EXAM STUDY MATERIALS July 23, 2024 4:26 PM COIL Exam Questions With Verified Answers Ibrahim entered the United State s in 2017 by crossing the border without inspection with a smuggler. He has been working without authorization ever since and was recently arrested by ICE and placed in removal proceedings. Is Ibrahim subject to inadmissibility or deportability? - answer✔✔Ibrahim will be charged under the grounds of inadmissibility because he was not inspected and admitted when he entered the United States. Ling entered the United States on an F -1 student visa in 2014. She stopped attending school two years after she arrive d. She is now married to a U.S. citizen and is applying for adjustment of status. Does Ling need to be concerned about the grounds of inadmissibility, deportability, or both? - answer✔✔Both. Ling must show that she is not inadmissible because that is a r equirement for adjustment of status. All applicants for adjustment are subject to the grounds of inadmissibility. In addition, because Ling was inspected and admitted when she entered the U.S. on a student visa, she is eligible to file for adjustment of status but also subject to the grounds of deportability. If Ling's adjustment application is denied and she is placed in removal proceedings, she would be charged with a ground of deportability because she was inspected and admitted but she is now out of status, because she violated the terms of her student visa. Alcoholism, under certain circumstances, may lead to a finding of health -based inadmissibility. True or False? - answer✔✔'True'. Alcohol use may trigger inadmissibility as a physical or mental d isorder only when there is an associated harmful behavior to self, others or property, like driving under the influence. Mateo is the spouse of an LPR. At his medical examination for an immigrant visa at the U.S. consulate in Ciudad Juarez, he admitted he smoked marijuana five times in the last year. Assuming he is found inadmissible as a drug abuser, which of the following are his options: EXAM STUDY MATERIALS July 23, 2024 4:26 PM a. He may wait 12 months from the date of his last use of marijuana and apply again. b. He may seek a waiver of this ground of inadmissibility under INA § 212(g) c. He has no options; he is permanently inadmissible as a drug abuser - answer✔✔a. He may wait 12 months from the date of his last use of marijuana and apply again. The drug abuse ground of inadmissibility may be overcome by a period of remission of at least twelve months. Sabrina, a U.S. citizen, would like to petition for her husband, Thomas, to become a lawful permanent resident. Thomas tells you he was arrested a couple of times, but he's sure it won't affect his case because it was nothing serious and he never spent any time in jail. What should you do next? a. Go ahead and file and see what happens b. Obtain Thomas' criminal records. c. Take Thomas' word for it that the arrests won't affect his case. - answer✔✔b. Obtain Thomas' criminal records. You must get the criminal records. You cannot rely on Thomas' analysis of the implications of his arrests. Thomas should contact the clerk of the court where the crimina l issues were handled and find out what their procedure for requesting records is. He should try to get the indictment (or charging document), and all records that show the case outcome, including any plea agreements and any sentencing documents. You may w ant to consider doing an FBI check if Thomas is unclear about what happened where. The FBI check can be a starting point to guide you to which court you need to contact for the actual court records. Wu, from China, has been an LPR since 2005. Ten years ago , Wu was convicted of larceny and sentenced to two years of probation. Which of the statements below best describes Wu's circumstances: a. Wu will not be placed in removal proceedings because if that was going to happen, it would have happened already. b. If Wu is placed in removal proceedings, he will be charged with a ground of deportability. c. Wu will not be placed in removal proceedings because he was only sentenced to probation. EXAM STUDY MATERIALS July 23, 2024 4:26 PM d. If Wu is placed in removal proceedings, he will be charged with a gro und of inadmissibility. - answer✔✔d. If Wu is placed in removal proceedings, he will be charged with a ground of deportability because he was inspected and admitted as a lawful permanent resident. The fact that Wu was only sentenced to probation does not mean that his conviction can't make him deportable. Similarly, Wu is not protected from being placed in removal proceedings simply because several years have gone by since he was convicted. There is a specific ground of deportability for certain firearm o ffenses but no parallel ground of inadmissibility for a conviction for certain firearm offenses. True or False? - answer✔✔'True'. Under INA § 237(a)(2)(C), a non -citizen is deportable if at any time after admission, he or she is convicted of any law of pu rchasing, selling, exchanging, using, owning, possessing or carrying any weapon in violation of law or conspiring or attempting to do the same. There is no parallel ground of inadmissibility specifically for firearm offenses. If you encounter a client with prior arrests or convictions, which of the following should you do to better understand the consequences of your client's conduct: a. Counsel your client about the importance of providing information to you about all prior contacts with law enforcement; DHS will have this information and you need it too in order to counsel the client. b. Do a law enforcement data base check (FBI records check and/or state records check) to find out your client's arrest history. c. Do a FOIA for your client's immigration r ecords if s/he has ever been detained or in immigration court. d. Obtain copies of all court records related to charges brought against your client. e. All of the above. - answer✔✔All of the above. Unless a term of imprisonment is imposed, a conviction wil l not have immigration consequences: True or False? - answer✔✔'False'. A criminal offense may have immigration consequences without the imposition of a term of imprisonment. A person may be found inadmissible solely based on public benefits received by his or her children. True or False? - answer✔✔'False'. EXAM STUDY MATERIALS July 23, 2024 4:26 PM Benefits received or likely to be received by the applicant's spouse, children, or other family members are not considere d in determining whether the applicant is likely to become a public charge. But the fact that the household qualifies for a designated public benefit program may indicate that the applicant has a low income, in addition to other possible negative factors. An accredited representative can represent clients before USCIS, but only a licensed attorney can represent clients in Immigration Court. True or False? - answer✔✔'False'. There are two types of accreditation. Partial accreditation allows the representati ve to counsel immigration clients, complete immigration forms, and represent clients before U.S. Department of Homeland Security (DHS). Full accreditation allows the representative to do everything that a partially accredited representative can do, and rep resent clients before the Executive Office for Immigration Review (EOIR). EOIR includes the Immigration Courts and the Board of Immigration Appeals. Lawful permanent residents can be deported from the United States. True or False? - answer✔✔'True'. Lawful permanent residents can lose their status and be removed from the United States for various reasons, including abandonment of status and having certain criminal convictions. Which of the following represent the three largest pathways to LPR status? Pick a ll that apply: a. Family -Based Immigration b. Diversity Visas c. Employment -Based Immigration d. Temporary Protected Status e. Relief from Removal f. Humanitarian Benefits - answer✔✔The three largest pathways to lawful permanent residence are through fami ly-based immigration, employment -based immigration, and certain types of humanitarian protection. EWI stands for "Entry With Inspection." True or False? - answer✔✔'False'. EWI stands for "Entry Without Inspection" and refers to entering the U.S. at a plac e other than at a port of entry, without being inspected by an immigration officer.
