About half of all asylum applications filed in the United States are denied each year. If your asylum application is denied it can be overwhelming and concerning, but it is important to know that you have options. Reach out to an experienced immigration attorney in NYC for more information and skilled representation.
What is Asylum?
In the United States, asylum grants foreign individuals legal status in the country and protects those who cannot return to their home country due to persecution or a fear of being persecuted. Asylum seekers must be physically present in the U.S. and be able to demonstrate that they were persecuted or are threatened with persecution due to their race, religion, nationality, social group, or political opinion.
What Will Happen if My Asylum Application Is Denied?
Being denied means that you will return to whatever legal status you had or would otherwise have without Asylee status. If you are in the United States legally and with valid status and are deemed ineligible for asylum, you will be sent a Notice of Intent to Deny (NOID).
You have between 16 to 30 days to respond to the Notice of Intent to Deny. Information regarding the deadline will be included in the NOID. Although you may feel defeated, the notice does not mean that you are completely rejected from obtaining asylum. Work with a skilled immigration lawyer if possible to ensure you have the best chance of changing their minds.
Read the Notice of Intent to Deny thoroughly. It will contain information about why they have chosen to deny your application. You may have accidentally submitted false information or the USCIS officer may have identified issues with your application. The notice will outline all issues that must be addressed before you can appeal the decision.
How Should I Respond to the Notice of Intent to Deny?
Once you have received a Notice of Intent to Deny you should immediately begin forming your response. Gather and organize further evidence proving your situation and why you qualify for asylum. Address all issues in detail and include a cover letter outlining how you have responded to every line item. Include letters of support and information detailing the new evidence submitted and changes made to your application.
If you receive a rejection letter you can appeal the decision with the help of an attorney. An appeal or response to your second submission could take months or even years.
Should I Hire an Immigration Attorney?
You should hire a skilled immigration attorney when applying for asylum. Immigration law in the United States can be complex and receiving a NOID or rejection letter can be devastating. Your lawyer can help you understand the documents you receive and redo your application as well as file an appeal if you are denied. Work with an experienced attorney to ensure your rights are protected during the process.
