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Understanding The Basis For Asylum Denials And How To Address Them

Understanding The Basis For Asylum Denials And How To Address Them

The US has always been really nice to people who need help and support, especially for asylum(Asylum Denials) seekers. That does not mean your case will go through without a hitch. There are a lot of cases where the USCIS rejects asylum claims. Almost half of the asylum claims filed get rejected.

This is because it can be hard to convince the US government that you are telling the truth, not lying and that you qualify for asylum. This is why it is a good idea to seek the help of an asylum attorney in Queens to apply for asylum. If the USCIS rejects your asylum claim, you have a long way to go.

The US government could ask you to leave the US. Luckily, if you do the right thing, you will not have to worry about the US government sending you out of the US right away. The downside is if you do not have a work permit yet, you cannot apply for one until you get asylum.

Refusals can really be a bummer. You have put a lot of effort and time into your asylum claim, so it would really suck if the USCIS denied your asylum claim. If you face denial of your asylum claim, knowing how to proceed after that could mean the difference between staying in the US or not.

Upon rejecting your claim, the government will most likely start the process of removing you from the US. Knowing how to proceed after a denial gives you a better shot at asylum. Talking with an asylum attorney in Queens at this point is a good idea.

Here are some of the vital steps you can take to remain in the US after the rejection of your asylum claim.

What Next If I Do Not Get Asylum Approval?

When you apply for asylum in the US, the government will check if your fear of returning to your home country is real. It can be tough to prove that your fear is real, and you might not qualify for asylum for some reason. An asylum attorney in Queens can help you know these reasons so that you can avoid them.

After you talk to the USCIS and they reject your asylum claim, you will need to go to the immigration court. In the court, the judge will look at your case and decide if you can get asylum. But if you get another rejection, you can start the appeals process.

Knowing what you need to do to get asylum in the US can help you avoid the USCIS or judge rejecting your asylum claim. Talking with an asylum attorney in Queens before you begin the asylum process is a good way to go.

The Appeal Process

Once the immigration judge rules on your asylum request and turns it down, you will need to go through the administrative appeal process. First, you will have to go through the appeals process with the Board of Immigration Appeals (BIA).

They will look at your record and the paperwork you submitted before the immigration judge and then decide if the judge made the right or wrong decision. It can be hard to prove that the judge made the wrong decision, especially since you cannot bring in any new evidence during their review.

Plus, the BIA can take up to a year or more to decide whether to approve or deny your appeal. Getting help from an asylum attorney in Queens during this appeal will make it a lot easier. If the BIA rejects your asylum appeal, you can continue the appeals process.

Your next step is to go to the US Circuit Court of Appeals in the area where you live and file an appeal. Here, you will need to write a brief that explains why the judge made a mistake or used too much power. If the court requests an oral argument, you will have to go to court and face a panel.

You will not have to show up again, and the court will allow your witnesses to testify. You will need an asylum attorney in Queens to go through this appeal without stress. You will not be able to submit any new evidence. You will probably have to wait a while for the court to decide.

It usually takes three or more years, depending on where you are in the US. The court can either give you asylum or send your case back to an immigration judge and tell them what to do. If the US Circuit Court of Appeals rules against your case, you could take it to the Supreme Court, but it is very strict about which cases it will hear.

At this point, you can file a petition with the Supreme Court. This means your asylum attorney in Queens will have to send a letter to the Supreme Court asking them to hear your case. The Supreme Court is not under obligation to take your case, and they only hear and review a small number of cases every year.

However, they do occasionally take asylum cases, especially if the case involves an important legal issue that could lead to settlement across the US. So, if you have an asylum case and have the money to hire an asylum attorney in Queens to write more briefs and show up for the hearing in Washington D.C., you can take this final step in the appeal process.

Can You Stay in the US During the (Asylum Denials) Appeal Process?

Yes, you will most likely be able to stay in the US while you wait for the appeals to go through, but it can be complicated, especially if your case goes to the US Circuit Court of Appeals.

However, the cost of staying in the US for years while you appeal and the fact that you will probably have to pay for a lawyer can stop many people from going through the appeals process.

Get Help!

No matter how many times you appeal, the only way you are ever going to win an asylum appeal is if you hire a skilled and experienced immigration lawyer.

At Gehi and Associates we dedicate special care and attention to asylum cases because it is sensitive, and we know what is at stake. So, if the USCIS or an immigration judge has denied your asylum(Asylum Denials) claim, we can help you fight it and give you the best possible result.

We work hard to make our clients smile at the end of the most complex asylum cases. You can trust us with your asylum needs. Get in touch with us now!

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