When you are faced with threats of violence in your home country due to your race, gender, religion, ethnicity, social membership, or political affiliations, you may flee the country in the hopes of seeking protection in the United States. However, the last thing you may expect is to learn that your asylum application has been denied by the United States Citizenship and Immigration Services. If this is the case, you may wonder what your legal options are. The following blog explores some of the most common reasons for denials, how to appeal, and alternative options. In addition, you’ll learn the importance of working with Virginia immigration lawyers to help you through these difficult times.
What Are Common Reasons an Asylum Application May Be Denied?
Unfortunately, there are a number of reasons that an asylum application may be denied in the United States. One of the most common reasons is that the United States Citizenship and Immigration Services (USCIS), after reviewing your case, determines that your fear of persecution is not adequately supported by the testimony and documentation you’ve provided in your application. This can often be the case in the event that the conditions in your country change and are now deemed “safe” by USCIS.
Another common reason your asylum application may be denied is due to procedural errors. In the event that you fail to file within one year of arriving in the United States, or you miss your interview or hearing dates, your application may be automatically denied.
Finally, if USICS feels as though there are inconsistencies in your application and statements, they may deny your application. Unfortunately, even minor discrepancies like getting the dates of an event wrong can trigger the denial of an asylum application.
Can I Appeal the Decision?
In the event your asylum application is denied, it’s important to understand your legal options. Generally, when you are denied, you will be referred to an immigration judge to begin your removal proceedings. During this time, you can appeal a decision made by the USICS asylum office to the immigration judge. This allows you to provide more clarity, evidence, and testimony to support your case.
Should your application be denied by the immigration judge, you can appeal to the Board of Immigration Appeals (BIA) within 30 days of the decision. However, it is important to understand that the BIA can only hear cases in which the judge made a legal or factual error. They cannot hear or consider new testimony.
Can I Seek Another Form of Protection in the United States?
Depending on the circumstances of your case and the current climate in your home country, you may be able to file a motion to reopen your case or a motion to reconsider in the event the conditions in your home country worsen.
An alternative option is to apply for withholding of removal, which can provide protection from deportation but is much less beneficial than asylum. You may also be eligible for Temporary Protected Status if your country is on the designated list.
When your asylum application is denied, it can feel like all hope is lost. However, at Goel & Anderson, our team will work with you to help you in the fight for the best possible outcome for your circumstances. Contact us today to discuss your options with our firm.
