What Are My Options if My Asylum Application Is Denied?
You may get your asylum application denied affirmatively through the United States Citizenship and Immigration Services (USCIS) or defensively in immigration court because there is reason to believe that you lack credibility or you are otherwise ineligible for this protected status. However, you must not consider this rejection as the end of your asylum case. Rather, multiple legal pathways get you to stay in the United States. With that being said, please read on to discover your options to earn asylum status even after your application gets denied, and how a seasoned asylum immigration lawyer in Milwaukee, WI, at Sesini Law Group, S.C., can work to ensure every possible avenue is explored.
What happens immediately after my asylum application gets denied?
To provide more context to what was mentioned above, your asylum application may have been denied affirmatively by the USCIS if they believe you lacked lawful status. Constrastingly, your case may have been rejected defensively by an immigration judge during court proceedings. Overall, understanding which type of denial you received may help you prepare for what happens immediately afterwards.
That is, in the former instance, the USCIS may refer you to an immigration judge, where you may present a full case of new evidence, expert witnesses, etc., in official court proceedings. This is to say that you may not get instantly deported from the United States. But in the latter situation, the immigration court may inform you in its written decision that you have 30 days to file a Notice of Appeal with the Board of Immigration Appeals (BIA). Ultimately, a failure to meet this deadline may prompt a court’s final removal orders.
What are my options to stay in the U.S. if my asylum application is denied?
To reiterate, you may be given the option to appeal your asylum application decision with the BIA. But this may only apply if the issue with your application regards errors in credibility findings, misapplication of asylum standards, procedural errors, failure to consider evidence, or other similar legal errors. From here, based on your presented argument, the BIA may affirm, reverse, or send your asylum case back for a new hearing.
If an appeal is impossible or unsuccessful, you may explore other forms of humanitarian protection. Namely, there are withholding of removal or the UN Convention Against Torture (CAT) protections, which are higher standards than asylum and thereby require more extensive layers of proof and legal arguments. Even still, you may find yourself eligible for special immigrant juvenile status (SIJS), or a U, T, or Violence Against Women Act (VAWA) visa.
Last but not least, you may reapply for asylum status with the USCIS. But this should only be done if you have a new basis for your petition, such as if there is a change in circumstances or extraordinary circumstances that prevent you from returning to your home country. Otherwise, this may trigger a fast denial, or even worse, an instantaneous removal order from the United States.
There is no need to wait any longer to hire a competent asylum immigration lawyer in Milwaukee, WI if you are already ready to get on with your immigration case. Reach out to our law firm, Sesini Law Group, S.C., at your earliest possible convenience.
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