CIS CIS Family-Based Immigration 2 — Questions and Answers
Question 1: Which of the following is a qualifying relationship for a VAWA (Violence Against Women Act) self-petition?
- Abused spouse of a U.S. citizen or LPR (Correct answer)
- Abused sibling of a U.S. citizen
- Abused coworker of a U.S. citizen
- Abused neighbor of a U.S. citizen
Correct answer: Abused spouse of a U.S. citizen or LPR
VAWA allows abused spouses, children, and parents of U.S. citizens, and abused spouses and children of LPRs, to self-petition for immigration status without the abuser's knowledge.
Question 2: What is 'consular processing' in family-based immigration?
- Obtaining an immigrant visa at a U.S. embassy or consulate abroad before entering the U.S. (Correct answer)
- Adjustment of status for applicants already in the U.S.
- Processing immigration benefits through the Department of Commerce
- Filing a petition for a nonimmigrant visa at a U.S. port of entry
Correct answer: Obtaining an immigrant visa at a U.S. embassy or consulate abroad before entering the U.S.
Consular processing involves the beneficiary traveling to a U.S. embassy or consulate in their home country to complete the immigrant visa process and enter the U.S. as a lawful permanent resident.
Question 3: Which document issued by the National Visa Center (NVC) signals that a visa number is available and the case is ready for a consular interview?
- Case Completion Notice (Correct answer)
- Notice of Action (NOA1)
- Receipt Notice
- I-551 (Green Card)
Correct answer: Case Completion Notice
The NVC issues a case completion notice when all required documents and fees have been submitted and the case is ready to be scheduled for a consular officer interview.
Question 4: A lawful permanent resident who becomes a U.S. citizen can 'upgrade' which family petition to the immediate relative category?
- F2A petition for a spouse (Correct answer)
- F2B petition for an unmarried adult child
- F4 petition for a sibling
- F1 petition for an unmarried adult child
Correct answer: F2A petition for a spouse
When an LPR petitioner naturalizes, an F2A petition for a spouse or minor child automatically upgrades to the immediate relative category, which has no visa waiting period.
Question 5: What is the two-year conditional residence requirement for a foreign national who receives a green card through a marriage that is less than two years old?
- The couple must file Form I-751 to remove conditions within 90 days before the 2-year anniversary (Correct answer)
- The foreign national must leave the U.S. after two years and reapply
- The U.S. citizen must file Form I-130 again after two years
- The foreign national must pass an English test at the 2-year mark
Correct answer: The couple must file Form I-751 to remove conditions within 90 days before the 2-year anniversary
Conditional residents must file Form I-751 (Petition to Remove Conditions on Residence) jointly with their U.S. citizen or LPR spouse during the 90-day window before their conditional green card expires.
Question 6: Which step in the family-based immigration process involves the beneficiary submitting a DS-260 form?
- Online immigrant visa application through the NVC/consular process (Correct answer)
- Filing for adjustment of status with USCIS
- Requesting an employment authorization document
- Submitting a fee waiver request
Correct answer: Online immigrant visa application through the NVC/consular process
Form DS-260 is the online Immigrant Visa and Alien Registration Application submitted through the Department of State's Consular Electronic Application Center (CEAC) during consular processing.
CIS CIS Family-Based Immigration 2
Which of the following is a qualifying relationship for a VAWA (Violence Against Women Act) self-petition?