IFS Asylum & Refugee Processing 2 — Questions and Answers
Question 1: Which USCIS form is used to apply for asylum affirmatively within the United States?
- Form I-589 (Correct answer)
- Form I-485
- Form I-730
- Form I-94
Correct answer: Form I-589
Form I-589, Application for Asylum and for Withholding of Removal, is the form filed with USCIS for affirmative asylum applications.
Question 2: Under the Convention Against Torture (CAT), what must an applicant demonstrate to qualify for protection?
- Membership in a particular social group
- It is more likely than not they would be tortured by or with government acquiescence (Correct answer)
- Past persecution based on religion
- Credible fear of political persecution
Correct answer: It is more likely than not they would be tortured by or with government acquiescence
CAT protection requires showing it is 'more likely than not' the applicant would face torture with the acquiescence of a public official.
Question 3: What is the purpose of Form I-730, Refugee/Asylee Relative Petition?
- To apply for refugee status abroad
- To petition for qualifying family members to follow-to-join an asylee or refugee (Correct answer)
- To extend temporary protected status
- To request parole for a detained asylum seeker
Correct answer: To petition for qualifying family members to follow-to-join an asylee or refugee
Form I-730 allows asylees and refugees to petition for their spouse and unmarried children under 21 to join them in the U.S.
Question 4: An asylum applicant who fails to appear for their immigration court hearing will most likely face what consequence?
- Automatic grant of withholding of removal
- Issuance of a voluntary departure order
- An in absentia order of removal (Correct answer)
- Transfer to affirmative asylum processing
Correct answer: An in absentia order of removal
Under INA § 240(b)(5), an applicant who fails to appear for a removal hearing without adequate cause will be ordered removed in absentia.
Question 5: Which office adjudicates asylum claims filed by individuals who are not in removal proceedings?
- Executive Office for Immigration Review (EOIR)
- USCIS Asylum Office (Correct answer)
- Department of State Bureau of Population
- CBP Office of Field Operations
Correct answer: USCIS Asylum Office
The USCIS Asylum Office adjudicates affirmative asylum applications from individuals not in removal proceedings.
Question 6: What is the 'firm resettlement' bar to asylum?
- Applicant transited through a safe third country without seeking protection
- Applicant was offered and accepted permanent resident status in another country before arriving in the U.S. (Correct answer)
- Applicant has dual citizenship in a safe country
- Applicant previously filed and was denied asylum in another country
Correct answer: Applicant was offered and accepted permanent resident status in another country before arriving in the U.S.
An applicant is barred from asylum if they were firmly resettled in a third country, meaning they were offered permanent resident status, citizenship, or some other permanent status before coming to the U.S.
Question 7: A refugee who has been in the United States for one year may apply for lawful permanent residence using which form?
- Form I-131
- Form I-590
- Form I-485 (Correct answer)
- Form I-765
Correct answer: Form I-485
Refugees who have been physically present in the U.S. for at least one year must apply to adjust their status to LPR using Form I-485.
IFS Asylum & Refugee Processing 2
Which USCIS form is used to apply for asylum affirmatively within the United States?