II. General US Immigration Law

Question 1

What is D/S?

Answer 1

–Duration of Status
1 point

*In valid status pursuant to activities, not dates
*ULP starts to accrue upon USCIS or IJ notification
2 points

Question 2

Child definition for Immigration (INA)

Answer 2

• -Unmarried

- -Under 21

Question 3

Types of children recognized for Immigration

Answer 3

• -Bio
• -Steps (when relationship created prior to 18)
• -Adopted
• -Fathers: Legitimated before 18 yo
• -Fathers: Married to gestational mother at time of birth
• -Mothers: gestational + legal mother

Question 4

What is the purpose of the medical exam for adjustment or IVP?

Answer 4

Find a reason to deny the residence

Question 5

What are the elements of common law marriage?

Answer 5

• • Current mutual agreement
• -Legal eligibility
• -Holding out to the world as married

Question 6

Where is common law marriage recognized?

Answer 6

Colorado
Iowa
Kansas
Montana
New Hampshire
South Carolina
Texas
Utah

Question 7

When do you disclose traffic tickets on an I-485, I-751 and N-400?

Answer 7

Always in the box re “have you ever been… cited…”

Evidence required for
    - Fines over $500,
    - Arrests,
    - Criminal charges, or
    - Incidents involving drugs, alcohol or serious injuries to others (N-400) / injuries
      to person/property (I-485)

Evidence not required for

- Punished by fines less than $500 and/or points, AND
- Non-arrests

Question 8

When does unlawful presence start to accrue for EWI, overstaying visa, and if you lose duration of status?

Answer 8

• EWI = when you enter
• Overstay visa = day after visa expires
• Lose duration of status = when USCIS/IJ find out

Question 9

Why is unlawful presence a problem?

Answer 9

• Can bar you or make it harder to receive other immigration benefits
• Can trigger bars

Question 10

What may make an applicant inadmissible based on medical grounds/their medical exam?

Answer 10

• They have a communicable disease of public health concern
• Do not show they have received the required vaccinations
• They have a physical or mental disorder that could be harmful to the public
• Abuse drugs or alcohol

Question 11

Who is not eligible to be common law married?

Answer 11

• Minors
• Someone who is married to someone else
• Closely related people (cousins, siblings)

Question 12

What are some crimes to be aware of that may affect someone’s ability to get residency or citizenship?

Answer 12

• murder
• manslaughter
• rape
• drug/human trafficking
• sexual abuse of children
• abuse of spouse
• aggravated assault
• -> there are many more- depend on state and federal law

Question 13

Who counts as a spouse in immigration?

Answer 13

• Legally married (w/ marriage certificate)

- Common law married