IFS Asylum & Refugee Processing 5

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?

Accepted Answer

Termination of asylum status and potential bar from any immigration relief

Answer

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?

Accepted Answer

Applications must be filed within one year of arrival; exceptions exist for changed or extraordinary circumstances

Answer

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?

Accepted Answer

Not return individuals to a country where they face persecution or torture

Answer

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?

Accepted Answer

The asylum applicant bears the burden to establish eligibility by a preponderance of the evidence

Answer

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?

Accepted Answer

Abandonment of asylee status and potential inability to reenter the U.S.

Answer

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.

(IFS) Immigration Forms Specialist Certified Practice Test

(IFS) Immigration Forms Specialist Certified Practice Test

IFS Asylum & Refugee Processing 5