CGMP CGMP Refugee & Asylum Processes 2

Question 1

What is the 'one-year filing deadline' rule in U.S. asylum law?

Accepted Answer

Asylum applicants must generally apply within one year of their last arrival in the United States

Answer

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?

Accepted Answer

Affirmative asylum is filed with USCIS by persons not in removal proceedings; defensive asylum is raised as a defense in immigration court

Answer

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?

Accepted Answer

Withholding of removal prevents deportation to a specific country but does not grant asylee status or a path to permanent residence

Answer

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?

Accepted Answer

Deferral of removal or withholding of removal to the country where they would face torture

Answer

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?

Accepted Answer

After one year of being granted asylum

Answer

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.

(CGMP) Certified Global Migration Professional Practice Test

(CGMP) Certified Global Migration Professional Practice Test

CGMP CGMP Refugee & Asylum Processes 2