A breakdown of asylum decisions

A breakdown of asylum decisions

On Behalf of | Oct 2, 2021 | immigration |

Applying for asylum is an intimidating process that may have a number of outcomes. Fortunately, the U.S. Citizenship and Immigration Services has broken down each of the potential decisions that an asylum applicant in California may receive.

The possible decisions for an asylum application are:

  • Grant of asylum
  • Referral to an immigration court
  • Sending your application to an immigration court
  • Notice of intent to deny
  • Final denial

Grant of asylum

This is the decision you’ll receive if it’s been determined that you’re eligible for asylum and that it has been granted. This will include a letter and a completed Form I-94.

Referral to an immigration court

Although this means an asylum application wasn’t approved, this isn’t the same as a denial. It does mean that a case needs to be reviewed further by the immigration court before asylum status can be granted to you and your family.

Sending your application to an immigration court

In some cases, the USCIS automatically sends your case to immigration court. This may result from the DHS having issued the applicant a Notice to Appear that hasn’t been docketed and filed. Other NTA-related issues often result in this decision.

Notice of intent to deny

When an individual is ineligible for asylum in spite of valid legal status in the United States, they may receive a notice of intent to deny or NOID. This is still not a final denial: You still have a 16-day window to appeal, giving the asylum officer another chance to review the details of your case.

Final denial

When the response to a NOID fails to overturn an asylum officer’s reasons for denial or no response is given, a final denial is sent. It’s not possible to appeal an officer’s decision, but you may reapply if your circumstances change.

There are many difficulties that come with applying for asylum. You can take as much guessing as possible out of the process by learning each of the potential outcomes of your application.