Persons suffering mistreatment in their home country can seek solace in the US. Foreigners have this right under the US immigration law. The U.S. Citizenship and Immigration Services (USCIS) handles asylum applications. The USCIS gets so many asylum applications every year.
Asylum applicants must establish that they are subject to persecution. This persecution must be in their home country. But the USCIS doesn’t approve all these applications. In fact, the USCIS rejects a lot of asylum applications. It is very disappointing to receive a notice of denial from the USCIS for an asylum application.
There are several reasons that could lead to asylum denial in the US. It is crucial to identify the common reasons for asylum denial. This will help you avoid such disappointment. The aim of this post is to clarify some factors that may result in asylum denial in the US.
Bars to Asylum Applications
The initial factor to consider in asylum denial is the bars to asylum applications. This will lead to asylum denial. There are two categories of asylum bars under the US immigration law. These are eligibility bars and application bars.
The eligibility bars affect a foreigner’s eligibility for asylum application. The application bars affect an eligible foreigner’s application for asylum.
1. Eligibility Bars
The Immigration and Nationality Act (INA), section 208(b)(2)(A), provides for these bars, as follows:
- Involvement in the persecution of others.
- Conviction for a particularly serious crime which poses a risk to the US.
- Serious suspicion of committing a serious non-political crime before arrival in the US.
- The foreigner poses a serious security risk to the US. This belief must be on reasonable grounds.
- Terrorism-related inadmissibility grounds under section 212(a)(3)(B)(i) INA.
Or the foreigner is removable from the US under section 237(a)(4)(B) INA. But the Attorney General can lift the bar under section 212(a)(3)(B)(i) INA. This is where he determines that the foreigner does not pose a security risk to the US. This must be on reasonable grounds.
- The foreigner has relocated to another country before arriving in the US.
These mandatory eligibility bars result in automatic asylum denial. Applicants have a burden. They must establish that they are free from these mandatory eligibility bars.
To do this, you must present clear and convincing evidence. In such a situation, it will be best to hire an asylum attorney in Jamaica, Queens.
2. Application Bars
Provision for these bars is in section 208(a)(2) of the Immigration and Nationality Act (INA). The conditions that bars foreigners from asylum application are:
- Grant of asylum to the applicant in a safe third country with a formal treaty with the US. This safe third country must have a robust asylum system. But, for public interest, this may not be a bar.
- Filing outside one (1) year after arriving in the US. But this is not an absolute bar. Establishing exceptional circumstances for such delay will make this bar inapplicable.
- Previous unsuccessful asylum application(s). Upon establishment of exceptional circumstances, this may not also be a bar.
These exceptional circumstances include health or legal disability or being a TPS holder. The death or severe illness of an immediate relative is also exceptional. Experiencing asylum denial because of any of these application bars? Consult an asylum attorney in Jamaica, Queens to help you establish your exceptional situation.
Other Reasons for Asylum Denial?
You may not be subject to any of the above asylum eligibility and application bars and yet suffer asylum denial. This may leave you wondering why. Not being subject to the bars above or establishing that you are not subject to the bars above is a step in the asylum application process.
There are other reasons that may determine the success of an asylum application or otherwise. These reasons are:
- Not completing the asylum application form (Form I-589) well. This is especially common in cases of applicants applying without an asylum attorney in Jamaica, Queens, and not fluent in English.
- Failure to support an asylum application with the relevant evidence.
It is crucial to establish that applicants are subject to persecution. To do this, applicants must attach the relevant evidence to their asylum application. You do not know what evidence is relevant. Consult an asylum attorney in Jamaica, Queens.
- Failing to attend a scheduled interview and missing deadlines.
- Attending interviews without preparation.
- Your application, evidence, and interview response contain material inconsistencies.
- Applying without consulting or hiring an asylum attorney.
- Hiring an inexperienced asylum attorney.
Aside from the reasons above, there are a lot of reasons for asylum denial. Another reason could be an adverse finding from a background check on the applicant. The USCIS gets this biometric from the biometric appointment with the applicant.
A notice of asylum denial usually states the reasons for such denial. Asylum applications are complex, and understanding the process can be a plus. You do not have to wait to receive a disappointing asylum denial notice before taking the right step.
Get the Needed Help
Are you in need of protection in the US? And you have experienced asylum denial? Or you are unsure of how to proceed with your asylum application? Gehi & Associates can help YOU.
Gehi & Associates is a top US immigration firm. We provide clients with great legal services to meet their immigration needs. Hire the right legal team TODAY, and secure your asylum status in the US.