Asylum Disqualification: Criteria and Implications for Applicants

Asylum is a form of protection granted to individuals in the United States (U.S.) who meet the international definition of a refugee. There are five grounds upon which a person may make asylum requests and be granted asylum: fear of persecution due to their nationality, political opinion, religion, race, or membership in a particular social group.

A well-founded fear of persecution is paramount for asylum eligibility, and applicants must demonstrate a reasonable possibility of suffering persecution upon return to their home country. We take pride in guiding our clients through the complexities of claiming asylum. Understanding that each case is unique, we tailor our approach to fit the individual needs of those seeking refuge. 

The benefits of being granted asylum are substantial. Asylees are allowed to live and work in the U.S., request permission to travel overseas, apply for a social security card, and petition for their family members to come to the United States. After one year of being granted asylum, asylees may apply for lawful permanent resident status. 

Common Grounds for Asylum Disqualification

Criminal Convictions Inside or Outside the U.S.

We often encounter clients who are unaware that certain criminal convictions can preclude them from obtaining asylum. This includes aggravated felonies and particularly serious crimes committed either within or outside U.S. borders.

Eligibility to Be Removed to a Safe Third Country

A key consideration we weigh is whether asylum seekers can be removed to a third country, pursuant to agreements between the U.S. and other countries. Applicants sent to safe third countries, which are nations deemed to offer protection to refugees, may see their asylum claims in the U.S. denied.

Failure to Meet the One-Year Filing Deadline

The one-year filing deadline for affirmative asylum is another critical issue we guide our clients through. Filing for asylum more than one year after arriving in the U.S. can result in disqualification, but certain exceptions like extraordinary or changed circumstances may apply.

Denial of a previous asylum application

A prior denial of asylum can significantly impact the likelihood of future asylum approvals. We carefully review cases where a previous asylum claim was denied by an immigration judge or the Board of Immigration Appeals. 

Misrepresentation and Fraud

Our firm also assists clients in understanding how misrepresentation or providing false information can adversely affect asylum applications, future citizenship, and immigration services and benefits. It’s our priority to ensure the integrity of information presented in asylum cases.

Security and Terrorism-Related Disqualification Grounds

We are also well-versed in the ways terrorism and security concerns can disqualify asylum seekers. These grounds are complex, and we navigate our clients through these legal intricacies to avoid any pitfalls in their application process.

Our experience in immigration law reinforces the need for personalized legal guidance to avoid these grounds of disqualification and seek asylum elsewhere. If you are seeking asylum, we are ready to provide you with the professional assistance required to navigate these challenges.