IFS USCIS Forms Preparation & Filing Procedures 5 — Questions and Answers
Question 1: Which USCIS form is used by a lawful permanent resident who has been outside the United States for more than one year and wishes to return without abandoning residency?
- Form I-131A, Application for Carrier Documentation (Correct answer)
- Form I-407, Record of Abandonment of Lawful Permanent Resident Status
- Form I-90, Application to Replace Permanent Resident Card
- Form I-485, Application to Register Permanent Residence
Correct answer: Form I-131A, Application for Carrier Documentation
Form I-131A is filed at a U.S. consulate or embassy to obtain a boarding foil (carrier documentation) allowing an LPR to return after an extended absence.
Question 2: The USCIS Online Account allows petitioners to do all of the following EXCEPT:
- Pay filing fees electronically
- Check case status in real time
- Submit supporting documents for certain case types
- File an I-130 petition for any immigrant category without restriction (Correct answer)
Correct answer: File an I-130 petition for any immigrant category without restriction
While USCIS continues to expand online filing, not all I-130 immigrant categories are available for online filing without restriction as of current policy.
Question 3: An employer sponsoring a worker for EB-2 or EB-3 must first complete which Department of Labor process before filing Form I-140?
- PERM Labor Certification (Application for Permanent Employment Certification) (Correct answer)
- Labor Condition Application (LCA)
- Prevailing Wage Determination Request only
- H-1B cap lottery registration
Correct answer: PERM Labor Certification (Application for Permanent Employment Certification)
PERM (Program Electronic Review Management) labor certification is the DOL process that must be approved before filing EB-2 or EB-3 I-140 petitions for most workers.
Question 4: What is the effect of filing Form I-485 on an applicant's ability to travel internationally?
- Filing I-485 automatically grants advance parole travel permission
- The applicant may travel freely because the pending green card protects status
- Departing without first obtaining advance parole (Form I-131) may be deemed abandonment of the I-485 (Correct answer)
- USCIS suspends all travel until the I-485 is adjudicated
Correct answer: Departing without first obtaining advance parole (Form I-131) may be deemed abandonment of the I-485
Departing the U.S. while an I-485 is pending without an approved advance parole document typically results in abandonment of the adjustment application.
Question 5: When USCIS schedules an applicant for biometrics, the appointment notice (Form I-797C) instructs the applicant to appear at an:
- Application Support Center (ASC) (Correct answer)
- USCIS Field Office for an interview
- U.S. Embassy or Consulate
- FBI processing facility
Correct answer: Application Support Center (ASC)
Biometrics (fingerprints, photo, and signature) are collected at USCIS Application Support Centers (ASCs), not at field offices or consulates.
Question 6: A petitioner who disagrees with a USCIS denial of Form I-140 may file Form I-290B to:
- Appeal to the Board of Immigration Appeals (BIA)
- File a motion to reopen or reconsider, or appeal to the Administrative Appeals Office (AAO) (Correct answer)
- Request a second interview at the field office
- Reopen the case with the Department of State
Correct answer: File a motion to reopen or reconsider, or appeal to the Administrative Appeals Office (AAO)
Form I-290B, Notice of Appeal or Motion, allows petitioners to appeal certain USCIS decisions to the AAO or file a motion to reopen/reconsider.
Question 7: Under the Child Status Protection Act (CSPA), the 'CSPA age' of a child beneficiary is calculated by:
- The child's biological age on the date the I-485 is filed
- Subtracting the number of days the I-130 or I-140 petition was pending from the child's age on the date the visa became available (Correct answer)
- Using the child's age on the date the priority date was established
- Using the child's age on the date of the immigrant visa interview
Correct answer: Subtracting the number of days the I-130 or I-140 petition was pending from the child's age on the date the visa became available
CSPA freezes the child's age by subtracting the petition's pending time from the child's age when the visa number became available, potentially allowing them to qualify as a 'child' despite turning 21.
IFS USCIS Forms Preparation & Filing Procedures 5
Which USCIS form is used by a lawful permanent resident who has been outside the United States for more than one year and wishes to return without abandoning residency?