Question 1 (4 points)

Hector is a native and citizen of Honduras. He submitted a visa application to the U.S. Embassy in his native country and was approved for a nonimmigrant tourist visa. He could not afford airfare to the U.S., so he traveled by bus through Central America and Mexico until he was at the Mexican/U.S. From there, he unwittingly traveled into Texas with a group of Mexicans who were being smuggled into the country. Once in Texas, Hector was met by his family and they went to Minnesota. After Hector explained how he entered the U.S., his family took him to the nearest Immigration Court so that he could be inspected by an immigration officer. Would this be a proper admission?

Question 1 options:

a)	No, because Minnesota is not on an international border

b)	No, because he had already entered without inspection

c)	Yes, because he unwittingly traveled with smugglers even though he had a valid visa

d)	Yes, because he has a valid visa and would have been inspected by an immigration officer

Question 2 (4 points)

Steve submitted a visa application to the U.S. Embassy in his native country. He was approved for a nonimmigrant tourist visa. Now that Steve has an approved visa, can he lawfully enter the U.S.?

Question 2 options:

a)	No, not unless he is inspected by an immigration officer

b)	No, not unless has was issued a Form I-551

c)	Yes, as long as he enters through any authorized entry point

d)	Yes, as long as he pursues the purposes of his nonimmigrant visa

Question 3 (4 points)

Edward is a native and citizen of England who lawfully entered the U.S. as part of the visa waiver program. While in the U.S., Edward married a U.S. citizen. Also, a prospective employer received an approved labor certification and filed an employment-based petition for Edward to become a lawful permanent resident. Can Edward remain in the U.S. and adjust his status based on the filed petition?

Question 3 options:

a)	Yes, because there is an approved labor certification

b)	Yes, because he is the immediate relative of a U.S. citizen

c)	No, not unless an employment visa in his preference category is currently available

d)	No, because he entered as part of the visa waiver program

Question 4 (4 points)

Carl is a native and citizen of Canada who married a U.S. citizen. Prior to his marriage, Carl was convicted in Canada of aggravated driving under the influence of alcohol. On a separate occasion before he married, he was convicted of simple battery against a police officer. After his marriage, Carl's U.S. citizen spouse applied for a family-based visa petition so that Carl could ultimately become a lawful permanent resident of the United States. Is the visa petition likely to be approved?

Question 4 options:

a)	No, because Carl is inadmissible to the U.S. because simple battery against a police officer is a crime involving moral turpitude

b)	No, because Carl is inadmissible to the U.S. for multiple criminal convictions where the aggregate sentence imposed was five years or more

c)	Yes, as long as Carl and his U.S. citizen spouse are legitimately married

d)	Yes, as long as Carl can qualify for a waiver of inadmissibility

Question 5 (4 points)

Jeff is a native and citizen of Jamaica. In January, he met Vera, a U.S. citizen who was in Jamaica on vacation. Jeff and Vera immediately fell in love and were married in Jamaica. In February, Vera returned to the U.S. and filed a visa petition for Jeff. In April, the visa petition was approved. In May, Jeff went to the U.S. Embassy in Kingston, Jamaica where a consular officer processed his paperwork and provided him with an approved lawful permanent resident package. In January of the following year, Jeff arrived at an authorized port of entry into the United States. What is likely to happen at the port of entry?

Question 5 options:

a)	Jeff will be allowed to enter the U.S. as a lawful permanent resident.

b)	Jeff must first be inspected by an immigration officer, and then he will be allowed to enter as a lawful permanent resident.

c)	Jeff will be denied admission.

d)	Jeff will have to adjust his status in the U.S.

Question 6 (4 points)

The following fact pattern is for questions 6 and 7. Maria is a native and citizen of Mexico. She surreptitiously entered the U.S. by wading across the Rio Grande and then avoiding detection. She established a life in Texas and met a U.S. citizen whom she dated for several years. After Maria became pregnant and gave birth to their first child, the couple decided to get married. Maria's U.S. citizen spouse immediately filed a visa petition for her, which was approved. The couple then filed an I-485 with USCIS so that Maria could adjust her status to that of a lawfully permanent resident. What is the likely result if Maria attempts to adjust her status in the U.S. based on the approved petition filed by her husband? The correct answer is b, Maria will have to return to Mexico because she illegally entered the U.S. In order for nonimmigrants to adjust their status within the U.S., they must have been inspected by an immigration officer and admitted or paroled into the U.S. Those who enter without inspection or at a location other than an approved point of entry are not eligible to adjust within the U.S. and must return to their native countries to consular process.

Question 6 options:

a)	Maria will have to file a waiver of inadmissibility before she can adjust.

b)	Maria will have to return to Mexico because she illegally entered the U.S.

c)	Maria should be able to adjust because her marriage to a U.S. citizen appears to be bona fide.

d)	Maria should be able to adjust because she has a U.S. citizen child.

Question 7 (4 points)

What would be the likely result if, rather than adjusting in the U.S., Maria returned to Mexico?

Question 7 options:

a)	Maria would have to restart her visa petition in the U.S. Embassy in Mexico.

b)	Maria would be able to consular process.

c)	Maria would need to return to the U.S. within six months or her approved visa would expire.

d)	Maria would be inadmissible to the U.S. unless she obtained a waiver for her unlawful presence.

Question 8 (4 points)

Ted lawfully entered the U.S. on a tourist visa. Once he entered the U.S., Ted liked it so much that he decided that he wanted to permanently live in the U.S. He overstayed his visa and found a job. After a few years on the job, Ted's employer was able to get an approved labor certification for the job Ted had been working. Ted's employer then filed an employment-based adjustment application. What is the likely result?

Question 8 options:

a)	Ted will also need a waiver of inadmissibility before he can adjust.

b)	Ted will have to return to his country of citizenship because he worked without authorization.

c)	Ted should be able to adjust because his employer has an approved labor certification.

d)	Ted should be able to adjust because he lawfully entered the U.S.

Question 9 (4 points)

In 1996, Oscar illegally entered the U.S. to work at the summer Olympics in Atlanta. That same year, Oscar's employer filed a labor certification for Oscar. The labor certification and employment-based visa were approved, but Oscar never adjusted his status. Once the Olympics were over and the clean-up was done, Oscar's job ended. Oscar remained in the U.S. and eventually found another job. Several months ago, Oscar married a U.S. citizen who filed a family-based visa petition for him. That petition has been approved and Oscar now seeks to adjust his status to that of a lawful permanent resident. What is the likely result?

Question 9 options:

a)	Oscar should be able to adjust in the U.S. because of his approved employment-based visa.

b)	Oscar should be able to adjust because in the U.S. because he is married to a U.S. citizen.

c)	Oscar will not be able to adjust in the U.S. because the job on which his employment-based visa was approved has now ended.

d)	Oscar should be not able to adjust in the U.S. because he entered unlawfully.

Question 10 (4 points)

Larry is a lawful permanent resident of the U.S. In January, he traveled to his home country to tend to his dying father. In July, Larry's father passed away. In August, Larry held his father's funeral and wrapped up his father's affairs. In September, Larry returned to the U.S. At an authorized port of entry, how will Custom and Border Patrol officers likely view Larry?

Question 10 options:

a)	Larry will be treated like a U.S. citizen because U.S. citizens and LPRs are treated the same at the border.

b)	Larry will be treated like an LRP because LPRs and U.S. citizens are treated differently at the border.

c)	Larry will be treated as a noncitizen seeking admission.

d)	None of the above