Asylum grants applicants legal protections, allowing them to remain in the United States if they can demonstrate that they’ve been persecuted or are at risk of persecution based on their race, religion, nationality, social group or political opinion. But many asylum applications are denied for a variety of reasons. When that happens, you or your loved one might fear deportation and the risk of physical harm upon return to your or your loved one’s home country. Fortunately, the initial denial may not be the end of the road for your or your loved one’s application.
Once your asylum claim is denied, you’ll have to go through removal proceedings. Here, you can once again argue that you should be granted protection. If an immigration law judge disagrees, then you have the ability to appeal your case to the Board of Immigration Appeals. If you’re unsuccessful there, then you might be able to appeal further to the federal court system.
How should you prepare for your appeal?
First, you need to understand the reason for the denial of your application. Then, you should secure affidavits from those who can attest to the persecution you faced or are likely to face upon return to your home country. You’ll also be in a stronger position to win your appeal if you can show that there was a procedural error that led to your claim denial. New evidence that wasn’t available at the time of your initial application can also be presented. Just make sure you understand the legal standard in play so that you can present your case in a way that speaks to it.
Do you have lingering questions about the asylum process?
If so, you can’t afford to wait to find answers. You should act now to develop the legal strategy that best protects your or your loved one’s interests. We hope our website serves as a good starting point, but don’t be afraid to reach out for additional guidance if you deem it warranted to do so.
