CIS Asylum and Refugee Law 2 — Questions and Answers
Question 1: Which of the following constitutes 'persecution' for purposes of an asylum claim?
- General civil unrest or widespread societal violence with no government nexus
- Threats of death or serious physical harm carried out by the government or a group the government is unable or unwilling to control (Correct answer)
- Discrimination in employment that results in lower wages
- Economic hardship caused by government mismanagement
Correct answer: Threats of death or serious physical harm carried out by the government or a group the government is unable or unwilling to control
Persecution requires serious harm inflicted by the government or by forces the government cannot or will not control; mere discrimination or economic hardship typically does not rise to this level.
Question 2: A derivative asylum beneficiary is eligible to receive asylum based on which relationship to the principal applicant?
- Parent or sibling residing in the United States
- Spouse and unmarried children under 21 who are in the United States (Correct answer)
- Any immediate family member regardless of location
- Spouse and children up to age 25 if they entered together
Correct answer: Spouse and unmarried children under 21 who are in the United States
Under INA §208(b)(3), the spouse and unmarried children under 21 of an asylee may be granted derivative asylum if they were included in the application or if a separate Form I-730 is filed.
Question 3: What is 'withholding of removal' and how does it differ from asylum?
- It is identical to asylum but is only available to applicants in removal proceedings
- It provides a higher level of protection than asylum, including the right to a green card
- It prevents removal to a specific country if the applicant's life or freedom would be threatened on a protected ground, but does not lead to permanent residence or derivative benefits (Correct answer)
- It is only available for CAT applicants and does not require a nexus to a protected ground
Correct answer: It prevents removal to a specific country if the applicant's life or freedom would be threatened on a protected ground, but does not lead to permanent residence or derivative benefits
Withholding of removal under INA §241(b)(3) bars removal to a specific country but does not grant derivative benefits, lead to a green card, or prevent removal to a third country.
Question 4: Which of the following scenarios qualifies as membership in a 'particular social group' (PSG) under asylum law?
- All citizens of a given country fleeing general poverty
- Young men from a specific country who refuse to join criminal gangs, if the group is recognized as socially distinct and defined with particularity (Correct answer)
- Any group that faces discrimination in employment
- Individuals who share the same economic class
Correct answer: Young men from a specific country who refuse to join criminal gangs, if the group is recognized as socially distinct and defined with particularity
A PSG must be (1) composed of members who share a common immutable characteristic, (2) defined with particularity, and (3) socially distinct in the relevant society; a recognized anti-gang group can qualify if all three criteria are met.
Question 5: If an asylum applicant has a firm resettlement offer from a third country, how does this affect their U.S. asylum eligibility?
- The applicant is automatically ineligible for asylum
- The applicant must demonstrate changed circumstances before proceeding
- The applicant is barred unless they can show that conditions in that country were substantially restrictive of their rights (Correct answer)
- There is no impact; resettlement offers in third countries are irrelevant to U.S. asylum
Correct answer: The applicant is barred unless they can show that conditions in that country were substantially restrictive of their rights
INA §208(b)(2)(A)(vi) bars asylum if the applicant was firmly resettled in a third country prior to arriving in the U.S., unless conditions were substantially restrictive of their fundamental rights.
Question 6: Under the asylum process, what occurs if an affirmative asylum applicant receives a referral notice from a USCIS Asylum Officer?
- The application is denied and the applicant must depart the United States immediately
- The applicant is placed in removal proceedings before an Immigration Judge where the claim is heard de novo (Correct answer)
- The applicant may appeal directly to the Board of Immigration Appeals
- The applicant is granted temporary protected status pending further review
Correct answer: The applicant is placed in removal proceedings before an Immigration Judge where the claim is heard de novo
When USCIS does not grant asylum, it refers the case to the Immigration Court for de novo defensive adjudication in removal proceedings.
Question 7: An asylee who has been continuously present in the United States for at least one year after being granted asylum may apply for which immigration benefit?
- U.S. citizenship directly
- Adjustment of status to lawful permanent residence (green card) (Correct answer)
- A 10-year employment authorization document
- Diplomatic immunity
Correct answer: Adjustment of status to lawful permanent residence (green card)
Under INA §209(b), an asylee who has been physically present in the U.S. for one year after being granted asylum may apply for adjustment of status to lawful permanent resident.
CIS Asylum and Refugee Law 2
Which of the following constitutes 'persecution' for purposes of an asylum claim?