Asylum is a critical legal process that allows individuals who face persecution in their home nations to live in the United States. Every day, men, women and children flee oppressive, abusive and dangerous environments in order to seek safety from those who would cause them harm. Many individuals in California have successfully worked through the asylum process while others are actively pursuing their claims.
It is important that individuals who wish to seek asylum discuss their options with attorneys who work in the immigration and asylum fields of law. This post does not provide legal advice and should not be relied on as guidance. It is informational and provides general descriptions of several outcomes individuals may face when their asylum claims have been heard.
1. Recommended or granted approval
The outcome that all asylum seekers hope to receive is an outright grant of asylum. That grant allows the individual and the dependents that they included in their claim to stay in the United States for an indefinite period of time. As long as the individual’s reason for seeking asylum remains, their permission to remain in the United States will stand. These individuals and their dependents can apply for adjustment of status or green card after one year of being granted asylum and being physically present in the United States.
In some cases, an individual may learn that their request for asylum has been granted a recommended approval, which is not a full grant of asylum. Recommended approval means that an investigation into the asylum seeker’s situation is still pending but based on the available evidence their request for asylum is recommended. The asylum seeker may be able to look for work while their claim is pending and may receive a full grant of asylum once their investigation is complete.
2. Denial or notice of intent to deny
A denial is on the opposite side of the spectrum. An individual may receive an outright denial of their request for asylum in the United States, and if they do, they can discuss with their immigration attorney their options for staying in the country. An individual may also receive a notice of intent to deny their asylum claim, which amounts to a statement that the individual’s claim will be denied if they cannot provide a rebuttal or additional evidence to support their claim within the timeframe established for the process.
3. Consideration by an immigration court
When an initial determination by USCIS cannot be made and approval for asylum is not possible, an individual’s claim may be sent to an immigration court. The individual does not have to file a new claim, and the judge will conduct an independent review of the claim and will not have to follow the same arguments as the initial reviewer. Support from an immigration attorney can be helpful during this process.
There are no guarantees during the asylum process and no individual should face the requirements of the procedure on their own. Legal help is available. Individuals may seek support and guidance from their own legal advisors. At Yemi Getachew Immigration Law Office, we have helped hundreds of individuals win their asylum claims at USCIS and Immigration Court. Give us a call at 408-292-7995 and schedule an appointment to assess your case.