Asylum isn’t guaranteed anywhere, including the US. While a seasoned immigration lawyer in the US can increase your odds, asylum applications can be rejected. The US focuses on many things ranging from the type and extent of persecution to the special needs of an applicant. Interviews are also conducted to assess the accuracy of the information provided.
If your asylum application is denied, you will probably be deported.
However, there is a process that is followed. For instance, if an application is denied, you will be taken through a removal proceeding that will require you to stand before an immigration court.
You have a right to ask the immigration judge to grant you asylum again as part of the removal proceedings. If the immigration judge refuses, you can go through an appeal process handled by the highest immigration court in the US – the BIA (Board of Immigration Appeals).
The BIA can deny your request. At this point, you can move to federal court to appeal the BIA’s decision. If the federal court still denies you asylum, you will be deported, especially if you didn’t appeal the immigration judge’s decision promptly.
If you want to seek asylum successfully in the US and live in Austin TX, or any other state, the importance of having a seasoned immigration attorney can’t be overemphasized. Your odds of successfully seeking asylum on your own are very low, especially when your application keeps being rejected.
Board of Immigration Appeals
The BIA is responsible for interpreting immigration laws in America. The administrative body has the power to authorize immigration judges to take certain actions. The BIA doesn’t engage in courtroom proceedings. The body decides appeals by doing a special assessment of cases (paper review). However, there are some exceptions that many force the BIA into hearing oral arguments in appealed cases. Asylum seekers who have been denied asylum have a chance to convince the BIA to grant them asylum. However, they need expert immigration law experts.
The BIA’s nationwide jurisdiction makes it possible for the body to deal with appeals from every corner of the US regardless of state laws. The BIA can make decisions on a wide range of proceedings involving aliens, citizens and/or business entities vs. the US government.
Most importantly, BIA decisions must be respected by immigration judges, DHS officers, and other authoritative parties unless they are overruled by the AG or federal courts.
Most asylum seekers who manage to take their cases to the BIA either get orders of relief from removal or orders of removal. The BIA also handles petitions by aliens wishing for their alien relatives to be given preference immigrant visas. Other petitions include contesting fines imposed on carriers for violating immigration laws and motions for reconsidering decisions.
Since the BIA is an independent body, it is free of influence from other parties when hearing appeals by asylum seekers among other parties. BIA decisions are designated for publication and printing in special bound volumes.
Can I Be Deported Before Asylum is Denied?
NO! Asylum seekers have automatic authorization to stay in America while their asylum application decision is awaiting an immigration judge’s decision or the BIA’s final judgement. In such a case, you won’t need additional paperwork to stop deportation.
However, after the BIA has made a final verdict by denying your appeal, you lose automatic authorization to stay in the US and could be subjected to deportation immediately if you don’t move to federal court to contest the BIA’s decision.
Generally, you have 30 days to appeal the BIA’s decision (petition for review) decided by the Court of Appeal. However, you can be deported from America during the 30 day period. The importance of filing a petition immediately can’t, therefore, be overemphasized.
You need a good immigration lawyer to appeal before being subjected to deportation. The lawyer will secure an order stopping deportation before a final decision is made.
After filing a petition, the court can still deport you unless you secure a stay of removal order. However, an order barring your deportation may not be ideal since it can have a negative impact. For instance, it can prompt a warrant of arrest. If you work with a seasoned immigration lawyer in Austin TX, or any other state you wish to live in, he/she should advise you accordingly on when you need to file your stay of removal order.
Consideration When Issuing Stay of Removal Requests
The court considers many factors, such as if the government is opposed to your request and your likelihood of successfully getting asylum. Other considerations include your hardships if you don’t get asylum and if the public will suffer from your remained presence in America as your appeal is being decided.
What is the Process of Appealing When Your Asylum is Denied?
Appeals are filed as per special rules in Chapter 3.1. A notice of appeal must be completed and executed (Form EOIR26) in a timely fashion with the BIA. The deadlines for appeal are clearly stated in Chapter 4.5.
A Notice of Appeal is enough for every alien seeking to appeal an immigration judge’s decision. Unless an appeal is about consolidated proceedings which are governed in Chapter 4.10, the appeal form must be completed accurately and fully with Alien reg. numbers of all persons included in an appeal present on the form.
Some of the important information required include the date an immigration judge made a decision, and they type of immigration proceeding in question (i.e., a deportation, removal, asylum, exclusion, etc.)
Should You Talk to an Immigration Attorney When Your Asylum Application is Denied?
Absolutely! In fact, you should have a lawyer guiding you from the start. Asylum applications can be rejected because of small procedural errors. A seasoned immigration lawyer understands immigration law, asylum applications, related court processes, and every other process that determines asylum.
You don’t need money to be advised on your asylum application. Just talk to an immigration lawyer. Attorney-client privilege protects conversations between asylum seekers and attorneys, so you shouldn’t worry about getting into trouble!