Vickerstaff Law Office

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Vickerstaff Law Office

Call For An Initial Consultation

Local: 502-442-2039
Toll-Free: 888-832-2944

Louisville, Kentucky, Immigration Lawyer

Louisville, Kentucky, Immigration Lawyer

U.S. asylum is not guaranteed. Possible reasons for rejection

On Behalf of | Jan 12, 2024 | Firm News

America was once a beacon of compassion for those who suffered hardships in other nations. Most citizens still have that compassion, as do many government offices. Still, it is more challenging than ever to obtain U.S. asylum status. 

From new laws to public safety concerns, here are some reasons you may face denial when requesting asylum.

Missed application deadlines

You must apply for asylum status within one year of entering the U.S., or your application could face rejection. However, the U.S. Citizenship and Immigration Services (USCIS) recognizes that changing circumstances can delay applications. They may be willing to reschedule in extreme situations.

Prior asylum denial

Those previously denied asylum by an immigration judge or appeal board are typically rejected if they reapply. Unless your situation has changed drastically, rendering you eligible, you could face denial again.

Persecution of others

America stands strong against religious and other forms of persecution and typically denies asylum to those who played a lead or command role in such activities. However, participation alone, especially without sufficient knowledge, is not always a bar to asylum.

Serious criminal activity

The USCIS states that committing a “particularly serious crime” can be a barrier to asylum in America due to public safety concerns. Two possible examples are aggravated assault with bodily injury and felony burglary.

New asylum rules

Asylum seekers have always been encouraged to come to America through safe, legal pathways. As of 2023, the Circumvention of Lawful Pathways (CLP) rule means entering through southwest borders or adjacent coasts may automatically result in denial. However, proving your situation warrants an exception may make a difference. 

Asylum and immigration matters are complicated, but necessarily so. Although the USCIS does what it can to simplify things for asylum seekers, legal guidance can help you navigate what may be a challenging journey.