Comprehensive Overview of Immigration Law (COIL) Practice Exam

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What is Pedro's situation regarding lawful presence?

  1. He is eligible for adjustment of status

  2. He triggers the permanent bar

  3. He can apply for a waiver

  4. He has no record to worry about

The correct answer is: He triggers the permanent bar

Pedro's situation regarding lawful presence is understood through the implications of triggering the permanent bar. When a person is determined to have accrued unlawful presence in the United States for more than 180 days but less than one year, and subsequently departs, they face a three-year bar upon re-entry. If they have accrued unlawful presence for more than one year, they trigger a permanent bar, making them ineligible to re-enter the U.S. for an indefinite period. This status significantly impacts their ability to apply for any immigration benefits, such as adjustment of status or waivers, as being subject to the permanent bar essentially removes many pathways toward legal residence. This understanding creates a clear framework for assessing immigration options, highlighting the seriousness of having triggered this bar in Pedro’s case.

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