CIS Immigration Laws & Regulations 4

Question 1

Under INA § 240A(b), what minimum period of continuous physical presence in the US must a non-LPR demonstrate to qualify for cancellation of removal?

Accepted Answer

10 years

Answer

Non-LPR cancellation of removal under INA § 240A(b)(1)(A) requires at least 10 years of continuous physical presence in the US prior to the issuance of the Notice to Appear.

Question 2

Under the 'stop-time rule' in INA § 240A(d), continuous residence or physical presence for cancellation of removal purposes stops accruing upon which event?

Accepted Answer

Service of a Notice to Appear (NTA) on the alien

Answer

The stop-time rule under INA § 240A(d)(1) provides that continuous residence or presence stops on the date the alien is served with an NTA commencing removal proceedings.

Question 3

Voluntary departure under INA § 240B allows a noncitizen to avoid which consequence of a formal removal order?

Accepted Answer

The statutory bar on reentry and the permanent record of a removal order

Answer

Voluntary departure avoids the 10-year (or permanent) reentry bar triggered by a formal removal order and leaves no removal order on the alien's immigration record.

Question 4

To qualify for protection under the Convention Against Torture (CAT), an applicant must show what?

Accepted Answer

That it is more likely than not they will be tortured by or with the acquiescence of a public official

Answer

CAT protection requires a showing that it is more likely than not the applicant would be tortured if returned, with government involvement or acquiescence—no nexus to a protected ground is required.

Question 5

Expedited removal under INA § 235(b)(1) may be applied to which category of arriving aliens?

Accepted Answer

Aliens who are inadmissible under INA § 212(a)(6)(C) or § 212(a)(7) at a port of entry

Answer

Expedited removal applies to aliens arriving at ports of entry who are found inadmissible for misrepresentation (§ 212(a)(6)(C)) or lack of valid documents (§ 212(a)(7)), with no right to an immigration judge hearing.

(CIS) Certified Immigration Specialist Practice Test

(CIS) Certified Immigration Specialist Practice Test

CIS Immigration Laws & Regulations 4