You may be desperate to obtain refuge in a place outside of your home country or country of current residence. This is why you may, understandably, experience feelings of shock, panic, and distress when you get word that your petition for asylum in the United States was ultimately denied. However, you must keep your head up, so to speak, and not give up on this hope just yet. Please continue reading to learn why your asylum application would get denied and how an experienced asylum immigration lawyer in Milwaukee, WI, at Sesini Law Group, S.C., can help you figure out your next move.
Why would my asylum application get rejected?
You must be very careful with the asylum application (i.e., Form I-589, Application for Asylum and for Withholding of Removal) you submit to the United States Citizenship and Immigration Services (USCIS). This is because the slightest error may immediately prompt its rejection. After all, in 2023, the USCIS had more than one million pending affirmative asylum cases and only completed a little over 52,000. So, without further ado, below are common mistakes you must avoid making with your case:
- You may have failed to qualify for asylum protection in the United States in the first place.
- You may have failed to file your asylum application within one year of entering the United States.
- You may have failed to answer each question within your asylum application clearly and thoroughly.
- You may have failed to supplement your asylum application with the appropriate, required evidence.
- You may have failed to show up to your interview with an asylum officer on time or with an interpreter.
- You may have failed to relay information during your interview that was consistent with your application.
What happens if my asylum application is denied?
Usually, most motions to reopen or reconsider an immigration case are done by filing Form I-290B, Notice of Appeal or Motion, with the appropriate fee. However, petitioning to appeal an asylum decision does not require this form or fee. Rather, you may submit a new Form I-589, Application for Asylum and for Withholding of Removal. With this, you should file this new form with the asylum office with jurisdiction over your place of residence rather than directly with the USCIS. You should also include a letter explaining how your previous asylum application was denied.
Importantly, you must appeal an asylum decision within 30 days of receiving a decision from the USCIS. Or, 33 days if you received your decision via mail. If you miss this deadline, you must be able to demonstrate how this delay was beyond your reasonable control.
If you find yourself at a crossroads, please seek the sound advisement of one of the skilled Wisconsin immigration attorneys. Someone at Sesini Law Group, S.C. will stand by your side at a moment’s notice.