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When you apply for asylum in the United States, it is generally because returning to your home country would expose you to serious danger. If this type of protection is denied, you may be confused and fearful of what is to come. Understanding your legal rights and options after your asylum application is denied is crucial to protect yourself. Continue reading and consult with a skilled immigration attorney today.
Asylum is a form of legal protection offered to foreign nationals who fear persecution in their home country. When there is a reasonable belief that the individual will face harm if they return to their country, the United States could offer them relief by permitting them to enter the U.S.
To qualify for asylum in the U.S., you must show persecution or a valid fear of persecution based on race, religion, nationality, political opinion, or membership in a social group. If approved, asylum provides various protections, including permission to remain in the U.S., eligibility for work authorization, the ability to apply for a green card after one year, and protection from deportation.
It should be noted that there are two types of asylum: affirmative and defensive. The legal procedures for each vary, so it is important to consult with an immigration lawyer to ensure that you understand the difference.
Asylum can be approved or denied by either a USCIS (United States Citizenship and Immigration Services) officer or an immigration judge. Common reasons for denial include:
These are some of the primary reasons why denials occur. Understanding what to do after a denial is crucial to protecting your future.
If your affirmative asylum application is denied and you are still in lawful status, you will receive a Notice of Intent to Deny (NOID). The letter will outline the reasons why you were rejected, and you will typically have 16 days to respond (plus additional days depending on the submission method). Submit information and evidence addressing the concerns outlined in the NOID. If your response is compelling, the decision could be overturned. However, it is possible that you will get a final denial and be referred to Immigration Court for removal proceedings.
If your defensive asylum application is denied, you can file an appeal with the Board of Immigration Appeals (BIA). Use Form EOIR-26 to appeal the judge’s decision within 30 days, ensuring that all documents are completed and submitted correctly. The BIA will review your case before either upholding the denial, sending the case back to immigration court, or overturning the decision.
Immigration law can be complex, so it is imperative that you consult with an experienced attorney for skilled representation during your case.
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