Comprehensive Overview of Immigration Law (COIL) Practice Exam

Which statement about unlawful presence is accurate?

1. It is accumulated after a visa expires.

2. It does not affect individuals with DACA.

3. It is only relevant for individuals without a visa.

4. It has no impact on future immigration applications.

The correct answer is: It is accumulated after a visa expires.

Unlawful presence in the context of immigration law refers to the time an individual has remained in the United States without authorization after their legal status has expired. Accumulating unlawful presence typically begins when a person's visa expires or when they violate the terms of their visa, such as by staying beyond the permitted period outlined in their admission. Therefore, the statement about unlawful presence accumulating after a visa expires is accurate and captures the essence of what constitutes unlawful presence according to U.S. immigration regulations. The other statements do not accurately reflect the complexities of unlawful presence. For instance, while individuals with Deferred Action for Childhood Arrivals (DACA) may not currently be in unlawful presence due to the protections afforded to them, those protections do not negate the existence of unlawful presence accrued prior to obtaining DACA status. Additionally, unlawful presence does indeed affect individuals regardless of whether they hold a visa, as it applies to anyone who stays beyond their authorized stay or without authorization. Lastly, unlawful presence can significantly impact future immigration applications, as periods of unlawful presence can lead to bars on re-entry or complications in obtaining legal status in the future. Thus, option A correctly identifies the basis of unlawful presence as connected to visa expiration.