CIA Deportation & Removal Defense 2 — Questions and Answers
Question 1: To qualify for cancellation of removal as a non-lawful permanent resident, an applicant must demonstrate continuous physical presence in the U.S. for at least how many years?
- 5 years
- 7 years
- 10 years (Correct answer)
- 15 years
Correct answer: 10 years
Under INA § 240A(b)(1)(A), a non-LPR must demonstrate 10 years of continuous physical presence in the U.S. to be eligible for cancellation of removal.
Question 2: Which form of relief protects a noncitizen from removal based on a well-founded fear of persecution on account of race, religion, nationality, membership in a particular social group, or political opinion?
- Temporary Protected Status (TPS)
- Asylum (Correct answer)
- Deferred Action
- Parole in Place
Correct answer: Asylum
Asylum under INA § 208 protects noncitizens who have suffered past persecution or have a well-founded fear of future persecution based on one of the five protected grounds.
Question 3: Under the Convention Against Torture (CAT), what must an applicant demonstrate to receive protection from removal?
- A well-founded fear of persecution based on race or religion
- That it is more likely than not they would be tortured by or with the acquiescence of a government official (Correct answer)
- That they have been a victim of domestic violence
- That they have resided in the U.S. for at least 10 years
Correct answer: That it is more likely than not they would be tortured by or with the acquiescence of a government official
CAT protection requires showing it is more likely than not that the applicant would be subjected to torture by or with the consent or acquiescence of a public official in the country of removal.
Question 4: A noncitizen seeking withholding of removal must show that their life or freedom would be threatened on account of which protected grounds?
- Economic hardship or poverty
- Race, religion, nationality, membership in a particular social group, or political opinion (Correct answer)
- Fear of criminal gangs or general violence
- Prior criminal record in the home country
Correct answer: Race, religion, nationality, membership in a particular social group, or political opinion
Withholding of removal under INA § 241(b)(3) requires showing a clear probability of persecution on account of the same five protected grounds as asylum.
Question 5: Which of the following is NOT a statutory requirement for cancellation of removal for a lawful permanent resident under INA § 240A(a)?
- Five years as a lawful permanent resident
- Seven years of continuous residence in the U.S.
- No conviction of an aggravated felony
- Ten years of continuous physical presence in the U.S. (Correct answer)
Correct answer: Ten years of continuous physical presence in the U.S.
LPR cancellation requires 5 years as an LPR, 7 years of continuous residence, and no aggravated felony conviction — the 10-year continuous presence requirement applies to non-LPR cancellation, not LPR cancellation.
Question 6: Under the Violence Against Women Act (VAWA), which noncitizen may self-petition for immigration relief independent of an abusive spouse's cooperation?
- Any noncitizen who has been a victim of a qualifying crime
- Battered spouses and children of U.S. citizens or lawful permanent residents (Correct answer)
- Only female noncitizens who have suffered physical abuse
- Noncitizens who have obtained a valid restraining order against an abuser
Correct answer: Battered spouses and children of U.S. citizens or lawful permanent residents
VAWA allows battered spouses and children of U.S. citizens or LPRs to self-petition for immigration benefits without the abuser's knowledge or cooperation.
Question 7: What is the annual statutory cap on the number of U visas issued to noncitizen victims of qualifying crimes?
- 5,000
- 10,000 (Correct answer)
- 25,000
- 50,000
Correct answer: 10,000
INA § 214(p)(2)(A) caps U visa issuances at 10,000 per fiscal year; when the cap is reached, qualifying petitioners are placed on a waiting list.
CIA Deportation & Removal Defense 2
To qualify for cancellation of removal as a non-lawful permanent resident, an applicant must demonstrate continuous physical presence in the U.S. for at least how many years?