CIS Case Management & Documentation 5

Question 1

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?

Accepted Answer

Adjustment of status under INA § 245(a) is available to immediate relatives of U.S. citizens who are EWI

Answer

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.

Question 2

What is the significance of the 'priority date' in immigrant visa case management?

Accepted Answer

It is the date the underlying labor certification or petition was filed, determining when an immigrant visa number becomes available

Answer

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.

Question 3

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:

Accepted 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

Answer

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.

Question 4

An F-1 student wants to work off-campus due to severe economic hardship. Which form must be filed, and with whom?

Accepted Answer

I-765 with USCIS, based on a DSO recommendation and demonstrated severe economic hardship

Answer

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.

Question 5

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?

Accepted 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

Answer

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.

(CIS) Certified Immigration Specialist Practice Test

(CIS) Certified Immigration Specialist Practice Test

CIS Case Management & Documentation 5