What Can Disqualify an Asylum Case?

 Posted on January 05, 2026 in Asylum

Winning an asylum case in the United States has never been easy. But recent changes to immigration enforcement have made it even harder. If you are seeking protection in the U.S., you need to understand what can cause your case to fail before you step into a courtroom.

Asylum law allows people who face persecution in their home country to find safety here. However, immigration judges now apply strict rules that can disqualify even real claims. Knowing these barriers ahead of time helps you and your attorney make a stronger case.

Our Bay Area immigration attorneys are ready to fight for you. Attorney Karim speaks Bengali fluently and understands the challenges you face as a hopeful immigrant in 2026. 

Can You Get Asylum if You’ve Committed a Crime? 

Under Section 208(b)(2) of the Immigration and Nationality Act, certain criminal convictions can permanently keep you from receiving asylum. These are called "statutory bars." The immigration judge has no choice but to deny your case if one applies.

The most serious bars include convictions for particularly serious crimes. This category includes:

• Aggravated felonies and other violent crimes

• Drug trafficking

• Certain theft offenses

Even crimes that seem small can cause problems. A conviction for a crime involving "moral turpitude," such as fraud, may not automatically bar asylum. However, the judge may still deny your case if he or she thinks the crime was serious enough. 

The difference between a mandatory bar and a judge’s discretionary denial matters. With discretionary denial, an attorney can argue your positive factors outweigh the negatives. With a mandatory bar, there is usually no way around it. USCIS’s website provides a comprehensive list of crimes and activities that bar someone from receiving asylum. 

Can Terrorism Accusations Block Your Asylum Case?

One of the most devastating barriers to asylum involves terrorism-related inadmissibility grounds. These rules are written so broadly that sometimes they affect people with no connection to actual terrorism.

Providing material support to a terrorist organization can permanently bar you from asylum. The government defines "material support" very broadly, especially right now. Giving food or money to an armed group, even under threats, can count. Paying a ransom to free a kidnapped family member can count. Even providing medical care can trigger this bar.

Many asylum seekers from countries with civil wars face these allegations. The Trump Administration has been looking through people’s phones and social media accounts to see whether they have material that can be seen as supporting terrorism. The government may claim you supported a designated group, even if you had no choice. 

How Does Gang Activity Affect Asylum Cases?

You do not need a criminal conviction for gang involvement to hurt your asylum case. Immigration judges increasingly use gang allegations to deny asylum, even with weak evidence.

If the government believes you have any connection to a gang, they may argue you are ineligible. Sometimes these allegations are based on where you lived, tattoos, or family associations. The government does not need to prove you committed any crime. The recent case of Kilmar Abrego Garcia, an alleged MS-13 gang member, is a good example. Mr. Garcia has never been convicted of gang activity but has gone through a very difficult asylum and deportation process anyway. 

What Is Firm Resettlement and Why Does It Matter?

If you lived in another country before coming to the United States, the government may argue you were firmly resettled there. This means you had permanent resident status or something similar in a third country. If the judge finds you were firmly resettled, you cannot receive asylum here.

This can be an issue for asylum seekers who spent time in Mexico, Brazil, or Europe before coming to the U.S.

How Do Prior Immigration Violations Affect Your Asylum Case?

Your immigration history can hurt your case with the judge. If you came into the country illegally, overstayed a visa, or used false documents, the government attorney will bring this up during your hearing.

Judges expect asylum seekers to be honest. Any inconsistency between your current story and what you’ve said in the past can damage your case. Prior removal orders, failed asylum applications, or immigration fraud make the judge question your truthfulness.

This is why working with an experienced courtroom attorney matters. Your lawyer can explain your immigration history in a way that preserves your credibility while focusing on the merits of your claim.

Call a San Francisco, CA Immigration Lawyer Today

Asylum cases are complicated, and the stakes could not be higher. If your case is denied, you face deportation to a country where you may not be safe. You deserve an attorney who will stand beside you in the courtroom.

Our Bay Area immigration attorneys at Hafey & Karim have real courtroom experience arguing asylum cases before immigration judges. We provide trusted legal support in English and Bengali, with translators available for Spanish, Hindi, Punjabi, and Urdu. Call Hafey & Karim at 214-506-0671 to schedule a consultation.