IFS Asylum & Refugee Processing 5 — Questions and Answers
Question 1: A client received asylum five years ago but then briefly joined an organization that USCIS now considers to have provided material support to a terrorist group. What is the most serious immigration consequence?
- Mandatory re-interview by the asylum office
- Termination of asylum status and potential bar from any immigration relief (Correct answer)
- A $10,000 civil fine and probationary status
- Automatic downgrade to withholding of removal status
Correct answer: Termination of asylum status and potential bar from any immigration relief
The material support bar under INA § 212(a)(3)(B) can result in termination of asylum and render an individual inadmissible and ineligible for most immigration benefits.
Question 2: What is the significance of the one-year filing deadline for asylum, and what are the recognized exceptions?
- It is a soft deadline waivable at the asylum officer's discretion for any reason
- Applications must be filed within one year of arrival; exceptions exist for changed or extraordinary circumstances (Correct answer)
- The deadline applies only to applicants who entered without inspection
- There is no filing deadline if the applicant entered on a valid visa
Correct answer: Applications must be filed within one year of arrival; exceptions exist for changed or extraordinary circumstances
INA § 208(a)(2)(B) requires asylum applications within one year of last arrival; exceptions for changed circumstances (e.g., country conditions) or extraordinary circumstances (e.g., serious illness) may excuse late filing.
Question 3: What does 'non-refoulement' obligate the United States to do under international law?
- Admit all asylum seekers who present at a port of entry
- Not return individuals to a country where they face persecution or torture (Correct answer)
- Grant refugee status to anyone fleeing armed conflict
- Allow UNHCR full access to all detention facilities
Correct answer: Not return individuals to a country where they face persecution or torture
Non-refoulement, codified in the 1951 Refugee Convention and U.S. law, prohibits returning an individual to a country where their life or freedom would be threatened on account of a protected ground.
Question 4: In defensive asylum proceedings before an immigration judge, who bears the burden of proof?
- The Department of Homeland Security bears the burden to disprove the claim
- The asylum applicant bears the burden to establish eligibility by a preponderance of the evidence (Correct answer)
- The burden is shared equally between the applicant and DHS
- The immigration judge independently determines eligibility without burden allocation
Correct answer: The asylum applicant bears the burden to establish eligibility by a preponderance of the evidence
Under 8 C.F.R. § 1208.13, the asylum applicant bears the burden of proof to establish that they are a refugee and that they merit a favorable exercise of discretion.
Question 5: An asylee who travels outside the U.S. without obtaining a Refugee Travel Document (Form I-131) risks what consequence?
- Automatic loss of LPR status upon departure
- Abandonment of asylee status and potential inability to reenter the U.S. (Correct answer)
- A $500 fine upon return to the U.S.
- Mandatory interview with CBP upon return
Correct answer: Abandonment of asylee status and potential inability to reenter the U.S.
Traveling without a Refugee Travel Document, especially to the country of claimed persecution, may be deemed an abandonment of asylum status and result in denial of re-entry.
Question 6: What is the 'reasonable possibility' standard relevant to in the context of asylum adjudication?
- The threshold for granting credible fear in expedited removal interviews
- The standard applied by asylum officers when evaluating whether an applicant faces a well-founded fear of persecution (Correct answer)
- The evidentiary bar for corroborating country conditions evidence
- The threshold for issuing a Notice to Appear in removal proceedings
Correct answer: The standard applied by asylum officers when evaluating whether an applicant faces a well-founded fear of persecution
A 'well-founded fear' of persecution is established if there is a 10% or 'reasonable possibility' the applicant would be persecuted — a relatively low objective threshold.
Question 7: Which form must a refugee or asylee file to obtain permission to travel internationally while maintaining their status?
- Form I-131A
- Form I-131 (Refugee Travel Document) (Correct answer)
- Form I-512L (Advance Parole)
- Form DS-232 (Travel Document Request)
Correct answer: Form I-131 (Refugee Travel Document)
Refugees and asylees must file Form I-131 to obtain a Refugee Travel Document, which serves as their travel document for international travel.
IFS Asylum & Refugee Processing 5
A client received asylum five years ago but then briefly joined an organization that USCIS now considers to have provided material support to a terrorist group.
What is the most serious immigration consequence?