Immigration Law Practice Exam Questions

1. 1.Asylum elements: The applicant must show she is a 'refugee' -- a person who is unable or unwilling to return to her country due to persecution or a well-founded fear of persecution based on race, religion, nationality, political opinion, or membership in a particular social group.
2. 2.One-year filing deadline: INA Section 208(a)(2)(B) requires asylum applications to be filed within one year of arrival. The applicant filed three years late, which presumptively bars the claim.
3. 3.Exceptions to the one-year bar: (1) Changed circumstances materially affecting eligibility (e.g., new evidence of persecution, changed country conditions), (2) Extraordinary circumstances relating to the delay (e.g., serious illness, ineffective counsel, maintaining lawful status).
4. 4.Withholding of removal (INA Section 241(b)(3)) and Convention Against Torture (CAT) claims are not subject to the one-year bar and remain available as alternative forms of relief.

1. 1.Immediate relative petition: A U.S. citizen may petition for a spouse as an immediate relative (no visa number wait). However, the husband entered without inspection, which complicates adjustment of status.
2. 2.Adjustment of status under INA Section 245(a) generally requires lawful admission. Entry without inspection disqualifies the applicant from adjustment under this section.
3. 3.INA Section 245(i): If an immigrant petition or labor certification was filed on the husband's behalf before April 30, 2001, he may be eligible for adjustment by paying a penalty. Otherwise, this avenue is closed.
4. 4.Consular processing alternative: The husband would need to depart and apply for an immigrant visa at a U.S. consulate. However, departure triggers the 3/10-year unlawful presence bars under INA Section 212(a)(9)(B).
5. 5.I-601A provisional waiver: The husband may apply for a provisional unlawful presence waiver before departing, demonstrating extreme hardship to his U.S. citizen spouse. If approved, he can attend the consular interview with the waiver already in hand.

Correct Answer: B

Under INA Section 208(b)(2)(A)(iii), an applicant is barred from asylum if there are serious reasons to believe the applicant committed a serious nonpolitical crime outside the United States. This is a mandatory bar. However, the applicant may still be eligible for withholding of removal or CAT protection if she meets those standards.

Correct Answer: B

Under INA Section 319(a), a permanent resident married to a U.S. citizen needs only 3 years of permanent residence (rather than 5) to be eligible for naturalization, provided the applicant has been living in marital union with the citizen spouse and the spouse has been a citizen for at least 3 years. With 4 years of permanent residence and marriage to a citizen, the applicant qualifies.

Correct Answer: B

H-1B employers must pay the higher of the prevailing wage or the actual wage paid to similarly employed workers. The Labor Condition Application (LCA) requires the employer to attest to paying the prevailing wage. Offering $70,000 when the prevailing wage is $85,000 violates this requirement, and the petition will be denied.