CIS Case Management & Documentation 2 — Questions and Answers
Question 1: A client's I-485 was filed 18 months ago and USCIS has not issued an interview notice. What is the most appropriate next step?
- File a second I-485 to restart the clock
- Submit a case inquiry using the USCIS online case status tool and consider an InfoPass appointment or congressional inquiry (Correct answer)
- Notify the client the case is abandoned
- File a mandamus lawsuit immediately without any prior inquiry
Correct answer: Submit a case inquiry using the USCIS online case status tool and consider an InfoPass appointment or congressional inquiry
When a case exceeds normal processing times, practitioners should first use official inquiry tools before escalating to congressional contacts or litigation.
Question 2: Which document serves as the official receipt confirming USCIS received a petition or application?
- Form I-94
- Form I-797 Notice of Action (Correct answer)
- Form I-551 (Green Card)
- Form DS-260
Correct answer: Form I-797 Notice of Action
Form I-797 Notice of Action is issued by USCIS to acknowledge receipt and provide the receipt number used to track a case.
Question 3: A practitioner discovers a clerical error on a USCIS approval notice where the client's name is misspelled. What is the correct procedure?
- File a new petition to correct the record
- Submit a request for administrative appeal
- Contact USCIS to request a correction under the agency's error correction procedure (Correct answer)
- Ask the client to use the misspelled name legally to match government records
Correct answer: Contact USCIS to request a correction under the agency's error correction procedure
USCIS errors on approval notices can be corrected by contacting USCIS directly for a corrected notice without requiring a new filing.
Question 4: When maintaining a client file, which of the following represents best practice for document retention?
- Retain files for 1 year after case closure
- Retain files for the minimum period required by state bar rules, typically 5-7 years (Correct answer)
- Shred files immediately after the client receives their green card
- Transfer all files to the client and retain no copies
Correct answer: Retain files for the minimum period required by state bar rules, typically 5-7 years
Professional responsibility rules generally require practitioners to retain client files for 5-7 years, though specific requirements vary by state jurisdiction.
Question 5: A beneficiary's priority date is current but the I-485 was filed with an incorrect fee. USCIS rejected the filing. What is the risk?
- No risk — the priority date is preserved regardless
- The priority date is lost if the visa bulletin retrogresses before the corrected filing is accepted (Correct answer)
- USCIS must automatically hold the priority date for 60 days
- The applicant must restart the entire immigrant petition process
Correct answer: The priority date is lost if the visa bulletin retrogresses before the corrected filing is accepted
A rejected I-485 is treated as if never filed, so if the priority date retrogresses before resubmission, the applicant loses their window of eligibility.
Question 6: Which of the following is required documentation when filing an I-130 Petition for Alien Relative for a spouse?
- Proof of the petitioner's lawful status, marriage certificate, and evidence of bona fide marriage (Correct answer)
- Only the completed I-130 form and the filing fee
- Birth certificate of the beneficiary's children
- A financial sponsor's Form I-864 submitted at the same time as the I-130
Correct answer: Proof of the petitioner's lawful status, marriage certificate, and evidence of bona fide marriage
An I-130 for a spouse requires proof of the petitioner's citizenship or LPR status, a valid marriage certificate, and evidence demonstrating the marriage is bona fide.
Question 7: A client received a Request for Evidence (RFE) with a 12-week response deadline. The practitioner is on leave and learns of the RFE in week 11. What should the practitioner do?
- Submit whatever evidence is available by the deadline, noting more evidence will follow
- Request an automatic 90-day extension from USCIS
- File a motion to reopen after the deadline passes
- Submit a timely response even if incomplete, as missing the deadline results in denial (Correct answer)
Correct answer: Submit a timely response even if incomplete, as missing the deadline results in denial
USCIS will deny a petition if the RFE deadline is missed; a partial or incomplete response submitted on time is far preferable to a missed deadline.
CIS Case Management & Documentation 2
A client's I-485 was filed 18 months ago and USCIS has not issued an interview notice.
What is the most appropriate next step?