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December 17, 2020

What happens if they deny my asylum request?

If you apply for asylum at an asylum office and they say “no,” they will probably put you into removal proceedings and you will have to appear in immigration court. At that time, you can ask again for asylum from the immigration judge. If you ask for asylum as part of your defense in removal proceedings, and the immigration judge says that you do not qualify, you can appeal that decision to the Board of Immigration Appeals (BIA), which is the highest court in our immigration court system. If the BIA denies your request, you can appeal to a federal court. If you are still denied asylum by federal court – or if you do not file an appeal when the immigration judge denies your case – you will probably be deported. It is almost impossible to do any of this successfully without an attorney with experience in asylum.

To find a list of legal resources in your area, please see Finding a Lawyer and select your state or see our National Organizations - Immigration page.