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What are options for asylum seekers if their application is denied?

On Behalf of | Jan 28, 2025 | Asylum |

Asylum seekers in the United States face a challenging and often lengthy process. When an asylum application is denied, it can be a stressful and uncertain time. However, there are still legal options available to pursue in order to remain in the country.

Appeal the decision

If an asylum application is denied, the applicant has the right to appeal the decision. This can be done by filing a request with the Board of Immigration Appeals (BIA). The BIA reviews the case to ensure that the law was applied correctly. If the BIA upholds the denial, the applicant may still have other legal routes to explore.

File a motion to reopen or reconsider

Another option is to file a motion to reopen or reconsider the asylum case. This motion can be filed if the applicant has new evidence or a change in circumstances that could affect the case. This can be a way to provide additional information that was not previously available during the initial application.

Seek other forms of relief

Asylum seekers whose applications are denied may also explore other forms of relief. These include applying for Temporary Protected Status (TPS), Deferred Action for Childhood Arrivals (DACA), or a U visa if they are victims of certain crimes. Each of these programs provides a temporary or long-term path to remain in the U.S. while working on securing legal status.

Voluntary departure or deportation

If all other options are exhausted and there is no path to stay in the U.S., the asylum seeker may be asked to leave voluntarily. Voluntary departure allows the individual to leave without facing the long-term consequences of deportation. If the individual does not leave voluntarily, deportation proceedings will begin.

Exploring all legal avenues after a denial is crucial for asylum seekers who wish to remain in the U.S. Legal counsel can help guide applicants through these complex processes and ensure their rights are protected.

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