IFS Immigration Law Fundamentals & Policy 4

Question 1

Which legal standard applies when an immigration judge determines whether a crime constitutes an 'aggravated felony' for immigration purposes?

Accepted Answer

The categorical approach and modified categorical approach

Answer

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?

Accepted Answer

Form I-485 with the asylum grant as the basis

Answer

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?

Accepted Answer

Complete and retain Form I-9 verifying work authorization

Answer

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?

Accepted Answer

Immigrant status acquired by a spouse and minor children based on the principal beneficiary's petition

Answer

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?

Accepted Answer

When assessing whether a ground of inadmissibility may apply even if not fully proven

Answer

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.

(IFS) Immigration Forms Specialist Certified Practice Test

(IFS) Immigration Forms Specialist Certified Practice Test

IFS Immigration Law Fundamentals & Policy 4