CIS Asylum and Refugee Law 2

Question 1

Which of the following constitutes 'persecution' for purposes of an asylum claim?

Accepted Answer

Threats of death or serious physical harm carried out by the government or a group the government is unable or unwilling to control

Answer

General civil unrest or widespread societal violence with no government nexus

Answer

Discrimination in employment that results in lower wages

Answer

Economic hardship caused by government mismanagement

Question 2

A derivative asylum beneficiary is eligible to receive asylum based on which relationship to the principal applicant?

Accepted Answer

Spouse and unmarried children under 21 who are in the United States

Answer

Parent or sibling residing in the United States

Answer

Any immediate family member regardless of location

Answer

Spouse and children up to age 25 if they entered together

Question 3

What is 'withholding of removal' and how does it differ from asylum?

Accepted Answer

It prevents removal to a specific country if the applicant's life or freedom would be threatened on a protected ground, but does not lead to permanent residence or derivative benefits

Answer

It is identical to asylum but is only available to applicants in removal proceedings

Answer

It provides a higher level of protection than asylum, including the right to a green card

Answer

It is only available for CAT applicants and does not require a nexus to a protected ground

Question 4

Which of the following scenarios qualifies as membership in a 'particular social group' (PSG) under asylum law?

Accepted Answer

Young men from a specific country who refuse to join criminal gangs, if the group is recognized as socially distinct and defined with particularity

Answer

All citizens of a given country fleeing general poverty

Answer

Any group that faces discrimination in employment

Answer

Individuals who share the same economic class

Question 5

If an asylum applicant has a firm resettlement offer from a third country, how does this affect their U.S. asylum eligibility?

Accepted Answer

The applicant is barred unless they can show that conditions in that country were substantially restrictive of their rights

Answer

The applicant is automatically ineligible for asylum

Answer

The applicant must demonstrate changed circumstances before proceeding

Answer

There is no impact; resettlement offers in third countries are irrelevant to U.S. asylum

Question 6

Under the asylum process, what occurs if an affirmative asylum applicant receives a referral notice from a USCIS Asylum Officer?

Accepted Answer

The applicant is placed in removal proceedings before an Immigration Judge where the claim is heard de novo

Answer

The application is denied and the applicant must depart the United States immediately

Answer

The applicant may appeal directly to the Board of Immigration Appeals

Answer

The applicant is granted temporary protected status pending further review

Question 7

An asylee who has been continuously present in the United States for at least one year after being granted asylum may apply for which immigration benefit?

Accepted Answer

Adjustment of status to lawful permanent residence (green card)

Answer

U.S. citizenship directly

Answer

A 10-year employment authorization document

Answer

Diplomatic immunity