Was Your Immigration Application Denied? Let Us Evaluate Your Case

If you have come to the United States seeking asylum, you are pinning your hopes on those in the federal government viewing the circumstances of your case in a favorable light. Unfortunately, for every asylum application that gets approved, many are denied. When this happens, the majority of these people simply give up and either attempt to stay in the U.S. illegally or leave the country. However, if your asylum application has been denied, you do have various steps you can take in the legal process that may ultimately work in your favor. When you need legal immigration help trust turn to Grey Immigration.

Asylum Application in the U.S.

When you submit an asylum application in the U.S. and it is denied, you should not mistakenly assume this means automatic deportation. Though you will not be able to obtain a work permit until you have been granted asylum, do not sit back and do nothing or make mistakes that could lead to immediate deportation. Instead, sit down with a denied asylum attorney in Los Angeles trusts such as David Grey, who will listen to your concerns and work with you to ensure you fully understand how the appeals process will progress.

Referral to Immigration Court

If you submitted an application to the asylum office, had an interview with an asylum officer, and then later had your application denied, it will then be referred to Immigration Court for a hearing before an Immigration Judge. When this occurs, you will be allowed to file new documents, testify on your behalf, and have witnesses also testify. However, the Department of Homeland Security will also have lawyers at the hearing, meaning they can question you and cross-examine your witnesses. 

Denial by Immigration Court

If your asylum claim is denied by an Immigration Judge, you may think this ends the process and deportation is inevitable. However, if you are appealing a closed immigration case, you can work with attorney David Grey to have your case appealed to the Board of Immigration Appeals. However, you will only have 30 days to file this appeal after the Immigration Court denied your claim, so do not procrastinate. Since you are only protected from deportation during that 30-day window, you must act quickly. Otherwise, the Immigration Court’s denial of asylum will turn into an order of removal, meaning federal authorities will then have the right to deport you back to your home country.  

Appealing to the BIA

Should you decide to appeal to the BIA in an effort to be granted asylum, this will probably be done entirely in writing, meaning you will likely not have to appear in person. To begin with, you notify the BIA you are appealing the Immigration Court’s decision, send a copy of the court’s asylum denial, and state that you are represented by legal counsel. Also, you must make sure your paperwork is received by the BIA no later than the 30th calendar day from the date the Immigration Court denied your asylum request. To have a good chance of getting the results you hope for, hire a lawyer for guidance during this process.

Filing a Legal Brief

After about two months have passed since the BIA received your paperwork regarding your appeal, your immigration attorney will be requested to file a legal brief on your behalf. Given 21 days to do this, he or she will send this brief stating various arguments as to why the Immigration Judge made the wrong decision. Once submitted, it may take as long as 12 months for the BIA to issue a decision. Since this may be the best chance you have of winning your appeal, always seek legal immigration help. At Grey Immigration our lawyers have an excellent track record.

Federal Court Appeals

If after waiting a year you find out the BIA denied your asylum appeal, you are not out of options. If you want, you can choose to appeal your case to federal court. To do so, your appeals attorney will make the appeal to the federal Circuit Court of Appeals within your jurisdiction. In some situations, this could work in your favor. If the Appeals Court feels you had an Immigration Judge who routinely denies asylum requests, they may choose to take a much closer look at your case. However, since these appeals can be very time-consuming for attorneys, legal fees can begin to mount. Nevertheless, if you feel your case is strong, voice your concerns. Being lawyers that will always do everything possible to win, we will closely examine how your case has proceeded to date and give you sound advice on what to do next.

Supreme Court Appeals

Although it may be a long shot, you will have the option to file an appeal with the U.S. Supreme Court should the federal Circuit Court of Appeals deny your appeal. If you choose not to pursue this option, the appeals process will be finished and you will be expected to immediately depart the United States. Therefore, give this serious consideration before you decide to end your attempt at gaining asylum.

If you are appealing a closed immigration case, schedule a consultation as soon as possible. Possessing years of experience and tremendous knowledge of even the most complex situations regarding asylum appeals, we can discuss your case with you and give you honest answers as to how your case may play out in the coming months. Contact our immigration lawyer in Los Angeles today!