After an individual applies for asylum in the United States, there are five possible decisions that the government can choose from. The first is an approval of the application, which means that the individual is allowed to stay in the country on a legal basis for an indefinite period of time. It is also possible that the application will be given a conditional approval pending the results of a background check and other outstanding information.
The application could also be denied or an individual could be told of an intent to deny the application. A person who is told of an intent to deny the application has 16 days to rebut the claim and submit new evidence to help gain approval. If the applicant does not replay or offer reasons to overturn a preliminary decision, the application will be denied.
After an application has been denied, there is no way to appeal the denial. In cases when the government cannot decide whether to approve or deny an application, it will be sent to an immigration judge for further review. The judge will make a decisions based on his or her own findings in the case separate from any referrals or recommendations made by USICS.
Those who are seeking asylum in America may wish to speak to an immigration attorney as soon as possible. Seeking legal counsel may increase the odds of gaining approval to stay in the country. Legal counsel may also act as a liaison between the applicant and the government, which may prove effective for those who do not speak English. It may also be helpful as questions about an applicant’s background or an application itself may be answered in a more timely manner with an attorney involved.
Source: FindLaw, “Types of Asylum Decisions”, accessed on Feb. 11, 2015
