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Can you lose the right to asylum?

On Behalf of | May 24, 2022 | Immigration Law

If you have come to America after claiming asylum, you may be worried that one wrong move could end up sending you home.

In order to get asylum, you have to prove that you are a refugee and are unable or unwilling to return to your country due to the risk and fear of persecution. You can be granted asylum so long as you aren’t barred from it for any reason (based on U.S. law).

When can asylum be revoked?

There is a risk that you could be removed in some cases, though. The Department of Homeland Security or an immigration judge could terminate asylum in cases where the district director or asylum officer originally granted asylum rather than an immigration judge.

They may also choose to terminate asylum if there is proof that you, the asylee, committed fraud to obtain the status or if you have never been in deportation proceedings previously.

What happens if asylum is terminated?

If there is a question leading to the potential termination of your right to asylum, you will receive an official notice called the “notice of intent to terminate asylum.” The Department of Homeland Security will question you about the qualifications you have that make it appropriate for you to claim asylum in the United States.

If the DHS decides that you do not meet the qualifications for asylum, then you will receive another notice, called the “final written notice of termination.” At that point, the removal proceedings begin.

What should you do if you are involved in removal proceedings after previously having asylum?

If you are given notice that your eligibility for asylum has been revoked and that you’ll enter removal proceedings, you need to take action and look for legal support as soon as possible. You are legally able to reapply for asylum when you are before the immigration judge, but you will need to have a strong case to convince the judge to grant it to you again. It is valuable for you to prepare, so you can fight back against removal and make your case to stay in the United States.