Each year, thousands of foregin nationals arrive at the border seeking asylum as they face persecution in their home country. If this reflects your circumstances, it’s important to understand what you can do if your asylum application is denied. Please continue reading to learn how to appeal this decision and why connecting with a seasoned Middlesex County, New Jersey Asylum Lawyer is in your best interest.
What is Asylum?
In the United States, asylum is a form of protection that allows indivduals to remain in the country without the fear of deportation. Essentially, it’s a protection for those unwilling to return to their home country due to past persecution or a well-founded fear of being persecuted in the future because of their race, religion, nationality, membership in a particular social group, or political opinion. It’s important to understand that asylum is technically considered a “discretionary” status. This means that some foreign nationals can be denied asylum even if they meet the definition of a refugee.
The asylum process is complex. Unfortunately, there are numerous reasons your asylum application may be denied. In most cases, asylum seekers face denial due to an improper or incomplete application, a missed appointment, or inconsistencies in their or their witnesses’ stories. Keep in mind that those who have been previously accused of persecuting others or have a criminal background will face an automatic denial of their case.
What Are My Legal Options if My Asylum Application is Denied?
After all the effort and patience you have poured through your asylum application, having your petition denied can be disheartening and frustrating. However, it’s crucial to consider your legal options as there may be alternatives that allow you to remain in the country. The first action you should take is to enlist the help of an experienced attorney who can help you navigate each phase of this complex process to maximize your chances of achieving a favorable outcome. It’s important to understand that you can be deported if you are currently in the U.S. and your application is denied. As such, you must exhaust all legal options to ensure your safety.
When your application is denied, you will face the removal process. You will need to appeal the decision by petitioning the Board of Immigration Appeals (BIA) within 30 days of the decision date. If the BIA denies your appeal, your order of removal will become final. However, you can still appeal to a higher court and ask that the final order of removal be put on hold while you appeal the decision. Nevertheless, if your appeal is not successful and you are issued a final removal order, you may still be able to apply for survivor-based immigration relief.
At the Law Offices of Aditya Surti, LLC, we are prepared to assist you through the asylum application process to mitigate the risk of errors that could negatively impact your petition. If your application has been rejected, our dedicated legal team can help you appeal the decision. Connect with our firm today to learn how we can fight for you.
