How to Avoid Deportation After Your Asylum Application is Denied

The decision to move from one place to another is a huge choice. Many people flee places that aren’t meeting their needs for a wide variety of reasons. A person might find conditions in the area aren’t ideal anymore because of issues ranging from famine to ongoing war. Problems such as a hurricane can impact a person’s essential survival. 

Someone who is leaving their home for another place is subject to all sorts of issues as they come to another part of the globe. Immigration lawyers in Los Angeles tell their clients there are conditions that must be met in order to qualify for admission to another country. In the United States, applicants who are seeking refuge must meet certain criteria. These laws can be confusing, which is why new immigrants are advised to consult a deportation appeals attorney Los Angeles. 

Seeking Asylum

A formal legal process that is known as asylum is one area where people from another country might be able to enter the United States. This allows people to stay in another country with the official sanction of that country’s government. In essence, asylum seekers are looking for permission to stay in another country such as the United States because of issues such as political persecution in their native lands. 

Those who are looking for help with this process can turn to experts for assistance. An immigration lawyer can help anyone who is asking for the right to stay in the United States because they believe they qualify for the fundamental right of asylum. Assistance from legal immigration help Los Angeles can clarify who is qualified to apply and who is not.

The Standards

All those who are asking for this particular right must meet certain criteria. Asylum seekers, as appeals attorneys tell their clients, are those who are refugees. As the United Nations states, a refugee “is someone who has been forced to flee his or her country because of persecution, war or violence.” People who are refugees have certain rights and certain obligations. It’s helpful to know the criteria. 

Anyone who is engaging in the process of applying for this designation will have to illustrate they have a well founded fear of being persecuted. This may stem from certain conditions such as membership in an ethnic group, a particular nationality or holding a certain political position. Refugees cannot simply return to their homeland without facing potential persecution.

An Asylum Officer

In order to get this process in gear, the applicant has to speak to an official in the United States government. Most legal counsel warn their clients that denials of the right of refuge are common. 

An immigration attorney will often also warn their clients that they should in fact expect to be denied their right of asylum on the first attempt. 

An asylum claim is typically heard by either an asylum officer or a judge. The asylum officer is someone empowered to determine if an applicant can qualify for admission to the United States. They have the right to send the applicant back to their country of origin. 

Appealing This Decision

On the surface, being denied the right of asylum can feel scary. However, as a denial appeal lawyer, this does not mean the end of all hope. 

Clients have the right to appeal this decision in many ways. Even better news is that the applicant is allowed to stay in the United States while their appeal goes through the court system. That allows them the chance to enjoy the benefits of remaining here while being free of persecution in their native lands. Those who are working through the process of appealing a closed immigration case in Los Angeles typically begin by speaking to an asylum officer. The officer will let the applicant know if they have been approved.

After the denial by an officer, the person can turn to an immigration court judge. The judge will preside over a hearing. It’s best to have a lawyer during this time. At the conclusion of this process, the judge will formally let the applicant know if they’ve been given permission to stay. This will be stated out loud to you at the hearing.

Board of Immigration Appeals

If the immigration judge denies your right to claim to asylum, the applicant has the right to appeal to what is known as the Board of Immigration Appeals. This appeal must be done within thirty days of denial by the immigration judge. 

In this case, the board will examine the transcript to see if an error was made in the original appeal. They are also able to submit any new evidence unless such evidence was not available to you before this time. Applicants need not appear in person. 

Appealing a closed immigration case in this way can take a long time. Most applicants will need to wait at least a year in order to know the outcome of their case. If the court finds grounds for appeal, you will be permitted to stay.

Further Appeals

An applicant for asylum who was denied by the immigration judge and the bureau has two more chances to appeal. They can present their case to the federal U.S. Circuit Court of Appeals. Keep in mind this can take upwards of three years for your case to be heard. In that case, you might be granted asylum or the court might send your case right back to the immigration judge. 

In rare cases, applicants can literally appeal to the United States Supreme Court. The court might choose to hear your case largely because they believe it presents an important legal issue. However, this is a very long shot. Most such cases are not heard at all. In all such cases, having a skilled attorney at your side is a crucial step.