IFS Family-Based Immigration & Petitions 2 — Questions and Answers
Question 1: Which family preference category covers spouses and unmarried children under age 21 of lawful permanent residents?
- F-1
- F-2A (Correct answer)
- F-2B
- F-3
Correct answer: F-2A
F-2A is the preference category for spouses and minor children of LPRs; it receives more visas within the F-2 allocation because Congress prioritized keeping nuclear family units of LPRs together.
Question 2: In family-based immigration, what is a 'priority date'?
- The USCIS deadline to decide on a pending I-130 petition
- The date the I-130 petition was filed, establishing the applicant's position in the visa queue (Correct answer)
- The date the immigrant's visa interview is scheduled at the consulate
- The date the immigrant first entered the United States
Correct answer: The date the I-130 petition was filed, establishing the applicant's position in the visa queue
The priority date is established when USCIS receives the I-130 and serves as the applicant's place in line; a visa becomes available when the priority date becomes 'current' in the State Department's Visa Bulletin.
Question 3: Which document must immigration specialists consult each month to determine whether a visa number is immediately available for a family preference applicant?
- USCIS Policy Manual
- Department of State Visa Bulletin (Correct answer)
- Immigration and Nationality Act
- Federal Register
Correct answer: Department of State Visa Bulletin
The State Department publishes the Visa Bulletin monthly, listing which priority dates are current for each preference category and country of chargeability, directly controlling when applicants may proceed.
Question 4: If a U.S. citizen petitioner dies after an I-130 is approved but before the immigrant immigrates, what option may be available to preserve the petition?
- The petition is automatically revoked upon the petitioner's death
- Humanitarian reinstatement allows USCIS to approve the petition despite the petitioner's death (Correct answer)
- A surviving family member automatically becomes the petitioner
- The immigrant must refile a new I-130 with a substitute sponsor
Correct answer: Humanitarian reinstatement allows USCIS to approve the petition despite the petitioner's death
USCIS has discretion to grant humanitarian reinstatement of a revoked petition when compelling humanitarian factors exist, allowing the immigration process to continue after the petitioner's death.
Question 5: A U.S. citizen wants to petition for their married daughter. Which family preference category applies?
- F-1
- F-2B
- F-3 (Correct answer)
- F-4
Correct answer: F-3
F-3 covers married sons and daughters of U.S. citizens; because they are married, they no longer qualify as immediate relatives and must wait for a visa number in this oversubscribed preference category.
Question 6: When is conditional permanent residence (a 2-year green card) issued in a marriage-based case?
- When the couple has been married for less than 2 years at the time the immigrant is admitted or adjusts status (Correct answer)
- When the petitioner's income is below the poverty guideline threshold
- When the immigrant enters on a K-1 visa rather than an immigrant visa
- When the couple does not have children together
Correct answer: When the couple has been married for less than 2 years at the time the immigrant is admitted or adjusts status
Under INA § 216, if the marriage is less than 2 years old at the time of admission or adjustment, the immigrant receives conditional permanent residence for 2 years to allow USCIS to verify the marriage is bona fide.
Question 7: Which form must a conditional permanent resident file to remove the conditions on their green card?
- Form I-130
- Form I-485
- Form I-751 (Correct answer)
- Form I-864
Correct answer: Form I-751
Form I-751 (Petition to Remove Conditions on Residence) must generally be filed jointly by both spouses within the 90-day window before the 2-year conditional green card expires.
IFS Family-Based Immigration & Petitions 2
Which family preference category covers spouses and unmarried children under age 21 of lawful permanent residents?