Comprehensive Overview of Immigration Law (COIL) Practice Exam

What may raise a presumption of misrepresentation if done within 90 days of entering the U.S. on a tourist visa?

1. Attending a seminar.

2. Working illegally.

3. Leaving the country.

4. Visiting relatives.

The correct answer is: Working illegally.

Working illegally on a tourist visa creates a significant issue under U.S. immigration law, as tourist visas are strictly for temporary visits and not for any employment activities. If someone engages in unauthorized work within 90 days of entering the U.S. on a tourist visa, it raises a presumption of misrepresentation regarding their intent when entering the country. The authorities may infer that the individual did not have a genuine tourist intent at the time of entry, but rather planned to work, which is a violation of the visa conditions. In contrast, attending a seminar, leaving the country, or visiting relatives are activities generally consistent with the purpose of a tourist visa and do not inherently suggest any misrepresentation of intent. Thus, they would not raise the same presumption of misrepresentation as working illegally would.