CIS Asylum and Refugee Law 1 — Questions and Answers
Question 1: Under U.S. immigration law, which definition of 'refugee' is used to determine eligibility for asylum?
- A person fleeing natural disaster or famine in their home country
- A person who is unable or unwilling to return to their country due to persecution or a well-founded fear of persecution on account of race, religion, nationality, membership in a particular social group, or political opinion (Correct answer)
- A person who has been displaced by armed conflict regardless of the reason
- A person who has lived outside their home country for more than one continuous year
Correct answer: A person who is unable or unwilling to return to their country due to persecution or a well-founded fear of persecution on account of race, religion, nationality, membership in a particular social group, or political opinion
The INA §101(a)(42) definition requires that the person face persecution or a well-founded fear of persecution on one of the five protected grounds.
Question 2: What is the filing deadline for an affirmative asylum application after an applicant's last arrival in the United States?
- 60 days
- 6 months
- 1 year (Correct answer)
- 2 years
Correct answer: 1 year
INA §208(a)(2)(B) requires asylum applicants to file within one year of their last arrival unless an exception applies.
Question 3: Which agency adjudicates affirmative asylum applications filed by individuals who are NOT in removal proceedings?
- U.S. Citizenship and Immigration Services (USCIS) Asylum Division (Correct answer)
- Executive Office for Immigration Review (EOIR)
- Bureau of Consular Affairs
- Department of State Refugee Processing Center
Correct answer: U.S. Citizenship and Immigration Services (USCIS) Asylum Division
Affirmative asylum applications are adjudicated by USCIS Asylum Officers; defensive asylum claims are heard by Immigration Judges within EOIR.
Question 4: Which form is used to apply for asylum and withholding of removal in the United States?
- Form I-589 (Correct answer)
- Form I-485
- Form I-730
- Form I-918
Correct answer: Form I-589
Form I-589, Application for Asylum and for Withholding of Removal, is the primary form used for both affirmative and defensive asylum claims.
Question 5: Under the Convention Against Torture (CAT), what standard must an applicant meet to obtain protection?
- A well-founded fear that torture is more likely than not
- Proof that torture is a certainty upon return
- A showing that it is more likely than not the applicant would be subjected to torture by or at the instigation of a public official (Correct answer)
- Evidence that torture occurred in the past without any nexus to a protected ground
Correct answer: A showing that it is more likely than not the applicant would be subjected to torture by or at the instigation of a public official
CAT protection requires a showing that it is more likely than not the applicant would be tortured by or with the acquiescence of a government official; no nexus to a protected ground is required.
Question 6: Which of the following is a mandatory bar to asylum eligibility?
- Applicant entered the United States without inspection
- Applicant has been convicted of a particularly serious crime (Correct answer)
- Applicant failed to timely renew their nonimmigrant visa
- Applicant previously filed a frivolous visa petition
Correct answer: Applicant has been convicted of a particularly serious crime
INA §208(b)(2)(A)(ii) bars asylum for individuals convicted of a particularly serious crime, including an aggravated felony.
Question 7: What is the legal standard for a 'well-founded fear of persecution' in an asylum claim?
- The applicant must prove persecution is a certainty upon return
- The fear must be both subjectively genuine and objectively reasonable, with at least a 10% chance of persecution (Correct answer)
- The applicant must show they were previously persecuted in their home country
- The applicant must provide corroborating documentary evidence from their home government
Correct answer: The fear must be both subjectively genuine and objectively reasonable, with at least a 10% chance of persecution
The Supreme Court in INS v. Cardoza-Fonseca held that a well-founded fear requires subjective genuine fear and an objective basis, as low as a 10% likelihood of persecution.
CIS Asylum and Refugee Law 1
Under U.S. immigration law, which definition of 'refugee' is used to determine eligibility for asylum?