Some people think of asylum as a way to legally remain in the United States. But for many, it’s truly a life-saving way to escape persecution.
So what happens when an asylum claim is denied? Here are some reasons a claim may be denied and what asylum seekers can do—including the appeal process and alternative forms of relief.
Why Asylum Claims May Be Denied
There are many reasons an asylum claim could be denied. A person must apply for asylum within one year of entering the United States. In many cases, missing this one-year deadline is the sole reason an asylum claim is denied. The person simply waited too long to ask for asylum.
Asylum claims can also be denied for other reasons, including paperwork errors and other mistakes. And finally, your claim will be denied if the U.S. government believes that you:
- Have a criminal history.
- Assisted terrorists or rebels in any way.
- Have previously resettled to another country.
What To Do After an Asylum Claim Denial
If your asylum claim is denied by the U.S. Citizen and Immigration Services (USCIS), you may be able to file an appeal or a motion.
Appeals: An appeal asks another authority to look at your asylum request.
Your denial notice will tell you whether the denial can be appealed and where you can appeal it. Depending on your case, you’ll file the appeal to one of two places:
- The USCIS Administrative Appeals Office (AAO).
- The Board of Immigration Appeals (BIA), an office within the Department of Justice.
The appeal asks the AAO or BIA to review the decision and reopen it or reconsider it.
When you file an appeal to the AAO, the USCIS office that denied your asylum claim will first review the appeal. This is called an “initial field review.” The USCIS office may treat the appeal as a motion to reopen or a motion to reconsider. They may also forward the appeal to the AAO to issue a new decision.
Motions: A motion asks the office that denied your claim to look at it again based on new facts.
Whether or not your case is eligible for appeal, you may file a motion with the USCIS office that issued the unfavorable decision. There are some exceptions, which you can discuss with your immigration lawyer. Usually, though, you can file a motion to reopen your case or a motion to have the USCIS reconsider it.
If You Decide Not to Appeal Your Asylum Claim
Of course, you also have the option to accept that your asylum claim was denied. If you do, many things could happen depending on the nature of your case. You may remain in the U.S. for as long as your immigration status permits. You may also decide to pursue other immigration benefits instead, like a green card.
Denied Asylum? Get a Lawyer’s Help.
It’s critical to talk with an immigration attorney as soon as possible after an asylum claim denial. They can help you understand the best course of action. Call Mark E. Jacobs at 972-445-7577 or contact him online.
