According to the INA, which of the following qualifies an individual as a refugee?

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An individual qualifies as a refugee under the Immigration and Nationality Act (INA) primarily through the establishment of past persecution or a well-founded fear of future persecution. This criterion is essential in identifying individuals who are unable or unwilling to return to their home country due to a fear of persecution based on specific protected grounds, such as race, religion, nationality, membership in a particular social group, or political opinion.

The focus on established past persecution or a well-founded fear of persecution ensures that refugee status is granted to individuals who genuinely face threats to their safety and freedom. This understanding is crucial in the asylum process, as it emphasizes the need for protection due to legitimate fears rooted in historical or potential future harm.

In contrast, possession of a valid visa, employment history in the United States, and family ties in the host country do not fulfill the core requirements for refugee status as defined by the INA. These factors may provide benefits or facilitate entry into the United States but do not inherently relate to the refugee definition based on persecution or fear thereof.

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