CIS Visa & Immigration Process 3 — Questions and Answers
Question 1: Under the Visa Waiver Program (VWP), what is the maximum period of stay allowed for eligible travelers?
- 60 days
- 90 days (Correct answer)
- 120 days
- 6 months
Correct answer: 90 days
VWP travelers may stay in the U.S. for up to 90 days for tourism or business.
Question 2: What is the difference between an immigrant visa and a nonimmigrant visa?
- An immigrant visa is for temporary stays; a nonimmigrant visa is for permanent residence
- An immigrant visa is issued for permanent residence; a nonimmigrant visa is for temporary stays (Correct answer)
- Both allow permanent residence but differ in processing time
- Both are temporary; the difference is only in fee amounts
Correct 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.
Question 3: 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?
- Optional Practical Training (OPT)
- Curricular Practical Training (CPT)
- Economic Hardship Employment Authorization (Correct answer)
- H-1B sponsorship
Correct answer: Economic Hardship Employment Authorization
F-1 students facing severe economic hardship may apply for off-campus work authorization under the economic hardship provision.
Question 4: Which agency adjudicates most immigration benefit applications filed within the United States?
- Department of State (DOS)
- U.S. Customs and Border Protection (CBP)
- U.S. Citizenship and Immigration Services (USCIS) (Correct answer)
- Executive Office for Immigration Review (EOIR)
Correct answer: U.S. Citizenship and Immigration Services (USCIS)
USCIS is the agency within DHS responsible for adjudicating immigration benefit applications.
Question 5: What is 'dual intent' in U.S. immigration law?
- Holding citizenship in two countries simultaneously
- The ability of certain nonimmigrants to have both temporary and immigrant intent without being inadmissible (Correct answer)
- Filing two simultaneous immigration applications
- Applying for both an immigrant and a nonimmigrant visa at the same time
Correct 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.
Question 6: Which form is used to apply for Employment Authorization Document (EAD)?
- Form I-765 (Correct answer)
- Form I-485
- Form I-131
- Form I-539
Correct answer: Form I-765
Form I-765, Application for Employment Authorization, is used to request an EAD.
Question 7: An alien who entered without inspection (EWI) is generally ineligible to adjust status under which principle?
- The public charge rule
- The Entry Without Inspection bar under INA § 245(a) (Correct answer)
- The 10-year unlawful presence bar
- The misrepresentation ground of inadmissibility
Correct 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.
CIS Visa & Immigration Process 3
Under the Visa Waiver Program (VWP), what is the maximum period of stay allowed for eligible travelers?