What if My Asylum Application Is Denied?

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. If your asylum application is denied in the United States, you may still have legal options depending on how the decision was issued. As such, your case may be referred to immigration court, you may be eligible to file an appeal, or you may have to consider alternative immigration options. Those seeking asylum in Milwaukee and throughout Wisconsin should continue reading to learn why their asylum application would get denied and how an experienced asylum immigration lawyer in Milwaukee, WI, at Sesini Law Group, S.C., can help them figure out their 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. In recent years, asylum backlog cases have exceeded one million pending applications, making accuracy and preparation extremely important in this process.

Under U.S. immigration law, someone seeking asylum must be able to demonstrate that they are unable or unwilling to return to their home country on the grounds of past persecution or a well-founded fear of future persecution. This must be connected to one of the five protected grounds recognized by U.S. asylum law: race, religion, nationality, political opinion, or membership in a particular social group.

Common Reasons Asylum Applications are Denied

• 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

Additional Factors That Can Lead to an Asylum Denial

• The applicant cannot demonstrate persecution based on protected grounds, like race, religion, or membership in a social group
• The asylum officer or judge assigned to the case questioned the credibility of the evidence
• The applicant had firm resettlement in another country prior to entering the United States
• The applicant has certain disqualifying criminal convictions or security concerns
• The application has a prior removal order or immigration violation that impacts their eligibility

What Happens If My Asylum Application Is Denied?

If your asylum application is denied, it’s important to understand that the next steps depend upon how your case was filed and subsequently reviewed:

• If USCIS denies an affirmative asylum application, the case is typically referred to immigration court
• If an immigration judge denies the application, you may be able to file an appeal with the Board of Immigration Appeals within 30 days of the decision
• Some applicants may be eligible for other forms of humanitarian protection

If Your Asylum Case Was Denied by USCIS

If you filed an affirmative asylum application with USCIS, which was subsequently denied, the following may occur:

• USICS may refer your case to an immigration judge for removal proceedings
• You may be granted the opportunity to present your asylum claim again in immigration court
• You may submit additional evidence or documentation to support your claim
• The judge can conduct a full hearing to determine your asylum eligibility

It’s important to understand that an order does not mean you will immediately be deported, but it does begin formal removal proceedings.

If Your Asylum Case Was Denied by an Immigration Judge

If an immigration judge denies your asylum application, the following may occur:

• You may have 30 days to file an appeal with the Board of Immigration Appeals (BIA)
• Your appeal cannot be based on new evidence, but rather on legal or procedural errors in the judge’s decision
• Common appeal arguments include:
  • Misapplication of asylum law
  • Failure to consider relevant evidence and information
  • Improper credibility findings
  • Procedural mistakes during the hearing

After hearing your case, the BIA may affirm the decision, reverse the decision, or send the case back to immigration court for an additional hearing.

Can You Reapply for Asylum After a Denial?

Under certain circumstances, you may be able to submit a new claim for asylum. However, this is generally only an option when new or changed circumstances impact your eligibility.

Situations Where Reapplying May Be Possible

• Conditions in your home country have worsened significantly
• You have new evidence that supports claims of past persecution or future risk
• Extraordinary circumstances prevented you from properly filing in the past
• Your application was initially denied on the grounds of procedural error, though it may now be corrected

If no new circumstances exist, a second application may result in prompt denial, if not additional immigration consequences.

Are There Other Legal Options if Asylum Is Denied?

Even if your asylum application is denied, you may still qualify for other forms of immigration protection, depending on your unique circumstances.

Potential Humanitarian Protections That May Still Be Available

• Withholding of Removal
  • Requires evidence that persecution is more likely than not upon return to your home country
  • Provides deportation protection, but does not provide a path to permanent residency
• Convention Against Torture (CAT) Protection
  • Applies if an applicant would likely face torture at the hands of a government agency or with the consent of the government
  • Prevents deportation to the country where torture is likely

Asylum cases involving those in Wisconsin generally involve hearings before the immigration courts and appeals through the federal system. Because asylum law has strict deadlines and complex requirements, applicants in Milwaukee and throughout Wisconsin generally rely on legal guidance to understand their options.

Contact an Experienced Wisconsin Immigration Attorney Today

If you find yourself at a crossroads regarding your asylum application, please seek the sound advice 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. Contact us today to learn how we can assist you.