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What Are Your Options Following Denial of Your Asylum Application?

If an immigration judge denies your asylum application, you have three options: accept the decision, request that your case be reopened, or appeal the decision to the Board of Immigration Appeals. If you accept the immigration judge’s decision, then removal proceedings will continue against you and, in all likelihood, you will be returned to your native country. On the other hand, requesting to reopen the case or appealing to the Board of Immigration Appeals are possibilities, but require strict compliance with immigration laws and procedures.

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Can I Submit Asylum Documents in a Language Other Than English?

You may submit a document completed in a foriegn language with your asylum application, but it must have a certified English translation with it. The certification must include the name, signature, and address of the person who prepared the translation. When the translator signs to certify the translation, he or she must also date when they completed the translation and state which languages they are fluent in. This certification requirement applies to documents submitted at any stage of your asylum application.

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Will Your Asylum Case Come Before an Immigration Judge?

An immigration judge will hear an asylum case if it falls within one of the following categories: affirmative applicants whose cases were denied by the asylum officer; arriving asylum seekers who are detained under the expedited removal or credible fear procedures; and, those arrested by U.S. Immigration & Customs Enforcement (ICE) who are applying for asylum for the first time in immigration court. This latter type of asylum request is known as defensive asylum processing, because the asylum seeker is essentially defending against involuntary removal.

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Who Is Eligible for Political Asylum?

An immigrant asylum seeker is eligible for political asylum in the U.S. if they are subject to persecution in their native country because of race, religion, nationality, political opinion, or membership in a particular social group. Asylum seekers must be located within the United States or at a U.S. port of entry at the time of application.

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How long can I stay in the U.S. on a J-1 visa?

Every J-1 visa is limited by its category and defined objectives. Namely, a student visa is for someone to go to school. A J-1 visa for a teacher limits that person to teaching. A sponsoring agency may terminate your participation in the program before the time your J-1 student visa was set to expire. Although your J-1 visa was not due to expire for another 12 months, the purpose of the program was effectively ended by the sponsoring agency.

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How does the J-1 visa work?

A J-1 visa allows temporary or limited entry of an individual into the United States under what is called an Exchange-Visitor Program. The goal of the program is to promote the exchange of information and cultural experiences between the United States and other countries. The J-1 visa category is obtainable only through a U.S. government-approved Exchange-Visitor Program.

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