Case Management & Documentation Flashcards
7 cards from real CIS practice questions. Tap to flip, then mark Knew It or Still Learning — missed cards come back until you master them.
Read the first 7 Case Management & Documentation flashcards as text
A client who entered without inspection (EWI) marries a U.S. citizen. Which form of relief is generally available for adjustment of status despite the EWI?
Answer: Adjustment of status under INA § 245(a) is available to immediate relatives of U.S. citizens who are EWI
Under INA § 245(i) or the general adjustment provision for immediate relatives, some EWI applicants married to U.S. citizens may adjust status without departing, depending on specific circumstances.
What is the significance of the 'priority date' in immigrant visa case management?
Answer: It is the date the underlying labor certification or petition was filed, determining when an immigrant visa number becomes available
The priority date is typically the labor certification filing date (or I-140 filing date for self-petitioners), and visa availability is determined by whether this date is 'current' on the monthly Visa Bulletin.
During an I-9 audit by ICE, a practitioner representing the employer reviews the I-9 forms and discovers several employees' List B documents were expired when photocopied. The best course of action is:
Answer: Advise the employer to reverify those employees using List A or List C documents and document the correction on the I-9 with a note and date
Technical and substantive I-9 errors discovered during a self-audit should be corrected by reverification and notation — not backdating or destruction, which constitute additional violations.
An F-1 student wants to work off-campus due to severe economic hardship. Which form must be filed, and with whom?
Answer: I-765 with USCIS, based on a DSO recommendation and demonstrated severe economic hardship
F-1 students seeking off-campus employment based on severe economic hardship must file Form I-765 with USCIS, supported by a DSO recommendation and supporting financial documentation.
A practitioner learns that a client submitted a fraudulent marriage to obtain a green card before retaining this practitioner. How should the practitioner handle this?
Answer: Advise the client of the legal consequences, counsel them to voluntarily disclose if possible, and withdraw from representation if the client insists on continuing the fraud
Practitioners cannot assist in continuing a fraud; ethical rules require counseling the client on consequences and withdrawing if the client refuses to address the fraud.
Under EOIR regulations, which individuals are authorized to practice before the immigration courts without being a licensed attorney?
Answer: Accredited representatives of BIA-recognized nonprofit organizations and law students under proper supervision
EOIR allows BIA-accredited representatives and supervised law students/graduates to appear before immigration courts; all other non-attorneys are barred from practice.
When translating a foreign-language document for a USCIS filing, which certification is required?
Answer: The translator must certify in writing that they are competent to translate and that the translation is accurate and complete
USCIS regulations require that all foreign-language documents be accompanied by a full English translation certified by the translator as accurate and complete, with no requirement for embassy or notary certification.