What If Your Asylum Application Is Denied?

12 April 2016
 Categories: , Blog

Asylum offers protection from persecution in your home country. If you fear returning home is dangerous, you can make your case to the United States Citizenship and Immigration Services, or USCIS. Unfortunately, some people do not meet the requirements and must return to their home countries. Before applying, it is important to learn what could make you ineligible for help and what you can do. 

Who Is Ineligible?

Immigration laws prohibit certain people from receiving asylum even if they fear persecution in their home countries. For instance, if you are have been convicted of a serious crime, such as murder, you could face a denial of your asylum application. Other situations that could affect your eligibility include:

  • Involvement in terrorism
  • Participating in persecution of others
  • Acting as a government official and helping to facilitate religious persecution

There are other instances in which USCIS might label you as ineligible. When denying your asylum request, a reason for the denial is provided. 

What Can You Do?

In the event that your asylum application is denied, there are a few options available to you to possibly remain in the United States. If you are allowed to remain in the country, you can work, go to school, and start on the pathway to citizenship.

One possible option is to ask for protection under a United Nations Convention Against Torture treaty. The treaty would allow you to remain if you are able to prove that you most likely are in danger of being tortured in your home country. The reason for the torture must be based on race, religion, political opinion, and nationality. 

Another option is to apply for a withholding of your removal. In essence, you are appealing the decision to remove you from the country. You need to convince the judge in your case that it is likely that harm will come to you if returned to your home country.  

You can also apply for a waiver that would put your deportation on hold. The waiver basically states that the situation that rendered you ineligible should not be considered. For instance, if you were denied based on a murder committed in self-defense, you could argue that because it was self-defense, it should not be held against you.  

Depending on the circumstances of your case, there might be other legal options available to fight a deportation after your asylum request is denied. Consult with an immigration attorney (such as David Borts Law Office) immediately to determine which is best for your situation.