CIC Appeals & Inadmissibility 2 — Questions and Answers
Question 1: The Board of Immigration Appeals (BIA) is physically located in which city?
- Washington, D.C.
- Falls Church, Virginia (Correct answer)
- Arlington, Virginia
- Baltimore, Maryland
Correct answer: Falls Church, Virginia
The BIA is headquartered in Falls Church, Virginia, and operates under the Executive Office for Immigration Review (EOIR) within the Department of Justice.
Question 2: Under INA 212(a)(2)(C), which offense renders a non-citizen inadmissible without the possibility of a standard discretionary waiver?
- Simple possession of a controlled substance
- Driving under the influence
- Drug trafficking (Correct answer)
- Theft of property valued under $10,000
Correct answer: Drug trafficking
INA 212(a)(2)(C) bars aliens who are known or reasonably believed to be illicit drug traffickers from admission, and this ground generally cannot be waived through a standard discretionary waiver.
Question 3: The 'extreme hardship' standard is most central to which type of immigration waiver application?
- The I-212 waiver for prior removal
- The I-601 waiver for unlawful presence and other grounds (Correct answer)
- The fee waiver under Form I-912
- The U visa certification waiver
Correct answer: The I-601 waiver for unlawful presence and other grounds
The I-601 waiver requires the applicant to demonstrate that denial would cause extreme hardship to a qualifying US citizen or lawful permanent resident spouse or parent.
Question 4: A motion to reopen differs from a motion to reconsider primarily because a motion to reopen:
- Argues that legal errors were made in the prior decision
- Presents new facts or evidence not previously available (Correct answer)
- Must be filed within 30 days of the unfavorable decision
- Is only available in federal circuit court
Correct answer: Presents new facts or evidence not previously available
A motion to reopen is based on new facts or evidence not previously part of the record, while a motion to reconsider argues that the prior decision contained legal or factual error based on the existing record.
Question 5: Under INA 212(a)(6)(C)(i), an alien who willfully misrepresents a material fact to procure a visa or other immigration benefit is inadmissible under which ground?
- Public charge
- Fraud and willful misrepresentation (Correct answer)
- Criminal grounds
- Unlawful presence
Correct answer: Fraud and willful misrepresentation
INA 212(a)(6)(C)(i) renders inadmissible any alien who by fraud or willful misrepresentation of a material fact seeks to procure or has procured a visa, admission, or other immigration benefit.
Question 6: Which federal appellate court has jurisdiction to review BIA decisions for immigration cases arising in California?
- Fifth Circuit
- Ninth Circuit (Correct answer)
- Fourth Circuit
- Second Circuit
Correct answer: Ninth Circuit
The Ninth Circuit Court of Appeals has jurisdiction over immigration cases arising in California, as well as other western states including Nevada, Oregon, and Washington.
Question 7: When an alien violates a voluntary departure order, under INA 240B(d) they may face a bar to future immigration benefits of up to how many years?
- 3 years
- 5 years
- 10 years (Correct answer)
- Permanent
Correct answer: 10 years
Under INA 240B(d)(1)(B), an alien who fails to voluntarily depart within the time granted is barred from receiving certain immigration benefits, including adjustment of status and cancellation of removal, for up to 10 years.
CIC Appeals & Inadmissibility 2
The Board of Immigration Appeals (BIA) is physically located in which city?