News & Insights

1. Common Reasons for Asylum Denials

• Insufficient Evidence: Failing to provide adequate documentation or evidence to support claims of persecution.
• Inconsistent Testimony: Discrepancies in the applicant’s statements during interviews or between written documents and oral testimony.
• Failure to Demonstrate Persecution: Not clearly explaining how past or feared persecution is connected to one of the protected grounds (race, religion, nationality, political opinion, or membership in a particular social group).
• Lack of Credibility: If the asylum officer or immigration judge believes the applicant is not being truthful or consistent.
• Not Meeting Legal Requirements: The claim must prove the applicant cannot safely return to their home country and that the persecution is severe enough to qualify under U.S. asylum law.

2. Lessons Learned from Denials

• Be Proactive During the Interview:
  • Applicants should provide detailed and relevant information about their persecution, even if the interviewer does not specifically ask.
  • It is crucial to explain why asylum is warranted, as some interviewers may not ask questions that lead directly to key facts.
• Prepare with Your Translator:
  • Ensure that the interpreter understands your story fully and can accurately convey your testimony.
  • Misinterpretations or language barriers can lead to confusion and weaken your case.
• Focus on Protected Grounds:
  • Make sure your story ties the persecution to a protected ground (e.g., political opinion or social group) recognized under asylum law.
  • Highlight specific examples of harm or threats you faced or fear, as general discrimination may not be enough.
• Provide Strong Evidence:
  • If you lack physical evidence, corroborating statements from witnesses, country condition reports, and expert affidavits can strengthen your case.
• Dress and Present Appropriately:
  • While it’s important to make a professional appearance, ensure the adjudicator understands any conditions or challenges (e.g., disabilities) that may not be visible.

3. Case Example: Lessons from a Denial

In one case, an applicant with a disability from polio was denied because he did not adequately explain how disabled individuals were mistreated in his country. The interviewer failed to ask detailed questions about his experiences, and the applicant did not volunteer this critical information.

To address this in the future:

• The applicant should clearly explain their personal story and persecution, even if not directly prompted.
• Interpreters and legal representatives should be well-prepared to highlight key aspects of the case.

4. How to Avoid Denials

• Work Closely with an Attorney: A skilled immigration attorney can help identify gaps in your case, organize evidence, and ensure your story meets legal standards.
• Practice for the Interview: Rehearse your testimony with your attorney or advocate to ensure clarity and consistency.
• Gather Supporting Documentation: Include any police reports, medical records, photos, news articles, and human rights reports that corroborate your claim.
• Monitor Your Credibility: Avoid contradictions in your statements and provide clear, truthful responses during the interview.