CIS Asylum and Refugee Law 3

Question 1

What is the U.S. Refugee Admissions Program (USRAP) and who controls the annual refugee admissions ceiling?

Accepted Answer

A State Department-coordinated program; the President sets the annual admissions ceiling in a Presidential Determination after consultation with Congress

Answer

A USCIS program; Congress sets the annual ceiling by statute each year

Answer

A UNHCR-run program; the Secretary of State sets the ceiling unilaterally

Answer

A DHS program; the ceiling is set by the Secretary of Homeland Security

Question 2

A person fleeing domestic violence seeks asylum based on membership in the PSG 'married women in [country] who are unable to leave their relationship.' Which analysis is most important to the adjudicator?

Accepted Answer

Whether the PSG is immutable, defined with particularity, and socially distinct in the applicant's country

Answer

Whether the applicant previously applied for asylum in a third country

Answer

Whether the applicant entered the U.S. through the southern border

Answer

Whether the applicant holds a valid travel document

Question 3

What is 'nexus' in the context of an asylum claim, and why is it critical?

Accepted Answer

The causal link between the persecution suffered or feared and one of the five protected grounds

Answer

The connection between the applicant's country of nationality and the U.S. immigration system

Answer

The procedural link between affirmative and defensive asylum processes

Answer

The relationship between the applicant's case and prior Board of Immigration Appeals precedent

Question 4

Which standard applies to an application for withholding of removal under INA §241(b)(3), compared to the standard for asylum?

Accepted Answer

Withholding requires a higher standard: a clear probability (more likely than not) of persecution

Answer

Withholding requires the same well-founded fear standard as asylum

Answer

Withholding requires proof of past persecution only, with no forward-looking standard

Answer

Withholding uses a preponderance of the evidence standard based solely on documentary evidence

Question 5

A credible fear interview is conducted for individuals who arrive without documentation or at a port of entry and express a fear of return. Who conducts this interview?

Accepted Answer

A USCIS Asylum Officer

Answer

An Immigration Judge at the Executive Office for Immigration Review

Answer

A CBP Officer at the port of entry

Answer

A consular officer at a U.S. embassy abroad

Question 6

Which of the following is NOT one of the five grounds of persecution under U.S. asylum law?

Accepted Answer

Economic class

Answer

Race

Answer

Political opinion

Answer

Religion

Question 7

After being granted asylum, how long does an asylee have to file a petition (Form I-730) to follow-to-join a qualifying derivative family member outside the United States?

Accepted Answer

2 years from the date of the grant

Answer

6 months from the date of the grant

Answer

1 year from the date of the grant

Answer

5 years from the date of the grant