CIS Asylum and Refugee Law

Question 1

Under U.S. immigration law, which definition of 'refugee' is used to determine eligibility for asylum?

Accepted Answer

A person who is unable or unwilling to return to their country due to persecution or a well-founded fear of persecution on account of race, religion, nationality, membership in a particular social group, or political opinion

Answer

A person fleeing natural disaster or famine in their home country

Answer

A person who has been displaced by armed conflict regardless of the reason

Answer

A person who has lived outside their home country for more than one continuous year

Question 2

What is the filing deadline for an affirmative asylum application after an applicant's last arrival in the United States?

Accepted Answer

1 year

Answer

60 days

Answer

6 months

Answer

2 years

Question 3

Which agency adjudicates affirmative asylum applications filed by individuals who are NOT in removal proceedings?

Accepted Answer

U.S. Citizenship and Immigration Services (USCIS) Asylum Division

Answer

Executive Office for Immigration Review (EOIR)

Answer

Bureau of Consular Affairs

Answer

Department of State Refugee Processing Center

Question 4

Which form is used to apply for asylum and withholding of removal in the United States?

Accepted Answer

Form I-589

Answer

Form I-485

Answer

Form I-730

Answer

Form I-918

Question 5

Under the Convention Against Torture (CAT), what standard must an applicant meet to obtain protection?

Accepted Answer

A showing that it is more likely than not the applicant would be subjected to torture by or at the instigation of a public official

Answer

A well-founded fear that torture is more likely than not

Answer

Proof that torture is a certainty upon return

Answer

Evidence that torture occurred in the past without any nexus to a protected ground

Question 6

Which of the following is a mandatory bar to asylum eligibility?

Accepted Answer

Applicant has been convicted of a particularly serious crime

Answer

Applicant entered the United States without inspection

Answer

Applicant failed to timely renew their nonimmigrant visa

Answer

Applicant previously filed a frivolous visa petition

Question 7

What is the legal standard for a 'well-founded fear of persecution' in an asylum claim?

Accepted Answer

The fear must be both subjectively genuine and objectively reasonable, with at least a 10% chance of persecution

Answer

The applicant must prove persecution is a certainty upon return

Answer

The applicant must show they were previously persecuted in their home country

Answer

The applicant must provide corroborating documentary evidence from their home government