Comprehensive Overview of Immigration Law (COIL) Practice Exam

What is true about Felix's admissibility if he did not leave the U.S. since 2012?

1. He is inadmissible under the ten-year unlawful presence bar.

2. He will face immediate deportation.

3. He qualifies for permanent resident status.

4. His unlawful presence does not affect him unless he departs.

The correct answer is: His unlawful presence does not affect him unless he departs.

The notion that Felix's unlawful presence does not affect him unless he departs is accurate because, under U.S. immigration law, the consequences of unlawful presence are directly tied to a person's ability to re-enter the country after leaving. If an individual has remained in the United States without legal status, they may be subject to the ten-year unlawful presence bar upon departure. However, as long as Felix remains in the U.S., he is not facing immediate immigration penalties related to his unlawful status. This distinction is vital because it highlights that while unlawful presence can have serious implications for re-entry and future immigration actions, those consequences do not trigger until an individual attempts to leave the country. Therefore, Felix's situation indicates that he is not currently barred or automatically subject to deportation simply due to his presence, making the assertion about his unlawful presence being inconsequential unless he departs accurate.