CIC Appeals & Inadmissibility 1 — Questions and Answers
Question 1: Which form is used to appeal a USCIS denial to the Administrative Appeals Office (AAO)?
- Form EOIR-26
- Form I-290B (Correct answer)
- Form I-601
- Form EOIR-29
Correct answer: Form I-290B
Form I-290B (Notice of Appeal or Motion) is the form filed with the AAO to appeal adverse USCIS decisions on immigration petitions.
Question 2: Under INA 212(a)(9)(B), an alien who accrues more than 180 days but less than one year of unlawful presence and then departs the US faces a bar of how many years?
- 1 year
- 3 years (Correct answer)
- 5 years
- 10 years
Correct answer: 3 years
Under INA 212(a)(9)(B)(i)(I), aliens who accrue more than 180 days but less than one year of unlawful presence and then depart are subject to a 3-year bar from admission.
Question 3: Which form is used to apply for a waiver of most grounds of inadmissibility when applying for an immigrant visa or adjustment of status?
- Form I-485
- Form I-131
- Form I-601 (Correct answer)
- Form I-212
Correct answer: Form I-601
Form I-601 (Application for Waiver of Grounds of Inadmissibility) is the primary form used to request a waiver of most grounds of inadmissibility under INA 212.
Question 4: What is the general deadline for filing a motion to reconsider with USCIS after an adverse decision?
- 30 days (Correct answer)
- 60 days
- 90 days
- 180 days
Correct answer: 30 days
Under 8 CFR 103.5, a motion to reconsider must generally be filed within 30 days of the service of the unfavorable decision.
Question 5: Under INA 212(a)(9)(B)(i)(II), an alien who accrues one year or more of unlawful presence and then departs the US is subject to a bar of how many years?
- 3 years
- 5 years
- 10 years (Correct answer)
- 20 years
Correct answer: 10 years
One year or more of unlawful presence followed by departure triggers the 10-year bar under INA 212(a)(9)(B)(i)(II).
Question 6: Which form allows certain immediate relatives of US citizens to apply for a provisional unlawful presence waiver inside the US before departing for a consular interview?
- Form I-601
- Form I-601A (Correct answer)
- Form I-212
- Form I-290B
Correct answer: Form I-601A
Form I-601A (Application for Provisional Unlawful Presence Waiver) allows qualifying relatives of US citizens to receive a provisional waiver before departing for an immigrant visa interview abroad.
Question 7: What is the primary purpose of Form I-212 in the immigration appeals and admissibility context?
- To appeal a visa denial to the Board of Immigration Appeals
- To request permission to reapply for admission after deportation or removal (Correct answer)
- To waive criminal grounds of inadmissibility
- To file a motion to reopen removal proceedings
Correct answer: To request permission to reapply for admission after deportation or removal
Form I-212 (Application for Permission to Reapply for Admission into the United States After Deportation or Removal) is filed by aliens seeking consent to return after being deported or removed.
CIC Appeals & Inadmissibility 1
Which form is used to appeal a USCIS denial to the Administrative Appeals Office (AAO)?