Common bases for denial of asylum or related relief include:
- Failure to file an application for asylum within 1 year of arriving in the U.S. or qualify for an exception to the 1 year deadline (a requirement that is not applicable to those seeking the related relief of withholding of removal or Convention Against Torture/CAT)
- Inconsistencies in applicant testimony thereby creating issues of credibility,
- The basis of the applicant’s fear is not on account of one of the enumerated grounds e.g. applicant’s claim is more economic based or not premised in membership in a statutorily covered social group,
- Adverse or endangering actions taken against the foreign national does not qualify as “persecution”
- The foreign national was “firmly resettled” in a third country e.g. citizenship or the right to remain in a third country on a permanent basis OR
- Applicant has a disqualifying criminal conviction that impacts eligibility for asylum, withholding of removal and/or protection under Convention Against Torture (CAT)
As set forth above, an application for asylum must be submitted within 1 year of arrival, although several exceptions to this requirement exist, including changed country conditions or the impact of an applicant’s physical or mental incapacity.
In many cases, where an application has been pending for an extended period, an applicant may be eligible to be issued an Employment Authorization Document for the period their case is pending.
To fully understand your options with regard to presenting an asylum based claim for relief from removal proceedings, it is best to consult with experienced counsel, such as the Law Offices of Richard Hanus. By calling Richard Hanus, you will gain a clear idea of the availability and viability of an asylum based option for defending in removal proceedings.