02 Jan What to Do if Your Asylum Application Is Denied
Asylum is a vital lifeline for individuals fleeing their home countries due to persecution based on race, religion, nationality, political opinion, or membership in a particular social group. For many refugees, applying for asylum is a critical step toward rebuilding their lives in safety. However, not every asylum application is approved. While an asylum denial may feel like the end of the road, there are options available to continue your fight for protection. This guide will outline the steps you can take to appeal the decision and navigate the process effectively.
Steps to Take When Your Asylum Application Is Denied
Are you wondering what happens if asylum is denied? While the decision may not have been the answer you were looking for, it doesn’t mean all hope is lost. After being denied asylum status, you can present your case in front of an immigration judge. If the judge denies your claim once again, you can start the appeals process.
1. Understand Why Your Asylum Was Denied
The first step after receiving an asylum denial is to understand the reason for the decision. Common reasons include:
- Insufficient evidence of persecution or threat.
- Failure to meet the legal definition of a refugee under U.S. immigration law.
- Missed deadlines or procedural errors.
- Inconsistencies in your testimony or supporting documents.
Your denial notice should provide an explanation. Reviewing it carefully with the help of an experienced asylum attorney can clarify whether the denial was due to a lack of evidence, a legal misunderstanding, or another issue.
2. Present Your Case in Immigration Court
After your asylum application is denied through U.S. Citizenship and Immigration Services (USCIS), you will be given a Notice to Appear in immigration court. This will mark the start of the removal proceedings. While it may seem daunting, know that it is another opportunity to present your case and explain why you deserve asylum status.
If the judge denies your asylum request, you have the right to file an appeal with the Board of Immigration Appeals (BIA). This must be done within 30 days of the denial decision.
3. File an Appeal With the Board of Immigration Appeals (BIA)
The BIA is responsible for reviewing decisions made by immigration judges. To appeal, you must:
- Submit Form EOIR-26 (Notice of Appeal) to the BIA.
- Provide a written explanation of the errors you believe the judge made in their decision.
Appealing an immigration decision is a complex process, so it’s crucial to work with an immigration appeals attorney to strengthen your case and ensure all documents are filed correctly.
4. Seek Assistance Through the Federal Court
If the BIA denies your appeal, you may have the option to file a petition for review with the U.S. Court of Appeals. This process involves challenging the denial based on legal errors made during the immigration process. Federal court appeals are highly technical and require the expertise of an appeals attorney.
5. Explore Alternative Immigration Relief
If your asylum application is ultimately denied, you may still be eligible for other forms of immigration relief, such as:
- Withholding of removal.
- Protection under the Convention Against Torture (CAT).
- Family-based immigration options.
- Special visas for victims of crime or human trafficking.
An experienced attorney can review your case and identify alternative pathways to lawful status in the U.S.
6. Stay Informed About Your Legal Status
After an asylum denial, it’s important to remain aware of your legal status in the U.S. Failing to take timely action could result in removal from the country. Work closely with your attorney to ensure compliance with all immigration deadlines and procedures.
Henry & Grogan Is Ready to Fight Your Asylum Denial
An asylum denial does not have to mark the end of your journey. With the right legal support, you can take action to secure the protection you deserve. The immigration attorneys at Henry & Grogan can analyze the reasons for your denial and develop a strategic plan for your appeal, represent you in immigration court and during appeals, and help you gather additional evidence and present a compelling argument. Our compassionate team understands the challenges you face and is committed to providing the representation and support you need.
Contact Henry & Grogan today to schedule a consultation and find out how you can appeal an immigration decision. We’ll help you build a future free from fear.
