Asylum Disqualification: Criteria and Implications for Applicants

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Bars to Applying for or Receiving Asylum

There are specific disqualifications that may bar individuals from applying for or receiving asylum in the United States. Knowing these is vital for those who seek the safety and protection that asylum affords. At Andrew T. Thomas, Attorneys at Law, we guide our clients through the asylum application process, ensuring each step is careful and informed. 

At our firm, we approach each case with the dedication required to navigate these bars to asylum. We are passionately devoted to helping our clients understand these legal intricacies, ensuring that all avenues for immigration relief and legal status are explored with professionalism and integrity.

We understand this complex area of law profoundly influences the lives of individuals and their families. Our team is here to offer professional and confidential legal assistance tailored to the needs of each client. Our priority in immigration services is not only to advise but to act as a pillar of support throughout the entirety of the immigration journey.

What Is Asylum?

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.

Consequences of Asylum Disqualification

When an individual is disqualified from obtaining asylum, there are immediate and long-term repercussions that can significantly alter their life. Let us explain:

  1. Removal proceedings: If disqualified from asylum, individuals are often placed into removal proceedings. This means facing a judge in immigration court and potentially being deported to their home country, where they fear persecution.
  2. Loss of employment authorization: Asylum seekers who are disqualified lose their right to employment in the U.S., pressuring them financially as they cannot legally work to support themselves or their families.
  3. Ineligibility for immigration benefits: Those denied may also be precluded from immigration benefits. For example, they cannot adjust their status to that of a lawful permanent resident.
  4. Detention: In some cases, individuals facing disqualification from asylum may be detained by Immigration and Customs Enforcement (ICE), making the situation more distressing.
  5. Impact on family: A failure to qualify for asylum can lead to separation from family members, fracturing vital family units, which we strive to keep together.
  6. Obstacles to future attempts: A prior disqualification can become a hindrance in any future attempts to seek legal immigration status in the U.S. and other countries.

We pride ourselves on guiding our clients through these challenging consequences with empathy and professionalism. If you require assistance navigating the asylum process or need support in addressing the aftermath of disqualification, our knowledgeable team is here for you.

How Andrew T. Thomas, Attorneys at Law, Can Help

At Andrew T. Thomas, Attorneys at Law, we practice providing exceptional legal support for individuals seeking asylum. Understanding the criteria for both asylum status and disqualification is critical, and we stand firmly as your advocate to navigate this intricate process.

  • Case assessment: We meticulously evaluate each case to identify if any factors such as “firmly resettled” status, “changed circumstances,” or “extraordinary circumstances” apply to your situation. Our goal is to present the strongest case on your behalf.

  • Legal support: With our in-depth knowledge of immigration law, we guide our clients through the complexities of the American immigration system.

  • Strategic planning: To combat potential challenges in asylum cases, we develop tailored strategies that align with each client’s unique circumstances.

  • Asylum application and documentation: We assist with preparing coherent testimonies and completing paperwork. 

In Need of Assistance With Your Asylum Application? Contact Us Today

Our commitment to your case is unwavering. We are passionate about the sanctity of the family unit and strive to protect and empower our clients at every step. While the road to asylum can be daunting, you do not have to face it alone. We possess in-depth knowledge of the asylum process and strive to enable our clients to transition to a safe and stable life with legal immigration and refugee status. 

We encourage you to reach out to us for a free consultation, where we can discuss your case confidentially and professionally. Allow us to assist you in making your journey from an asylum interview to a new life in the United States as smooth as possible.