What Can I Do if My Asylum Petition is Denied?

In far too many cases, an immigration judge will deny your petition for asylum. Fortunately, you are not without recourse if you receive a denial. There are a number of different actions that you can take in order to continue your quest for asylum. First, you can ask the immigration court to re-open your asylum case by hearing your case again and receiving additional evidence. You must have new or different evidence available to present to the court in order to have your case reopened. If the court agrees to reopen your case, it will schedule your petition for another hearing. Note: Motions to reopen are time sensitive and are very difficult to get approved – so fast and good legal help is essential! You also have the option of appealing the immigration judge’s decision to the Board of Immigration Appeals (BIA). If you are going to appeal, you must pay the required fee and file your appeal within 30 days of the court’s decision. You will have to provide a detailed explanation about what was wrong with the judge’s decision, using immigration laws to support your argument. The BIA will review your appeal, which will take between six months and one year. The BIA can decide to deny your appeal, reverse the immigration judge’s decision, or send your case back to the judge with directions about how to handle it. If the BIA denies your claim, you have the right to further appeal its decision to the U.S. Circuit Court of Appeals. There are strict deadlines and requirements for filing this kind of appeal, so it is best to consult an immigration attorney for advice. The deportation defense lawyers of Landerholm Immigration, A.P.C., pride themselves on aggressively representing the interests of those immigrants who are facing potential deportation by American immigration authorities. Whether you have a legally valid asylum petition, adjustment of status claim, or another type of deportation defense, we will diligently gather evidence to support your claim, build a strong case for you, and work to develop a strategy designed to help you remain in the United States and move on with your life. The earlier we can begin our legal representation, the more likely it is that you may prevail in your deportation proceedings. Don’t wait to contact us today and learn what we can do to assist you.