Comprehensive Overview of Immigration Law (COIL) Practice Exam

What is the classification of a foreign national who marries a U.S. citizen more than two years after their marriage?

1. Permanent resident

2. Conditional resident

3. Temporary resident

4. Non-immigrant

The correct answer is: Permanent resident

The classification of a foreign national who marries a U.S. citizen more than two years after their marriage is that of a permanent resident. This occurs because, after the marriage, the foreign national is eligible to apply for a green card based on their marriage to a U.S. citizen. If the marriage has occurred for more than two years prior to applying for permanent resident status, it qualifies as a bona fide marriage, thus enabling the foreign national to secure permanent residency. In contrast, a conditional resident status applies specifically to those who have been married for less than two years at the time of obtaining their green card. This classification serves as a way to ensure such marriages are legitimate. A temporary resident status generally does not pertain to marital relationships and typically references specific non-immigrant visa categories with temporary authorization to stay. Lastly, the term non-immigrant encompasses various visa categories that allow individuals to stay in the U.S. for limited purposes, which does not apply to spouses of U.S. citizens seeking residency.