Affirmative asylum seeker received a final denial of his claim/case - what options he/she has after (June) changes?

[Steve82]

Hi everyone, if you can provide proper answer will be really helpful, thanks.
Question
1. If Affirmative asylum seeker received a final denial of his claim/case from asylum officer after the interview, will Affirmative asylum case automatically be “referred” to the Immigration Court?

2. Can asylum seeker with denied case still appeal to an independent body in Falls Church, Virginia known as the Board of Immigration Appeals (BIA)?

3. After a Denial by the BIA—can he/she still Appeal to U.S. Court of Appeals?

If there are other options please let me know.

Thank You!

 

[msv5450]

Hi everyone, if you can provide proper answer will be really helpful, thanks.
Question
1. If Affirmative asylum seeker received a final denial of his claim/case from asylum officer after the interview, will Affirmative asylum case automatically be “referred” to the Immigration Court?

2. Can asylum seeker with denied case still appeal to an independent body in Falls Church, Virginia known as the Board of Immigration Appeals (BIA)?

3. After a Denial by the BIA—can he/she still Appeal to U.S. Court of Appeals?

If there are other options please let me know.

Thank You!

denial is different from referral. Denial means that you messed up pretty bad in the interview and therefore you get denied by the officer and won't be referred to court. This happens to very few people. You can look at the stats of denial/referral.

I don't know the answer to the rest

 

[oliver_68]

Hi everyone, if you can provide proper answer will be really helpful, thanks.
Question
1. If Affirmative asylum seeker received a final denial of his claim/case from asylum officer after the interview, will Affirmative asylum case automatically be “referred” to the Immigration Court?

2. Can asylum seeker with denied case still appeal to an independent body in Falls Church, Virginia known as the Board of Immigration Appeals (BIA)?

3. After a Denial by the BIA—can he/she still Appeal to U.S. Court of Appeals?

If there are other options please let me know.

Thank You!

Asylum denial has only two outcomes, either final denial from the asylum officer which is only possible if you have a valid status (like TPS or student), or it will be referred to court if you are out of status. The asylum officer can't give you final denial if you are out of status, no matter how bad was your interview or how bad is your application. So, the final denial you received from the Asylum Officer directly indicates that you have had a valid status when the decision was made on your asylum case, so you are not eligible for court referral nor for an appeal. You may have a valid TPS, F1 (student),... etc. The appeal process is ONLY possible when an immigration judge rejects your case AFTER it was referred to court by the asylum officer, but double check this fact with an attorney. So you can't do anything about it unless your current status expires then you can file again for asylum, which is risky and you need to have a really good and experienced lawyer. Otherwise, you can seek immigration through a different route, like marrying a US citizen or grant a job sponsorship so you can apply for H1B. Bottom line, seek a help from a good lawyer ASAP, this forum doesn't provide a legal advise, so don't wait anymore and talk to a lawyer sooner than later.