Comprehensive Overview of Immigration Law (COIL) Practice Exam

What issue is Miguel likely to face at his immigrant visa interview?

1. He may be found inadmissible for medical reasons

2. He will be questioned about his job history

3. He is subject to the permanent bar due to unlawful presence

4. He has no problems at all

The correct answer is: He is subject to the permanent bar due to unlawful presence

The likelihood of Miguel facing issues related to the permanent bar due to unlawful presence is a significant concern in the context of immigrant visa interviews. The permanent bar applies to individuals who have accrued a specific period of unlawful presence in the United States. For instance, if an individual was unlawfully present for more than 180 days but less than one year and departed voluntarily before being ordered removed, they may face a three-year bar. If the unlawful presence was for one year or more, the individual is subject to a permanent bar, meaning they cannot seek to re-enter the country for life without a waiver. When attending a visa interview, the consular officer typically checks for any inadmissibility grounds. If Miguel falls under the category of having been unlawfully present for a significant time, he would be unable to obtain his visa due to this rule. This makes it critical for applicants like Miguel to be aware of their immigration history as it can greatly impact the outcome of their application. In contrast, while medical inadmissibility can indeed be a concern or job history may be considered, they do not present the same permanent and substantial barrier to obtaining a visa as unlawful presence does in this scenario. Additionally, claiming that he has no problems at all would not accurately reflect