Welcome to the third and final chapter of this series we have called “Understanding Asylum.”

In the first chapter, we covered different tips to get the legal help you need to face this particular and delicate process, which is applying for asylum in the United States.

In the second chapter, we answered five questions I have received during my conversations with the dozens of people my team has helped with their asylum cases.

For this third and final article, I decided to focus on the options that exist for those people whose asylum was denied, both affirmative (at USCIS) and defensive (in immigration court).

What to Do When Your Asylum is Denied by USCIS?

If your affirmative asylum case was denied by USCIS and you do not have legal status in the United States, your case will be referred to immigration court. At this point, the government will initiate deportation proceedings against you.

It is important to understand that this is not a second chance to apply for asylum, but rather your case will be transferred to an immigration judge who will review your defensive asylum application again.

Defensive Asylum: Your Case Before an Immigration Judge

In defensive asylum, you will have the opportunity to present your case before an immigration judge. The process is more formal than at USCIS and requires thorough preparation.

During the hearing, you must demonstrate that you qualify for asylum under the same legal bases: persecution based on race, religion, nationality, political opinion, or membership in a particular social group.

It is crucial to have an experienced asylum attorney who can adequately represent you before the judge and present convincing evidence of your case.

Alternative Options if Your Asylum is Denied

1. Withholding of Removal

If you do not qualify for asylum, you can request withholding of removal. This benefit protects you from being deported to your country of origin if you can demonstrate that your life or freedom would be in danger.

Unlike asylum, withholding of removal does not allow you to become a permanent resident, but it does allow you to remain in the United States legally.

2. Protection under the Convention Against Torture (CAT)

Protection under CAT is another alternative if you can demonstrate that it is more likely than not that you would be tortured if you return to your country of origin.

This is a higher standard than asylum, but it may be your last option if other forms of relief are not available.

3. Adjustment of Status Through Other Avenues

In some cases, you may qualify to adjust your status through other avenues such as marriage to a U.S. citizen, family petitions, or work visas.

An immigration attorney can evaluate all your options and determine which is the best strategy for your particular case.

Appeals: When and How to Appeal a Negative Decision?

If the immigration judge denies your asylum case, you have the right to appeal the decision to the Board of Immigration Appeals (BIA).

You must file your appeal within 30 calendar days after the judge’s decision. It is essential that your appeal is well-founded legally and presents solid arguments about why the judge’s decision was incorrect.

Appeals are complex processes that require deep knowledge of immigration law and experience in asylum case litigation.

Importance of Specialized Legal Counsel

Facing an asylum denial can be devastating, but it does not mean the end of your options. With proper legal counsel, you can explore alternatives and fight for your right to remain in the United States.

It is crucial that you seek help from an attorney specialized in asylum cases who can:

• Evaluate the reasons for the denial
• Identify errors in the process
• Determine if you qualify for other forms of relief
• Prepare a solid legal strategy
• Effectively represent you before immigration authorities

Contact Our Immigration Law Firm

The Law Firm of attorney Juan Antonio Lozada is established in Orlando, Florida, and works with cases from all parts of the United States, as well as people in other countries interested in immigrating to the USA.

If your asylum case was denied or you are facing deportation proceedings, contact us today for a consultation. We have the experience and dedication necessary to help you explore all your legal options.