When a person is seeking asylum in the United States, he or she will have to apply for that protection. Once the asylum petition is submitted, it will be up to the immigration officials and courts to decide what decision is necessary. There are several options that an applicant for asylum might encounter.
What is a referral to immigration court?
A referral to the immigration court means that the petition for asylum will be considered in front of a judge. There is no need to refile the application or to file additional paperwork. Instead, you must go to the court listed on the document on the day and time specified to speak to the judge. The application is reviewed by the judge, who is not bound by the United States Citizenship and Immigration Services determination.
What are the types of denials?
There are two types of denials: intent to deny and final denial. If you get an intent to deny notice in the mail, your application has been found ineligible for asylum. With this type of denial notice, you have 16 days to offer a rebuttal or send in new evidence about your asylum application. If you send that in on time, the officer will review your case again and issue a final decision.
A final denial is just that, a denial of asylum. When this is issued, employment authorizations end within 60 days of the letter date or on the date listed on the Employment Authorization Document. The later date of those two options is used.
What are the types of approvals?
There are two types of approvals: intent to approve and grant of asylum. The intent to approve means a preliminary approval of the application pending the outcome of the investigation into your background and identity. This is a time-limited approval that is only valid to give the officer time to get back the information. The intent to approve can turn into a denial if the information shows any derogatory information.
The grant of asylum means that your application has been approved. The period for asylum is indefinite, but can be terminated if circumstances change in your home country or if you are granted asylum in another country. Criminal convictions and other illegal activities can also terminate an asylum status.
Seeking assistance throughout the asylum process can help you understand how to proceed.
Source: FindLaw, "Types of Asylum Decisions," accessed July 08, 2015