CIP CIP Visa & Status Adjustment Processes 2 — Questions and Answers
Question 1: What is 'visa retrogression' in the context of immigration law?
- A visa being revoked after issuance
- A backward movement of priority dates in the Visa Bulletin (Correct answer)
- Denial of a visa application due to criminal history
- Expiration of a visa before use
Correct 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.
Question 2: Which nonimmigrant visa category is specifically designed for treaty traders and treaty investors?
- L-1
- O-1
- E-1 and E-2 (Correct answer)
- TN
Correct 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.
Question 3: 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?
- 90 days
- 180 days (Correct answer)
- 270 days
- 365 days
Correct 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.
Question 4: 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?
- 3-year bar (Correct answer)
- 10-year bar
- Permanent bar
- 5-year bar
Correct 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.
Question 5: What is the purpose of a joint sponsor on Form I-864 Affidavit of Support?
- To co-petition for the immigrant visa
- To provide additional financial support when the petitioner's income is insufficient (Correct answer)
- To certify the immigrant's employment history
- To vouch for the immigrant's moral character
Correct 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.
Question 6: Which USCIS form is used to extend or change nonimmigrant status for dependents and certain other nonimmigrants who are not workers?
- Form I-129
- Form I-539 (Correct answer)
- Form I-131
- Form I-765
Correct 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.
CIP CIP Visa & Status Adjustment Processes 2
What is 'visa retrogression' in the context of immigration law?