As an asylum applicant who ultimately gets a negative outcome, you may experience immediate fear of deportation from the United States, a loss of work authorization in the country, and being separated from your loved ones who get to stay here. Well, please know that you are not out of options just yet. That is, please follow along to find out the reason behind your asylum application getting denied affirmatively or defensively, and how one of the proficient Lancaster, PA asylum lawyers at Lupton Law LLC can help you make the proper legal response.

Why was my asylum application denied affirmatively?

First of all, your asylum application may be denied affirmatively if you filed with the United States Citizenship and Immigration Services (USCIS) and an asylum officer subsequently referred you to plead your case before an immigration court. The reason for this initial denial may be that the officer had reason to believe you did not meet the legal standards for asylee status, or found that you otherwise fell short of certain legal and procedural requirements within your petition. More specific explanations for this are as follows:

  • The officer determined you did not meet the legal definition of a refugee (i.e., no fear of persecution due to race, religion, nationality, etc).
  • The officer determined there were contradictions or missing information between your written application and in-person interview.
  • The officer determined there was a bar on your asylum eligibility (i.e., you are a national security concern, you have a criminal conviction, etc).

Again, you may have a second chance at asylum with the immigration court. Here, you may present evidence or witnesses that are new or were missing in your original application, and overall clear up misunderstandings regarding your eligibility to receive this immigration status.

Why was my asylum application denied defensively?

Secondly, your asylum application may get denied defensively by an immigration judge during removal proceedings. This may be more serious than receiving an affirmative denial, as it is more likely to prompt an immediate deportation or removal order from the United States. Nonetheless, the judge may have rejected your case for asylum protection for any one of the following reasons:

  • The judge determined that you can safely relocate to your home country without fear of persecution.
  • The judge determined that you have insincere economic or personal motives for seeking asylum in the U.S.
  • The judge determined that you missed too many important deadlines for filing evidence for your claim.

Rest assured, a defensive denial of your asylum application does not mark the end of your immigration journey in the U.S. That is, in an ideal scenario, the judge may recommend that applying for a withholding of removal, a UN Convention Against Torture (CAT) protection, or another protective visa is more suitable given your background. Or, they may inform you of your opportunity to appeal to the Board of Immigration Appeals (BIA), and subsequently the federal circuit court if needed.

There is no need to wait any longer to hire one of the talented Lancaster, PA asylum lawyers if you are already ready to get on with your immigration case. Reach out to our law firm, Lupton Law LLC, at your earliest possible convenience.