Comprehensive Overview of Immigration Law (COIL) Practice Exam

What type of asylum interview is provided to an asylum seeker not in removal proceedings?

1. Defensive asylum interview

2. Affirmative asylum interview

3. Express asylum interview

4. Emergency asylum interview

The correct answer is: Affirmative asylum interview

An asylum seeker who is not in removal proceedings is eligible for an affirmative asylum interview. This type of interview is part of the process in which individuals proactively apply for asylum by submitting their application to the U.S. Citizenship and Immigration Services (USCIS). During this process, the applicant has the opportunity to present their case and establish that they meet the criteria for asylum based on a well-founded fear of persecution in their home country. In the affirmative asylum process, the applicant typically attends an interview with an asylum officer who evaluates their credibility and the merits of their claim. The other types of interviews mentioned do not apply in this context. Defensive asylum interviews are specifically for individuals who are already in removal proceedings and seek to defend against deportation by claiming eligibility for asylum. The terms "express asylum interview" and "emergency asylum interview" are not recognized formal categories within U.S. immigration law, reflecting the confusion around certain informal practices or expedited processes that may not have a standardized framework like the affirmative or defensive processes do.