Comprehensive Overview of Immigration Law (COIL) Practice Exam

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Which action stops the running of unlawful presence?

  1. Filing an application for adjustment of status

  2. Leaving the country voluntarily

  3. Becoming a public charge

  4. Committing a crime

The correct answer is: Filing an application for adjustment of status

Filing an application for adjustment of status is the action that stops the running of unlawful presence. In immigration law, when an individual submits a complete application for adjustment of status, they are recognized as having a legitimate process underway to change their immigration status. This means that the time spent in unlawful presence does not continue to accumulate while their application is being processed. This is particularly important for individuals who may be at risk of accumulating unlawful presence and facing bars to re-entry into the United States. By filing such an application, they effectively reset the clock on their unlawful presence, allowing them to remain in the country and await a decision on their adjustment request. The other options do not have the same effect. Leaving the country voluntarily does not stop the running of unlawful presence; it may actually exacerbate the situation by triggering bars to re-entry depending on the length of unlawful presence prior to departure. Becoming a public charge does not directly relate to the consideration of unlawful presence. Lastly, committing a crime could lead to additional legal issues, including potential removal proceedings, rather than offering any protection concerning unlawful presence.