What Are the Possible Outcomes of Your Asylum Case?
When you apply for asylum, your case can lead to several outcomes. These results can significantly impact your ability to stay in the United States and access certain rights. Understanding these possibilities helps you prepare for what lies ahead and make well-informed decisions about your next steps.
Approval
If USCIS approves your application, you gain asylum status and access to several valuable benefits. These benefits provide a foundation for rebuilding your life and securing your future in the United States. Here are some examples:
The right to live and work legally in the United States.
Eligibility to apply for a Green Card after one year.
The ability to pursue U.S. citizenship once eligible.
Permission to request derivative asylum status for your spouse and children, reuniting your family safely.
These benefits provide vital legal protections and create opportunities for lasting stability. Asylum status allows you to start fresh in a safe environment where you can rebuild your life. It also ensures your family’s safety, giving you the chance to move forward with hope and confidence.
Denial
Receiving a denial for your asylum application can feel discouraging, but it’s not the end of the road. The following steps depend on whether you have lawful status in the U.S. If you do, you can remain in the country under that status. For those without lawful status, the case moves to the next stage—removal proceedings.
When immigration officials refer your case to court, you appear before an immigration judge to argue your claims again. This step gives you another chance to seek protection and present evidence that supports your need for security. The judge evaluates your case with a fresh perspective, allowing you to continue advocating for asylum.
If the judge denies your claim, you can appeal to the Board of Immigration Appeals (BIA). The BIA, which oversees immigration court decisions, evaluates your appeal based on the merits of your case and relevant legal standards. If they uphold the denial, you still have the option to appeal to a federal court.
It’s critical to act quickly during this process. You typically have 30 days to file an appeal, and failing to do so forfeits your right to remain in the U.S., potentially leading to immediate deportation. Even within the timeframe, the risk of removal exists if you don’t obtain a stay of removal order. Working with a skilled lawyer during this time can ensure you take the correct steps to keep fighting for your asylum claim and avoid costly mistakes.
Lincoln-Goldfinch Law - Abogados de Inmigracion
1005 E 40th St Austin, TX 78751
