A: Yes, you may be able to reapply for asylum if your first application is denied if you meet certain conditions. A few of these conditions can include demonstrating a change in circumstances that affects your asylum eligibility or showing that your permitted stay in the country has not yet expired.
What Happens if My Asylum Application Is Denied? 2025
What Happens if My Asylum Application Is Denied? 2025
Dec 03, 24
Each year, people travel to the United States to seek asylum protection because they have been persecuted, or fear persecution. Immigrants to the US may fear many different types of persecution; persecution based on an individual’s race, religion, political opinions, or nationality. If you apply for asylum in the United States, you may wonder, what happens if my asylum application is denied? At Pollack, Pollack, Isaac & DeCicco, we can answer that question.
You can help increase your chances of still obtaining asylum in the United States by taking the right steps after an application denial.
Facing the Denial of an Asylum Application
It can be a challenge to prove either of these factors, however, and there may be several other reasons your request is denied. These reasons can include:
- Failure to submit your asylum application in a timely manner.
- Failure to provide a reason as to why you filed your application after the given one-year deadline.
- Failure to correctly complete your asylum application.
- Failure to provide sufficient evidence as to why you are seeking asylum in the United States.
- Failure to hire an attorney who can assist you through the asylum application process.
- Failure to prepare for your asylum application interview.
- Missing necessary appointments and deadlines.
- Failure to stay consistent with the information given on your application and the information provided in your interview.
- Failure to qualify.
If you face denial following the submission of your application and your asylum interview with a USCIS officer, you will need to go before an immigration court judge and present your case. In these legal proceedings, the judge assigned to your case can determine whether you qualify for asylum. If this proceeding results in yet another denial, you have the right to begin an official appeals process.
Appeal Asylum Denial
If the immigration court judge denies your case after reviewing your request for asylum, you can appeal this decision by pursuing an administrative appeals process. This process will begin by submitting your official appeal to the Board of Immigration Appeals (BIA). This process will include a review of your application along with certain forms of documentation you have provided throughout the application process.
Based on this review, the BIA has the power to determine whether the judge assigned to the case made the correct decision or was mistaken in their decision to deny your asylum application.
FAQs
Start Your Asylum Denial Appeal With Confidence
Asylum in the United States offers secure protection from persecution or the fear of adverse actions in your home country; however, denials of asylum applications happen every day. Pollack, Pollack, Isaac & DeCicco is one of the oldest immigration law firms in New York City, and we can use our decades of experience to assist clients in appealing an asylum application denial. Start the process today by contacting our offices.
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