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

Persecution requires serious harm inflicted by the government or by forces the government cannot or will not control; mere discrimination or economic hardship typically does not rise to this level.

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

Under INA §208(b)(3), the spouse and unmarried children under 21 of an asylee may be granted derivative asylum if they were included in the application or if a separate Form I-730 is filed.

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

Withholding of removal under INA §241(b)(3) bars removal to a specific country but does not grant derivative benefits, lead to a green card, or prevent removal to a third country.

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

A PSG must be (1) composed of members who share a common immutable characteristic, (2) defined with particularity, and (3) socially distinct in the relevant society; a recognized anti-gang group can qualify if all three criteria are met.

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

INA §208(b)(2)(A)(vi) bars asylum if the applicant was firmly resettled in a third country prior to arriving in the U.S., unless conditions were substantially restrictive of their fundamental rights.

(CIS) Certified Immigration Specialist Practice Test

(CIS) Certified Immigration Specialist Practice Test

CIS Asylum and Refugee Law 2