CIA Interview Preparation & Immigration Hearings Flashcards
6 cards from real CIA practice questions. Tap to flip, then mark Knew It or Still Learning โ missed cards come back until you master them.
Read the first 6 CIA Interview Preparation & Immigration Hearings flashcards as text
What is the 'credible fear' standard used in expedited removal proceedings?
Answer: A significant possibility, considering the applicant's credibility, that the applicant could establish eligibility for asylum
A positive credible fear finding means there is a significant possibility the applicant could establish eligibility for asylum, allowing them to proceed to a full hearing.
Before a consular officer can deny a visa application under INA Section 221(g), what must occur?
Answer: The officer must issue a written refusal stating the specific statutory ground(s) for ineligibility
Section 221(g) refusals require the officer to provide written notice of the specific statutory basis for the refusal or for pending administrative processing.
What is the Board of Immigration Appeals (BIA) and what is its primary function?
Answer: The highest administrative body for interpreting and applying immigration laws, reviewing appeals from immigration judge decisions
The BIA, part of the DOJ's Executive Office for Immigration Review (EOIR), is the highest administrative appellate body that reviews immigration judge decisions and issues binding precedent decisions.
What is the general deadline for filing an appeal with the BIA after an immigration judge issues an oral decision?
Answer: 30 calendar days
A Notice of Appeal (Form EOIR-26) must be filed with the BIA within 30 calendar days of the immigration judge's oral or written decision.
In preparation for an asylum interview with USCIS, what is the primary document an advisor should help the client prepare?
Answer: A detailed personal declaration describing past persecution and fear of future harm
A comprehensive personal declaration is the cornerstone of an asylum application, narrating the applicant's experiences of persecution and establishing the nexus to a protected ground.
What is 'withholding of removal' under INA Section 241(b)(3), and how does it differ from asylum?
Answer: It is a higher-standard protection that prevents removal to a specific country where the applicant's life or freedom would be threatened, but does not lead to a green card
Withholding of removal requires a higher burden of proof (more likely than not) than asylum, does not lead to lawful permanent residence, and cannot be waived by the Attorney General.