What Happens if My Asylum Case Is Denied?

 Posted on September 05, 2025 in Asylum

Many people fleeing persecution are hoping for safety, stability, and a new beginning. But sometimes, an asylum application is denied. If this happens, it does not necessarily mean you will be forced to leave the country right away, but you do need to take immediate action. Understanding your options after a denial can help you make the next best decision for your future.

At Hafey & Karim, our Bay Area immigration lawyers understand affirmative asylum, defensive asylum, and political asylum and can help you decide what to do next if your asylum application has already been denied. Call us at 214-506-0671 for a consultation. 

What Are the Common Reasons Asylum Is Denied?

Asylum claims can be denied for many reasons. Some common ones include:

• Missed deadlines: Most applicants must apply for asylum within one year of arriving in the U.S. Exceptions exist, but missing the deadline can lead to denial.

• Not enough evidence: To qualify, you must prove a legitimate fear of persecution based on race, religion, nationality, political opinion, or membership in a particular social group. If supporting documents, testimony, or other evidence are lacking, the case may be rejected.

• Credibility issues: If an immigration officer or judge finds inconsistencies in your story or doubts your testimony, your case could be denied.

• Changed conditions: If the situation in your home country has improved, the government may decide you no longer face a risk of persecution.

Knowing why your case was denied is the first step in deciding how to move forward.

Can I Appeal an Asylum Denial?

If an asylum officer denies your affirmative asylum application, your case is typically referred to the immigration court, where you can present your claim again before a judge. If a judge later denies your case, you may file an appeal with the Board of Immigration Appeals (BIA).

Appeals must be filed quickly, usually within 30 days of the judge’s decision. During the appeal, you can argue that the judge made legal or factual errors. In some cases, your lawyer may also request a stay of removal while the appeal is pending, which allows you to remain in the U.S.

If the BIA denies your case, you may be able to take the matter to the federal courts. However, in the meantime, you will be issued an order of removal from the U.S. These higher-level appeals are complex and require careful legal guidance.

Are There Other Options if Asylum Is Denied?

Even if an asylum case is denied, some people still qualify for other forms of relief, such as:

• Withholding of removal: This protection prevents deportation if your life or freedom would be threatened in your home country, but it does not provide a path to permanent residency.

• Convention Against Torture (CAT) relief: If you can show that you are more likely than not to face torture in your home country, you may qualify for this protection.

• Re-filing or motions to reopen: If conditions in your country have worsened or you have new evidence, it may be possible to reopen your case.

• Other immigration benefits: Depending on your situation, you may qualify for family-based visas, Temporary Protected Status (TPS), or other humanitarian programs.

Because each case is unique, having an experienced attorney who understands both the law and your cultural background is important for a successful outcome.

Call a San Francisco, CA immigration lawyer today.

If your asylum case has been denied, do not lose hope. There are still legal options that may protect you and your family. Call a Bay Area asylum attorney with Hafey & Karim at  214-506-0671 today to talk about your case and learn the next steps. 

Attorney Karim is fluent in Bengali and has helped many South Asian and Muslim families get through the U.S. immigration system. Translators are also available for Spanish, Hindi, Punjabi, and Urdu, so you can feel confident your story will be heard and understood.