IFS Immigration Law Fundamentals & Policy 4 — Questions and Answers
Question 1: Which legal standard applies when an immigration judge determines whether a crime constitutes an 'aggravated felony' for immigration purposes?
- The preponderance of the evidence standard
- The categorical approach and modified categorical approach (Correct answer)
- The clear and convincing evidence standard
- The beyond a reasonable doubt standard
Correct answer: The categorical approach and modified categorical approach
Courts use the categorical approach (comparing the statutory elements of the crime to the federal definition) and the modified categorical approach for divisible statutes.
Question 2: A foreign national is granted asylum. After one year, they apply for adjustment of status. Which form must they file?
- Form I-485 with the asylum grant as the basis (Correct answer)
- Form I-730 refugee/asylee relative petition
- Form I-589 renewal application
- Form I-131 for advance parole
Correct answer: Form I-485 with the asylum grant as the basis
Asylees adjust status to lawful permanent residence using Form I-485, which can be filed one year after asylum was granted.
Question 3: Under the Immigration Reform and Control Act (IRCA) of 1986, what is an employer required to do within three days of hiring a new employee?
- File Form I-9 with USCIS
- Complete and retain Form I-9 verifying work authorization (Correct answer)
- Obtain a Social Security Number from the employee
- Register the employee in E-Verify
Correct answer: Complete and retain Form I-9 verifying work authorization
IRCA requires employers to complete and retain Form I-9 for every employee, verifying identity and employment authorization, but they do not submit it to USCIS.
Question 4: What is the legal concept of 'derivative status' in family-based immigration?
- The status granted to a principal applicant based on their employer petition
- Immigrant status acquired by a spouse and minor children based on the principal beneficiary's petition (Correct answer)
- The conditional status granted to recent green card recipients
- The transfer of an approved petition to a new petitioner after death
Correct answer: Immigrant status acquired by a spouse and minor children based on the principal beneficiary's petition
Derivative status allows the spouse and unmarried minor children of a principal beneficiary to obtain the same immigrant status without a separate petition.
Question 5: Under which circumstances would USCIS apply the 'reason to believe' standard in adjudicating an immigration benefit?
- When determining if a petitioner meets income thresholds on Form I-864
- When deciding whether to issue a Request for Evidence (RFE) during adjudication
- When assessing whether a ground of inadmissibility may apply even if not fully proven (Correct answer)
- When calculating the correct priority date for a visa preference category
Correct answer: When assessing whether a ground of inadmissibility may apply even if not fully proven
USCIS uses the 'reason to believe' standard for certain inadmissibility grounds, such as drug trafficking, where full proof is not required but credible evidence suggests applicability.
Question 6: Which INA provision allows an LPR to petition for their immediate relatives without the same per-country numerical limitations that apply to other preference categories?
- INA § 201 immediate relative exemption (Correct answer)
- There is no exemption — all LPR petitions are subject to caps
- INA § 203(b) professional worker provision
- INA § 245(a) adjustment of status provision
Correct answer: INA § 201 immediate relative exemption
Under INA § 201, visas for immediate relatives of U.S. citizens (not LPRs) are unlimited, while LPR family petitions fall under the preference system with annual caps.
Question 7: What is 'voluntary departure' and what is its primary benefit over a formal order of removal?
- It allows the alien to leave without a formal removal order, avoiding certain reentry bars (Correct answer)
- It provides a pathway to citizenship after 5 years of absence
- It suspends the alien's period of unlawful presence
- It automatically grants the alien a tourist visa upon return
Correct answer: It allows the alien to leave without a formal removal order, avoiding certain reentry bars
Voluntary departure allows an alien to leave at their own expense without a formal removal order, avoiding the 10-year bar triggered by a removal order.
IFS Immigration Law Fundamentals & Policy 4
Which legal standard applies when an immigration judge determines whether a crime constitutes an 'aggravated felony' for immigration purposes?