What To Do If Your Asylum Application Is Denied

In this article, you can discover…

• How an asylum application denial can be appealed.
• What the appeals process looks like at each step.
• Whether you can remain in the U.S. while your appeal is processed.

Is It Possible To Appeal A Denied Asylum Application?

It is possible to appeal a denied asylum application. However, the process depends on the circumstances of the denial. If an asylum officer denies the application during the affirmative asylum process, the case is typically referred to an immigration judge for a second chance to present evidence and arguments. Here, the applicant transitions to a defensive asylum process.

In this scenario, the applicant defends their right to remain in the United States before an immigration judge. Essentially, this step occurs as part of deportation proceedings, and the judge decides whether to grant asylum or proceed with removal. If the immigration judge denies the application, the decision can be appealed to the Board of Immigration Appeals (BIA).

If the BIA denies the appeal, further recourse may involve filing a petition with a federal appellate court. Each step requires a careful legal strategy to address the reasons for the denial and strengthen the case.

Common reasons for denial include:

• Returning to the country of claimed persecution.
• Inconsistencies in the applicant’s testimony.

While some discrepancies might stem from trauma or PTSD, these can be perceived as credibility issues. Proper preparation and documentation are vital to address such concerns.

Each stage of the process involves specific legal procedures and deadlines, making experienced legal representation truly essential to navigating and strengthening the case.

What Does The Appeals Process Look Like?

If your asylum application is denied, the case typically transitions to immigration court, where you can appeal by presenting your case to an immigration judge. This is part of the defensive asylum process, which occurs during deportation proceedings.

At this stage, you may also seek protection under alternative options like the Convention Against Torture (CAT) or withholding of removal, if applicable. These protections are evaluated alongside asylum to determine whether you can remain in the United States.

Alicia Khoo, founder of The Law & ADR Offices of Alicia Khoo located in the United States, is a dedicated advocate for ethical immigration practices. With years of experience assisting clients fearing denial of their asylum application, she ensures every single one of her clients receives guidance from qualified, licensed professionals. Alicia’s commitment to her clients’ rights and safety has helped her clients navigate the asylum process with clarity, peace of mind, and success.

If you have concerns about your immigration case or want to verify your legal representation, contact Alicia for trusted advice today.

Call For Evaluation - (714) 276-1235

Can I Remain In The U.S. While The Appeal Is Pending?

You can generally remain in the U.S. while your asylum appeal is pending. Once the case transitions to immigration court after an asylum denial, you are allowed to stay in the country until the immigration judge renders a decision. This period provides you with the opportunity to present more evidence, prepare a defense, or explore other relief options, such as withholding of removal or protection under the Convention Against Torture (CAT).

Can You Share A Case Where An Asylum Application Was Initially Denied And How You Helped The Client Through The Appeals Process?

I’ve been fortunate in my practice that my clients’ affirmative asylum applications have been approved because I am focused on affirmative asylum approvals. When there are cases of potential clients needing defensive asylum or facing deportation, I refer them to colleagues who primarily focus on defensive asylum and deportation issues. Sometimes there are clients that come to me after they had someone else prepare their first filing, and it was not prepared properly, in those cases complications can arise and that’s when we refer them to attorneys who will represent them in immigration court for defensive asylum.

My focus is on affirmative asylum, where applications are submitted proactively rather than in the context of removal proceedings. I’ll work hard to ensure your application is as strong as possible, with detailed, credible testimony and all necessary supporting evidence. This preparation plays a significant role in avoiding denials.

If a case is denied, it usually transitions to immigration court, where a specialist in defensive asylum takes over. These attorneys focus on representing clients in court, arguing before a judge to either secure asylum or seek alternative forms of protection like withholding of removal or relief under the Convention Against Torture. I always make sure to connect clients with the best resources and professionals to guide them through this more complex stage of the process.

Still Have Questions? Ready To Get Started?

For more information on What To Do If Your Asylum Application Is Denied, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling (714) 276-1235 today.