My boyfriend wants to file asylum...if he gets denied the interview what happens? He refuses to get married until he tries asylum. Would we be able to get married after a denied asylum? Do you have to appeal? Will the marriage get denied? Any help and insight on the process is greatly appreciated.
I would strongly suggest that you consult with an immigration attorney before you do anything. The denial rate on asylum applications is very high, depending upon the country in question, the specific facts of the case, and the Immigration Judge that you get assigned.
Syracuse University did a study of all the IJs in the country and ranked them, by how often the granted asylum. The range was between on judge in Miami that denied 96.7% of all the cases he ruled on to one judge in New York that only denied 9.8% of all asylum case.
Once you receive a denial, then you become subject to a final order of deportation, pending appeals. However, with a final order of deportation, your b/f will be ineligible to adjust his status, even if you marry and have a visa available for him.
Yes you can appeal to the Board of Immigration Appeals within 30 days. The asylum process provides for a hearing in front of an immigration judge.
Finally, on appeal if the Board affirms the immigration judge's decision, you would have 30 days within which to appeal that decision to a federal appeals court.
You need to get an attorney too help you fix this. The Asylum clock is a major problem. Check with a lawyer in your locale to discuss more of the details.
Good luck to you.
NOTE: This answer is made available by the out-of-state lawyer for educational purposes only. By using or participating in this site you understand that there is no attorney client privilege between you and the attorney responding. This site should not be used as a substitute for competent legal advice from a licensed professional attorney that practices in the subject practice discipline and with whom you have an attorney client relationship along with all the privileges that relationship provides. The law changes frequently and varies from jurisdiction to jurisdiction. The information and materials provided are general in nature, and may not apply to a specific factual or legal circumstance described in the question.
Get free answers from experienced attorneys.
24,185 answers this week
2,447 attorneys answering
Don't speak legalese? We define thousands of terms in plain English.Browse our legal dictionary