Types of Asylum Decisions
When someone applies for asylum through the Affirmative process, there are five possible responses from the Asylum Office:
- Grant of Asylum
- Referral to an Immigration Court
- Recommended Approval
- Notice of Intent to Deny
- Final Denial
Grant of Asylum
This is the response that everyone hopes to get – it means that the government has granted the application for asylum. A person granted asylum is allowed to remain in the United States for life, provided that they do not return to their home country, commit a serious crime, or is later found out to have been lying in the asylum application.
The grant of asylum will extend to the applicant’s spouse and unmarried children under 21, provided they are also in the U.S. and were mentioned in the application.
If an asylum applicant’s spouse or unmarried children under 21 are not in the United States, then he or she can apply for visas to bring them to the United States after asylum is granted. The asylee has two years to apply for immediate family members after being granted asylum.
Referral to Immigration Court
If the Asylum Office does not grant asylum and the applicant is in the country illegally, then the Asylum Office will refer the case to the Immigration Court. If the asylum applicant’s spouse or young unmarried child is also in the United States illegally, they will be referred to the Immigration Court as well.
After being referred to the Immigration Court, an asylum seeker can bring his or her asylum application to the Immigration Judge. The Immigration Judge reviews the asylum claim anew; the judge does not have to defer to the government’s previous decision.
This means that the Asylum Officer believes that an asylum seeker is eligible for asylum. The only reason they have not granted yet is because they still need to go through a security background check. If the background check takes too long, sometimes an experienced asylum attorney can speed up the process.
Notice of Intent to Deny
If an asylum seeker is in the country legally, but the Asylum Officer does not think that the asylum seeker is eligible for asylum, the Asylum Officer will issue a Notice of Intent to Deny (NOID). The NOID will state the reasons why the Asylum Officer thinks that the asylum seeker is not eligible for asylum, and the asylum seeker has sixteen days to provide further evidence or explanation.
If an asylum seeker does not respond to the Notice of Intent to Deny within sixteen days, or if the Asylum Officer determines the asylum seeker’s response does not show eligibility for asylum, the Asylum Officer will issue a Final Denial of the asylum application. There is no appeal to a Final Denial.
These types of asylum decisions only apply to affirmative asylum applications. Defensive asylum applications are handled in Immigration Court, similar to a trial, and has its own rules and procedures.
We can help an asylum seeker maximize the chances of getting a positive decision to an asylum application.
At New York Human Rights Committee, we are highly experienced in US asylum law. We have helped people from all over the world fleeing persecution to gain asylum in the US. Our attorneys, translators and support staff will work with you individually to give you the best chance of success possible. We know how difficult and heart wrenching the asylum process can be, and we will be with you every step of the way.
Immigrating to the USA can provide a new future for you and for your family. Give them the opportunity to grow up in a country free from religious and political persecution. Call the Asylum lawyers at the New York Human Rights Committee toll free today at: +1 (800) 560-1768.