The Executive Office for Immigration Review (EOIR) recently released asylum statistics covering fiscal years 2009 through 2018 (through June 30, 2018). As of that date, EOIR reported a 42.42% asylum denial rate and a 22.17% grant rate. In other words, nearly half of all asylum applications were denied. Understanding why asylum cases are denied can help applicants avoid common mistakes and strengthen their claims.
Below are the top 10 reasons asylum applications are denied in the United States.
- Missing the One Year Filing Deadline U.S. law requires most applicants to file Form I 589, Application for Asylum and for Withholding of Removal, within one year of entering the United States. Filing late without a valid exception is one of the most common reasons for denial.
- Not Providing a Valid Exception for Late Filing There are limited exceptions that allow applicants to file after the one year deadline, such as changed circumstances or extraordinary circumstances. A knowledgeable attorney can help determine whether an exception applies.
- Errors or Incomplete Information on Form I 589 The asylum application is detailed and complex. Common mistakes include:
- Incorrectly listing foreign addresses
- Failing to answer questions thoroughly
- Not submitting the required number of copies
Even small errors can result in rejection or denial.
- Insufficient Evidence –Strong asylum cases require strong documentation. Applicants often fail to provide:
- Country condition reports
- Medical or psychological records
- Police reports
- Witness statements
- Proof of past persecution
It is never too late to gather evidence, and an attorney can guide applicants on what is needed.
- Poor Preparation for the Asylum Interview Applicants must bring their own interpreter and be prepared to clearly explain why they qualify for asylum. Many applicants:
- Do not understand the purpose of the interview
- Do not know how much detail to provide
- Become confused or overwhelmed
Proper preparation can make a significant difference.
- Not Hiring an Attorney—or Not Hiring the Right One Many applicants do not realize they can hire an attorney even after filing their asylum application. Others remain with attorneys who are unresponsive or inexperienced. If your attorney does not return calls, lacks a clear strategy, or does not take your case seriously, you have the right to hire a new one.
- Hiring a Non Attorney or Unqualified Representative Before hiring someone, applicants should confirm:
- The attorney is licensed and eligible to practice law
- The attorney has experience with asylum cases
- The attorney has positive client reviews
- Communication is easy and direct
Unqualified representatives can cause serious harm to an asylum case.
- Missing Appointments or Deadlines USCIS sends important notices, including biometrics appointments and interview dates. Missing even one can delay or jeopardize the case. When represented by an attorney, both the applicant and the attorney receive notices, reducing the risk of missed deadlines.
- Inconsistent Testimony – Inconsistencies between the written application and the applicant’s statements during the interview can lead to denial. Trauma, fear, or misunderstanding can cause applicants to leave out important details. A skilled attorney will help applicants prepare to tell their story clearly and consistently.
- Not Meeting the Legal Definition of Asylum Asylum is available only for persecution based on specific protected grounds:
- Political opinion
- Race
- Religion
- Nationality
- Membership in a particular social group
Applicants often misunderstand these categories or misidentify the protected ground. An experienced attorney can help correctly frame the claim.
For more information about asylum in Texas, scheduling a consultation is the best next step. Call (281) 777-1236 to get the legal guidance you need. We have two convenient locations in north and south Houston, Texas.
Experience Matters
The Law Office of David Nguyen, PC has successfully handled thousands of immigration cases, including asylum applications. Our team can guide you through the process and help you avoid the common mistakes that lead to delays or denials.
Common Questions We Can Help You With
- Why are asylum cases denied
- What happens if my asylum case is denied
- Can I appeal an asylum denial
- How long does asylum take to get approved
- What is the asylum approval rate in the U.S.
- Can I apply for asylum after one year
- What are exceptions to the one year asylum deadline
- How do I prove extraordinary circumstances for asylum
- How do I prepare for an asylum interview
- What questions are asked in an asylum interview
- Can I bring an interpreter to my asylum interview
- What evidence do I need for asylum
- How do I prove persecution for asylum
- What documents help an asylum case
- Do I need a lawyer for asylum
- How do I choose the best asylum attorney
- Can I change my asylum lawyer
- What qualifies as a particular social group
- What counts as political opinion for asylum
- What are the protected grounds for asylum
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