CGMP CGMP Refugee & Asylum Processes 2 — Questions and Answers
Question 1: What is the 'one-year filing deadline' rule in U.S. asylum law?
- Asylum applicants must generally apply within one year of their last arrival in the United States (Correct answer)
- Asylum decisions must be issued within one year of application
- Refugees must adjust status within one year of admission
- USCIS must interview applicants within one year of filing
Correct answer: Asylum applicants must generally apply within one year of their last arrival in the United States
Under U.S. asylum law, applicants must file Form I-589 within one year of their last arrival in the United States unless they qualify for an exception based on changed or extraordinary circumstances.
Question 2: In U.S. asylum proceedings, what is the difference between 'affirmative' and 'defensive' asylum?
- Affirmative asylum is filed with USCIS by persons not in removal proceedings; defensive asylum is raised as a defense in immigration court (Correct answer)
- Affirmative asylum requires a sponsor; defensive asylum does not
- Affirmative asylum is for individuals outside the U.S.; defensive is for those inside
- Defensive asylum applies only to individuals from designated countries
Correct answer: Affirmative asylum is filed with USCIS by persons not in removal proceedings; defensive asylum is raised as a defense in immigration court
Affirmative asylum is proactively applied for by individuals not in removal proceedings at a USCIS asylum office, while defensive asylum is raised as a defense before an immigration judge when facing deportation.
Question 3: What is 'withholding of removal' and how does it differ from asylum in the United States?
- Withholding of removal prevents deportation to a specific country but does not grant asylee status or a path to permanent residence (Correct answer)
- Withholding of removal is equivalent to asylum but applies only to Convention countries
- Withholding of removal grants permanent residence immediately
- Withholding of removal is a temporary status that expires after two years
Correct answer: Withholding of removal prevents deportation to a specific country but does not grant asylee status or a path to permanent residence
Withholding of removal is a form of relief that prohibits deportation to a country where an individual faces persecution, but unlike asylum, it does not confer asylee status or lead to a green card.
Question 4: Under the Convention Against Torture (CAT), what protection can a person request in U.S. immigration proceedings?
- Deferral of removal or withholding of removal to the country where they would face torture (Correct answer)
- A grant of refugee status under the 1951 Refugee Convention
- Asylum with the right to adjust to permanent residence
- Temporary Protected Status (TPS) pending torture investigation
Correct answer: Deferral of removal or withholding of removal to the country where they would face torture
The Convention Against Torture provides two forms of U.S. protection: withholding of removal (for those more likely than not to face torture) and deferral of removal (for those in certain bars to withholding).
Question 5: How soon after being granted asylum can a person apply for lawful permanent residence (green card) in the United States?
- After one year of being granted asylum (Correct answer)
- Immediately upon receiving asylum
- After three years of asylum status
- After five years of continuous presence in the U.S.
Correct answer: After one year of being granted asylum
Asylees may apply for lawful permanent residence by filing Form I-485 after one year of continuous presence in the United States following the grant of asylum.
Question 6: What is the legal concept of 'firm resettlement' as a bar to asylum in the United States?
- An applicant is barred from asylum if they were offered and accepted permanent residence or citizenship in a third country before arriving in the U.S. (Correct answer)
- An applicant who resettled in any country is automatically ineligible for asylum
- Firm resettlement refers to individuals who have family ties in the U.S.
- An applicant loses asylum eligibility if they returned to their home country after fleeing
Correct answer: An applicant is barred from asylum if they were offered and accepted permanent residence or citizenship in a third country before arriving in the U.S.
Firm resettlement is a mandatory bar to asylum that applies when an asylum seeker was offered or received permanent resident status, citizenship, or some other form of permanent protection in a third country prior to arriving in the U.S.
CGMP CGMP Refugee & Asylum Processes 2
What is the 'one-year filing deadline' rule in U.S. asylum law?