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

USRAP is coordinated by the State Department's Bureau of Population, Refugees, and Migration; the President issues an annual Presidential Determination setting the refugee admissions ceiling after consulting with Congress.

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

PSG-based asylum claims require the adjudicator to determine whether the proposed group is immutable, defined with particularity, and socially distinct; domestic-violence-based PSGs are analyzed under this three-part test.

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

Nexus requires that the persecution be 'on account of' one of the five protected grounds (race, religion, nationality, PSG, or political opinion); without nexus, even severe harm does not support an asylum grant.

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 of removal requires a 'clear probability' that the applicant's life or freedom would be threatened — a 'more likely than not' standard, which is higher than the well-founded fear standard for asylum.

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

USCIS Asylum Officers conduct credible fear interviews to determine whether an individual has a significant possibility of establishing eligibility for asylum or other protection before removal proceedings are initiated.

(CIS) Certified Immigration Specialist Practice Test

(CIS) Certified Immigration Specialist Practice Test

CIS Asylum and Refugee Law 3