What happens if my asylum case is denied in San Diego?
Many people ask, “What happens if my asylum case is denied in San Diego?” This is a very serious question. Applying for asylum is not easy, and waiting for a decision can be stressful. If your asylum request is denied, it does not mean your case is over. You still have legal rights and several options to stay in the United States. In this article, we will explain in very simple words what happens after an asylum denial, what steps you can take, and how to protect yourself and your family in San Diego.
What Is Asylum?
Asylum is protection given by the U.S. government to people who fear harm in their home country. Many apply for asylum because of:
- Religion or beliefs
- Political opinion
- Race or ethnicity
- Gender or identity
- Membership in a special group (for example, journalists or activists)
If approved, asylum allows you to stay in the United States legally and apply for a work permit, and later, a green card.
What Does It Mean if Your Case Is Denied?
If your asylum case is denied, it means the immigration officer or judge did not find enough legal reasons to approve your claim. But this does not mean you must leave the country immediately.
What happens next depends on your current immigration status:
- If you have no legal status – Your case will usually be sent to immigration court.
- If you already have another valid status (like a student visa) – You may remain in the U.S. until your visa expires.
Step 1: Understand the Type of Denial
There are two main types of asylum processes:
1. Affirmative Asylum
You apply through U.S. Citizenship and Immigration Services (USCIS). If USCIS denies your case and you have no valid visa, your case will be sent to immigration court for another review.
2. Defensive Asylum
You apply while in immigration court, often after being placed in removal proceedings. If denied, you may face a deportation order unless you appeal.
Step 2: You Can Appeal the Decision
If the immigration judge denies your asylum, you can appeal to the Board of Immigration Appeals (BIA).
- You must file your appeal within 30 days of the decision.
- During the appeal, you can stay in the U.S. while the BIA reviews your case.
- If the BIA denies your appeal, you may be able to appeal further to the U.S. Court of Appeals.
Appealing is often complex, so having a lawyer can make a big difference.
Step 3: Explore Other Legal Options
If your asylum case is denied in San Diego, you may still have other ways to stay in the U.S.
1. Withholding of Removal
This protection stops deportation if your life or freedom would be in danger in your home country. It is harder to get than asylum, but it still allows you to stay in the U.S. legally.
2. Protection under the Convention Against Torture (CAT)
If you fear torture in your home country, you can apply for protection under CAT.
3. Family-Based Immigration
If you have a U.S. citizen spouse, child, or parent, they might be able to help you apply for legal status.
4. Temporary Protected Status (TPS)
Some people from countries with war or disaster can apply for TPS to stay legally in the U.S.
5. Reopening the Case
If your situation changes (for example, new danger in your country), you can ask the court to reopen your case.
Step 4: Avoid Leaving the U.S. Immediately
If your asylum is denied, do not leave the country right away without talking to a lawyer. Leaving could affect your chance to appeal or apply for other protections.
Step 5: Get Legal Help Immediately
Dealing with asylum denial is complicated. You should contact an immigration lawyer in San Diego as soon as possible. A lawyer can:
- Review your case and explain why it was denied.
- File an appeal or new application.
- Help you find other legal options to stay.
- Protect you from unfair deportation.
Many lawyers offer free or low-cost consultations.
Example 1: Asylum Denied by USCIS
A man from Syria applies for asylum but is denied by USCIS. He is then sent to immigration court. With the help of a lawyer, he wins his case before the judge and stays legally in the U.S.
Example 2: Defensive Asylum Denied
A woman from Venezuela is denied asylum in court. Her lawyer appeals the decision to the BIA, which reverses the judge’s order. She is later granted asylum.
Example 3: Applying for Other Relief
A man from Ethiopia is denied asylum but later applies for protection under the Convention Against Torture (CAT). The court approves his request, allowing him to remain safely in the U.S.
What You Should Never Do
If your asylum is denied:
- Do not ignore letters from the court or immigration office.
- Do not leave the U.S. without advice.
- Do not give up hope. There are often other legal solutions.
How Long Do Appeals Take?
The appeal process can take months or even years. While it may feel slow, you usually have the right to stay in the United States while waiting for a final decision.
During this time, it’s important to:
- Keep your address updated with the court.
- Attend all hearings.
- Stay in contact with your lawyer.
Support in San Diego
If your asylum is denied, there are many organizations in San Diego that can help:
- Jewish Family Service – Immigration Legal Services
- Casa Cornelia Law Center
- Catholic Charities of San Diego
- Legal Aid Society of San Diego
These groups offer free or low-cost legal help for immigrants and asylum seekers.
Final Thoughts
So, what happens if my asylum case is denied in San Diego? In simple words:
- Your case may go to immigration court or you may face removal.
- You have the right to appeal the decision.
- You can apply for other protections like withholding of removal or CAT.
- You should always get legal help to understand your next steps.
A denial is not the end of your journey. With the right help, you may still find a legal way to stay in the United States safely. Stay calm, follow the process, and talk to an experienced immigration lawyer who understands San Diego’s system and can guide you toward a better outcome. In some complex cases, even federal criminal defense lawyers can offer valuable insights and support to ensure your rights are fully protected.