IFS Immigration Law Fundamentals & Policy 2 — Questions and Answers
Question 1: Which federal agency is primarily responsible for adjudicating immigration benefits applications such as adjustment of status and naturalization?
- U.S. Customs and Border Protection (CBP)
- U.S. Immigration and Customs Enforcement (ICE)
- 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 adjudicates immigration benefit applications, while CBP handles border enforcement and ICE handles interior enforcement.
Question 2: Under the Immigration and Nationality Act (INA), what is the legal term for a foreign national who is present in the United States without having been admitted or paroled?
- Overstay
- Inadmissible alien
- Alien unlawfully present (Correct answer)
- Undocumented resident
Correct answer: Alien unlawfully present
The INA uses the term 'alien unlawfully present' to describe those who entered without inspection or who remained beyond an authorized period.
Question 3: Which doctrine allows USCIS to reopen or reconsider a previously approved petition if the agency discovers a material error?
- Nunc pro tunc correction
- sua sponte reopening (Correct answer)
- Equitable tolling
- Administrative res judicata
Correct answer: sua sponte reopening
USCIS may reopen or reconsider a case sua sponte (on its own motion) when a material error is discovered, even without a request from the petitioner.
Question 4: A visa petitioner files a Form I-130 for an adult unmarried son who marries before the visa becomes available. What happens to the petition?
- The petition is automatically revoked
- The beneficiary moves to the F3 preference category
- The petition is placed in administrative hold
- The petition retains the original priority date in a new category (Correct answer)
Correct answer: The petition retains the original priority date in a new category
When a beneficiary marries, they move from the F1 (unmarried sons/daughters) to the F3 (married sons/daughters) category but retain their original priority date.
Question 5: What is the primary purpose of the Visa Bulletin published monthly by the U.S. Department of State?
- To announce new visa application fees
- To list countries subject to travel bans
- To indicate which priority dates are current for immigrant visa issuance (Correct answer)
- To publish the annual Diversity Visa lottery results
Correct answer: To indicate which priority dates are current for immigrant visa issuance
The Visa Bulletin indicates which priority dates are 'current' for each preference category and country, allowing immigrants to know when they may apply for a visa or adjustment of status.
Question 6: Which INA section governs the grounds of deportability that can result in removal of a lawful permanent resident?
- INA § 212
- INA § 237 (Correct answer)
- INA § 245
- INA § 316
Correct answer: INA § 237
INA § 237 lists the grounds of deportability applicable to aliens already present in the United States, including LPRs, while § 212 covers inadmissibility grounds.
Question 7: Under what circumstances does the Child Status Protection Act (CSPA) allow a beneficiary who has 'aged out' to retain child status?
- When the child is enrolled full-time in a U.S. university
- When the child's USCIS age is calculated using a statutory formula and seeking to acquire the visa with due diligence (Correct answer)
- When the child was under 25 at the time the petition was approved
- When the petitioner files a separate I-539 extension request
Correct answer: When the child's USCIS age is calculated using a statutory formula and seeking to acquire the visa with due diligence
CSPA uses a formula (priority date becomes current minus time petition was pending) to calculate USCIS age, and the beneficiary must seek to acquire the visa with due diligence.
IFS Immigration Law Fundamentals & Policy 2
Which federal agency is primarily responsible for adjudicating immigration benefits applications such as adjustment of status and naturalization?