IFS Asylum & Refugee Processing 3 — Questions and Answers
Question 1: Which of the following is a mandatory bar to asylum based on criminal conduct?
- Conviction of a misdemeanor involving moral turpitude
- Conviction of a particularly serious crime (Correct answer)
- Any arrest record in the past five years
- A DUI conviction in a third country
Correct answer: Conviction of a particularly serious crime
Conviction of a 'particularly serious crime,' including an aggravated felony, is a mandatory bar to asylum under INA § 208(b)(2).
Question 2: During a credible fear interview, what standard must an asylum officer apply?
- Clear and convincing evidence of past persecution
- A significant possibility that the alien could establish eligibility for asylum (Correct answer)
- More likely than not standard for future harm
- Preponderance of evidence of political opinion
Correct answer: A significant possibility that the alien could establish eligibility for asylum
The credible fear standard is met if there is a 'significant possibility' the applicant could establish eligibility for asylum or withholding of removal.
Question 3: What happens when a USCIS asylum officer determines an affirmative asylum applicant does not qualify for asylum?
- The applicant is immediately deported
- The case is referred to an immigration judge for a removal hearing (Correct answer)
- USCIS issues a final order of removal
- The applicant must leave within 30 days voluntarily
Correct answer: The case is referred to an immigration judge for a removal hearing
When an asylum officer denies an affirmative claim for applicants without lawful status, the case is referred to EOIR for a removal hearing where the applicant can renew their asylum claim.
Question 4: Which ground of persecution is NOT explicitly listed in the Refugee Act's definition of a refugee?
- Religion
- Nationality
- Economic hardship (Correct answer)
- Political opinion
Correct answer: Economic hardship
The five protected grounds are race, religion, nationality, political opinion, and membership in a particular social group — economic hardship is not a protected ground.
Question 5: What is the 'nexus' requirement in asylum law?
- The geographic connection between the applicant and the persecutor
- The persecution must be 'on account of' one of the five protected grounds (Correct answer)
- The applicant must have a direct family connection to a prior refugee
- The applicant's case must be connected to a recognized pattern of persecution
Correct answer: The persecution must be 'on account of' one of the five protected grounds
The nexus requirement means persecution must be 'on account of' or 'because of' one of the five protected grounds, linking the harm to a protected characteristic.
Question 6: Under U.S. law, unaccompanied alien children (UAC) who arrive from non-contiguous countries are generally referred to which agency for initial custody?
- ICE Enforcement and Removal Operations
- CBP Office of Border Patrol
- Office of Refugee Resettlement (ORR) (Correct answer)
- USCIS Asylum Division
Correct answer: Office of Refugee Resettlement (ORR)
UACs from non-contiguous countries must be transferred to ORR custody within 72 hours under the Trafficking Victims Protection Reauthorization Act (TVPRA).
Question 7: Which of the following describes withholding of removal under INA § 241(b)(3)?
- It provides a path to lawful permanent residence after two years
- It bars removal to a specific country but does not confer asylum status or adjustment eligibility (Correct answer)
- It is available only to applicants who were denied asylum on timeliness grounds
- It requires proof of past persecution only, not future fear
Correct answer: It bars removal to a specific country but does not confer asylum status or adjustment eligibility
Withholding of removal under § 241(b)(3) prohibits return to a specific country but does not confer asylum status, travel documents, or a path to LPR.
IFS Asylum & Refugee Processing 3
Which of the following is a mandatory bar to asylum based on criminal conduct?