Visa & Immigration Process Flashcards

Under the Visa Waiver Program (VWP), what is the maximum period of stay allowed for eligible travelers?

Answer: 90 days

VWP travelers may stay in the U.S. for up to 90 days for tourism or business.

What is the difference between an immigrant visa and a nonimmigrant visa?

Answer: An immigrant visa is issued for permanent residence; a nonimmigrant visa is for temporary stays

An immigrant visa leads to lawful permanent residence, while a nonimmigrant visa permits a temporary, purpose-specific stay.

A foreign national on an F-1 student visa wishes to work off-campus due to severe economic hardship. Which work authorization should they seek?

Answer: Economic Hardship Employment Authorization

F-1 students facing severe economic hardship may apply for off-campus work authorization under the economic hardship provision.

Which agency adjudicates most immigration benefit applications filed within the United States?

Answer: U.S. Citizenship and Immigration Services (USCIS)

USCIS is the agency within DHS responsible for adjudicating immigration benefit applications.

What is 'dual intent' in U.S. immigration law?

Answer: The ability of certain nonimmigrants to have both temporary and immigrant intent without being inadmissible

Dual intent allows certain visa holders, like H-1B, to pursue permanent residence while maintaining nonimmigrant status.

Which form is used to apply for Employment Authorization Document (EAD)?

Answer: Form I-765

Form I-765, Application for Employment Authorization, is used to request an EAD.

An alien who entered without inspection (EWI) is generally ineligible to adjust status under which principle?

Answer: The Entry Without Inspection bar under INA § 245(a)

INA § 245(a) requires an alien to have been 'inspected and admitted or paroled' to adjust status, barring EWI entrants.