
- 10 years after any admission
- 3 years after obtaining LPR status
Correct answer: 7 years after any admission
Under INA § 240A(a), an LPR must have been a lawful permanent resident for at least 5 years and resided continuously in the U.S. for at least 7 years after any admission.
CIP CIP Deportation & Removal Defense 2
Under INA § 237(a)(1), an alien may be deportable if they were inadmissible at the time of: