What Happens If Your Asylum Interview or Application Is Denied?
What happens if my asylum application is denied after the final interview? Will I need to leave the U.S., and is there a risk of detention or deportation?
Expert Answer:
If your asylum application is denied after the final interview, what happens next depends on your specific immigration status, the agency handling your case, and whether you are referred to Immigration Court.
1. Denial Without Referral to Immigration Court (Affirmative Asylum Cases)
If you applied for asylum affirmatively (not through the court system) and you are not in unlawful status, the asylum officer will issue a denial notice.
- In this case, you may remain in the U.S. as long as your current visa or status allows.
2. Referral to Immigration Court
If the asylum officer denies your application and you do not have lawful status, your case will typically be referred to Immigration Court.
- In Immigration Court, you will have another opportunity to present your case for asylum before an Immigration Judge.
- During this process, you cannot be deported until the judge makes a final decision.
3. Risk of Detention
If you are already in removal proceedings or do not comply with immigration laws, there is a possibility of being detained by Immigration and Customs Enforcement (ICE).
- Detention often depends on individual circumstances, such as whether the person is considered a flight risk or poses a danger to the community.
4. If the Judge Denies Your Case
If the Immigration Judge denies your asylum case, you will receive a removal order.
- You have the right to appeal this decision to the Board of Immigration Appeals (BIA) within 30 days.
- While the appeal is pending, deportation is usually paused.
5. Voluntary Departure Option
In some cases, you may request “voluntary departure,” which allows you to leave the U.S. on your own terms without a formal deportation order.
- This option may make it easier for you to return to the U.S. in the future if you qualify for legal immigration.
Important Notes
If you fear deportation because of dangers in your home country, you may still qualify for other forms of relief, such as:
- Withholding of Removal: A higher legal standard but may prevent deportation.
- Protection under the Convention Against Torture (CAT): If returning to your home country means facing torture.
It is important to consult with an experienced immigration attorney to explore your rights, appeal options, and alternative legal protections.
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