Asylum claims offer some people the chance to legally immigrate to the United States and escape persecution because of their race, nationality, religion, political opinion, or group membership. If you are going through this process, you may wonder, “What happens if your asylum is denied?” You may have the option to appeal the denial or request a different status change instead.
For years, the attorneys at Getachew & Ansari Immigration Attorneys, P.C. have provided timely legal support to those going through the asylum process. We understand the concerns you may have about requesting asylum, and we have the tools to help you find solutions to your immigration needs.
Understanding the Asylum Denial Process
The United States immigration laws allow someone to request asylum if they are trying to escape persecution because of their race, religion, nationality, political opinion, or membership in a particular social group. The person’s fear of persecution needs to be well-founded and credible. In other words, the person’s reasons should relate to current, observable evidence.
The United States government requires asylum seekers to submit specific forms to request this type of status change. In an affirmative asylum request, the person asks the government for permission to obtain this status. In a defensive process, the person may claim asylum as a defense to removal proceedings or a denied request.
Common Reasons for Asylum Denials
The United States government might deny someone’s asylum claim for many different reasons.
For example, the government might not think there is enough evidence to support a credible fear of persecution. Evidence that might help support this claim could be threats, acts of violence, and denied requests for police intervention. Without evidence that the person’s fear of persecution is credible and reasonable, United States officials may deny the person’s asylum claim.
Additionally, the government may think the person does not qualify for asylum because of the person’s criminal history. The government may believe that the reasons for requesting asylum are unrelated to the person’s race, religion, nationality, political opinion, or social group membership.
What Happens if Your Asylum Is Denied?
If the United States government denies the asylum request, what happens next depends on what stage of the process the person is in. If it is the first denial, and they are in the affirmative asylum process, they may receive a notice to appear in a hearing. An immigration law judge may review the person’s claim and decide whether to accept or deny the request.
If the judge rejects the person’s asylum request, the judge may see if the person qualifies for a different type of status change. If they do, the person may proceed with requesting this status. If they do not, the judge may recommend that the government remove the person from the United States.
Immediate Steps After Receiving a Denial
After the government denies the person’s asylum claim, the person should carefully review the paperwork they receive about the denial.
The court order or official letters may give the person instructions for filing an appeal or attending additional hearings.
For example, one of the documents may be a notice to appear, where the person would have to attend a hearing in front of an immigration judge. The judge will take a fresh look at the asylum application and request additional information if they think they need more details to help them decide. Or the person may need to file a new application for a different type of status change.
Options for Appealing the Denial
If the government denies the first request for asylum, the person may be able to have an immigration judge look at the case and decide what they think is appropriate. If this leads to another denial, the person may qualify to file an appeal with the Board of Immigration Appeals.
In this process, a panel of judges would look at documents the person submitted in the application process. Based on these records, including interview notes from United States agents, the panel will reject or accept the person’s claim.
Applying for Other Forms of Relief
If the United States government denies your asylum application, one option is to request a different immigration status to help you remain in the USA legally. You may also ask for a stay of the removal proceedings, if applicable, which allows you to remain in the United States for a specific amount of time. This way, you may get permission to be in the United States while you regroup and decide what your other options might be.
How To Strengthen Your Case for Reapplication After Asylum Is Denied
You can strengthen your reapplication case by first reviewing why the government denied your asylum request. For example, they may not think you have a credible fear of persecution. In that case, you may do additional research to find more evidence to support this.
One option is to get a special psychological evaluation for immigration. The therapist can talk to you about your concerns and do their independent research. They can then create a report about whether they think you have a credible fear of getting hurt or experiencing persecution if you have to go back to your country of origin.
Contact an Experienced Asylum Lawyer at Getachew & Ansari Immigration Attorneys, P.C.
Many asylum-seekers want to know, “What happens if your asylum is denied?” If the government rejects someone’s request for asylum, the person may be able to transition to a defensive asylum request. Another option is to appeal the decision with the Board of Immigration Appeals or an immigration law judge. Or the person may qualify to file a claim for a different type of immigration status that may fit their situation better.
Getachew & Ansari Immigration Attorneys, P.C. focuses its entire practice on helping people through various stages of the immigration process. We understand how confusing and frustrating it can be for immigrants to go through the complex process of immigrating to the United States.
Our attorney, Medya Ansari, has personal experience with the immigration process and what can go wrong and cause families distress.
Because her family struggled with immigration, she chose to devote her entire career to helping those who want to immigrate to the United States.
Schedule a consultation with Medya by calling 408-292-7995.
