Comprehensive Overview of Immigration Law (COIL) Practice Exam

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What defines an "approvable when filed" petition?

  1. It must have been submitted with a notarized signature

  2. It must have been submitted with a proper filing fee and be non-frivolous

  3. It must guarantee the applicant's legal status

  4. It must have been filed by a family member

The correct answer is: It must have been submitted with a proper filing fee and be non-frivolous

An "approvable when filed" petition is defined as one that has been submitted with a proper filing fee and is non-frivolous. This means that for a petition to be considered approvable at the time of filing, it must meet the basic requirements established by immigration authorities, which include the submission of the appropriate fees and the establishment of a legitimate, non-frivolous basis for the petition. If a petition lacks these elements, it cannot be deemed approvable, regardless of other factors such as notarization or the relationship of the petitioner to the applicant. Therefore, ensuring compliance with the proper filing fee and the legitimacy of the claims presented in the petition are critical for its approval upon submission.