; or (B) is determined to have committed a gross violation of human rights. (c) Intention To abandon foreign residence The fact that an alien described in this section is or was the beneficiary of an application for refugee status, or is seeking entry to the United States to apply for asylum under section 208 of the Immigration and Nationality Act ( 8 U.S.C. 1158 ), shall not constitute evidence of an intention to abandon a foreign residence for purposes of obtaining or maintaining the status of a nonimmigrant described in section 101(a)(15) of the Immigration and Nationality Act ( 8 U.S.C. 1101(a)(15) ). 5. Refugee and asylum determinations under the Immigration and Nationality Act (a) Persecution on account of political, religious, or cultural expression or association (1) In general In the case of an alien who is within a category of aliens established under this Act, the alien may establish, for purposes of section 3(a)(1) of this Act, that the alien has a well-founded fear of persecution on account of race, religion, nationality, membership in a particular social group, or political opinion by asserting such a fear and asserting a credible basis for concern about the possibility of such persecution. (2) Nationals of the People’s Republic of China For purposes of refugee determinations under this Act in accordance with section 207 of the Immigration and Nationality Act ( 8 U.S.C. 1157 ), a national of the People’s Republic of China whose residency in the Xinjiang Uyghur Autonomous Region, or any other area within the jurisdiction of the People’s Republic of China, as determined by the Secretary of State, is revoked for having submitted to any United States Government agency a nonfrivolous application for refugee status, asylum, or any other immigration benefit under the immigration laws shall be considered to have suffered persecution on account of political opinion. (b) Changed circumstances For purposes of asylum determinations under this Act in accordance with section 208 of the Immigration and Nationality