Denied asylum = automatic deportation?

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Many people are afraid to file an asylum case because they believe that if their case is denied, they will automatically receive a deportation order. However, the asylum process in the United States can have several stages, and in many cases there are opportunities to appeal or explore other forms of immigration relief.

When an asylum case is presented in immigration court (defensive asylum), if the judge denies the case, the person generally has the opportunity to file an appeal with the Board of Immigration Appeals and, in certain situations, continue the process in federal courts. In affirmative asylum cases before USCIS, the process usually begins with an interview with an asylum officer. If the case is not approved at that stage, it is normally referred to immigration court so that a judge can review the application. In addition, some people may qualify for other types of protection or immigration benefits depending on their situation. For that reason, every case should be evaluated individually.

If you have questions about your asylum case or other immigration options in the United States, we invite you to contact our office to receive legal guidance and evaluate your situation.