People who come to the United States seeking asylum(Political Asylum Attorney) have put their trust in the federal government. This government has a favorable outlook on their situation. Unfortunately, many asylum applications are denied. When this happens, a large number of individuals abandon their efforts to gain legal entry into the United States.
They either stay illegally or leave the country. Since 2017, the U.S. has been the world’s most popular destination for asylum-seekers, according to U.N. figures.
If your asylum application in the United States is denied, you will face challenges ahead of you. The good news is that if you take the correct steps, you will not face instant deportation. If you do not already have a work permit, you may not be able to get one until you receive asylum.
If your asylum application is denied, a political asylum attorney can help. They can provide advice on steps to take in the legal process. These steps may work in your favor. Understand the consequences of a denied asylum request.
This knowledge could be the key to staying in the U.S. and achieving legal status. The government may deny your asylum application. If this happens, deportation processes will start. You can appeal the decision and continue trying to get asylum.
Taking the right steps after a denial can help improve your chances of being granted asylum. So, what happens if your asylum application is denied?
The good news is that you have many options for appeal; continue reading this blog to learn more about them.
What Happens If Your Asylum (Political Asylum Attorney) Request Is Denied?
The United States government will investigate your request for asylum. They will assess whether your fears of returning to your home country are indeed genuine. It can be hard to prove that your grounds for persecution are genuine most times. After a USCIS officer denies your interview, you must present your case to a judge in immigration court.
The judge will review your case and determine if you qualify for asylum. If this leads to another denial, you can start the appeals process. A political asylum attorney can be of great help in filing an appeal with the Board of Immigration Appeals for a closed immigration case.
However, when the Immigration Court denies your application, you will only have 30 days to file this appeal. Be aware of the conditions for applying for asylum in the United States. This will make the process easier to navigate. This way, you may be able to avoid a denial from the USCIS officer or judge.
Appealing an Asylum Denial
After looking at your case, the immigration judge may decide to deny your asylum request, in which case you can appeal the decision through the administrative appeals process.
Appealing to the Board of Immigration Appeals
You must first file an appeal with the Board of Immigration Appeals (BIA). This process will include a review of the record and the documents you sent in at the time.
Given the results of this review, the BIA will decide whether the judge made the right or wrong decision. It can be hard to show that a judge made an, especially if you can’t add new evidence during the BIA review.
The appeal process can take a year or more before BIA approves or denies it.
Filing a Legal Brief
Your asylum attorney will write a document to support your case about 2 months after the Board of Immigration Appeals (BIA) receives your appeal paperwork. They will file a brief within 21 days outlining why the immigration judge made an incorrect decision.
The BIA’s decision-making process can last up to 12 months once an application is submitted. Get help from a lawyer who specializes in political asylum. They can help you increase your chances of winning an appeal.
Federal Court Appeals
If, after a year, you find that the BIA has denied your asylum appeal, you are not out of options. You have the option of taking your case to federal court if that is what you want. To do this, your appeals attorney will file an appeal with the Federal Circuit Court of Appeals in your area.
This might work in your favor in some cases. If the Appeals Court believes you had an immigration judge who often denied asylum requests, they may decide to look into your case more closely.
Supreme Court Appeals
If the Circuit Court of Appeals denies your asylum appeal, you can ask the Supreme Court to review the case. If you do not pursue this option, you will have to leave the United States. As a result, think about it carefully before giving up your asylum claim.
Getting Legal Help
If your asylum application is denied, you should get help from a lawyer who specializes in asylum cases. They can help you understand why your application was denied and how to appeal the decision.
Contact our political asylum attorneys for a Free consultation right away!