If you’re applying for asylum status or if your petition for asylum has already been denied, call a Boston asylum attorney immediately. Asylum status in the U.S. is for immigrants who fear violence or persecution in their home nations, but not everyone applying for asylum is approved.

You may qualify for asylum if you’re already in the U.S. or arrive at a port of entry and meet the Immigration and Nationality Act’s definition of a refugee, someone with a genuine fear of persecution in the home nation based on one of these protected grounds: race, membership in a particular social group, religion, political opinion, or nationality.

Asylum seekers must prove a plausible fear of persecution in their home country based on one of these grounds. Depending on the details of your situation, processing your asylum application can take months or longer. Appealing a denial is also a lengthy and complex process.

Do Asylum Seekers Need an Attorney’s Help?

It’s clear from the statistics that the help of an immigration attorney is critical for asylum applicants. Immigration authorities received 100,394 applications for asylum in 2024:

  1. Counsel represented eighty-three percent of asylum applicants in 2024. Of those, 53 percent received asylum status; just under 47 percent did not. A fraction received other forms of relief.
  2. Counsel did not represent seventeen percent of asylum applicants in 2024. Their outcomes were far less successful: Only 19 percent received asylum status; 81 percent did not.

What Are the Substantive Reasons for Asylum Application Denials?

Asylum applications in the United States may be denied for substantive reasons (failing to meet the legal requirements) or procedural reasons (like submitting an incomplete application or failing to meet a deadline). Substantive reasons for denials include:

  1. Failure to prove persecution in the home nation has been or will be on account of a protected ground: General violence, economic hardship, or persecution not tied to a protected ground may not qualify.
  2. An applicant’s lack of credibility: Inconsistencies in the application, testimony, and evidence may lead an immigration officer or judge to doubt an applicant’s truthfulness.
  3. Insufficient evidence: Failing to provide enough corroborating evidence (like reports on home nation conditions, witness statements, or medical and police reports) to support the applicant’s personal testimony.
  4. Persecution by non-governmental actors: The applicant must demonstrate that the government in the home nation is either unwilling or unable to control the persecutors.
  5. Safe third country or firm resettlement: A denial may be issued if the applicant has traveled through a country where it is safe to seek asylum or has already “firmly resettled” in another country before arriving in the U.S.

What Are the Procedural Reasons for Asylum Application Denials?

Procedural reasons for denials include:

  1. Missing the filing deadline: An asylum application must be filed within one year of the applicant’s arrival in the U.S., unless the applicant can prove “extraordinary” or “changed” circumstances.
  2. Criminal record: Applicants may be barred from asylum if they have committed a crime or crimes that make them a danger to the community or national security.
  3. Persecuting others: Having incited, ordered, assisted, or participated in the persecution of any person on account of a protected ground.
  4. Missing appointments or failing to respond to requests: Failing to attend interviews, hearings, or not responding to requests for evidence.
  5. Incorrectly completed asylum application (Form I-589): Simple but critical errors, like missing required information or failing to provide the correct number of copies.

How Do You Appeal a Denial of Asylum Status?

You may appeal the denial of asylum status with the assistance of a Boston asylum lawyer. The process depends on whether a USCIS (U.S. Citizenship and Immigration Services) asylum officer or an immigration judge issued the denial.

Suppose USCIS rejects your asylum application, and you have no legal immigration status in the U.S. In this situation, USCIS will send the matter to an immigration court, where you have a second chance, with your lawyer’s help, to present your case for asylum to an immigration judge.

If an immigration judge denies your application in court, you may appeal to the Board of Immigration Appeals (BIA).

Appealing to the BIA and Federal Courts

You and your Boston asylum attorney must appeal to the BIA within thirty days of the immigration judge’s decision. The BIA typically reviews the hearing transcript, evidence, and legal arguments, but it rarely conducts in-person hearings.

If the BIA denies your appeal, you may take your case to the U.S. Circuit Court of Appeals that has jurisdiction over the immigration court that heard the case. In rare cases, you may appeal a denial from a Circuit Court to the U.S. Supreme Court.

Can You Work While Appealing an Asylum Denial?

When you file an “Application for Asylum and for Withholding of Removal” (USCIS Form I-589), you are ineligible for work authorization. After 150 days, if USCIS has not yet decided, you may submit an “Application for Employment Authorization” (USCIS Form I-765).

If you obtain an Employment Authorization Document based on your pending asylum application before asylum is denied, you generally have the right to renew that work authorization as you pursue your asylum claim through the appeals process.

When seeking work authorization, asylum status, a visa, or a green card, consult with a Boston immigration attorney at Toland Law first. We will ensure that your application form and accompanying paperwork are accurate, complete, and submitted on time.

Let Toland Law Provide the Help You Need

Your situation is unique. To successfully apply for asylum status, it is essential to obtain personalized immigration advice tailored to your specific circumstances. Consulting a Boston immigration lawyer at Toland Law is your first step. We’ll work to help you achieve your goals.

At Toland Law, managing attorney Paul Toland has represented asylum seekers in Massachusetts since 2012. He is joined by attorneys Abrafi Osei-Kofi and Juan C. Congote. We provide comprehensive immigration and criminal defense services to our clients.

Are you seeking asylum status or facing any other immigration-related legal matter? Schedule a complimentary initial consultation with the team at Toland Law by calling our Boston office at 857-347-3701.

Toland Law, LLC