What are the consequences if your fail your asylum visa?

Asked about 1 year ago - San Jose, CA

I have a decent job and I want to get my Green Card ASAP. Since i am from under-developed country and my country situation is pretty pathetic, there is no condition that i would be able to go back home. (reasons very personal family matter due to country civil war) . My friends who were in similar situation, applied for asylum and they have managed to get one so far. But i am not comfortable doing this, cause i am afraid what after-consequences i have to face if my asylum visa gets rejected. Will USA kick me out if my asylum gets rejected? Can i still go for my graduate studies, and then apply for EB2 visa if my asylum visa gets rejected. ? Thanks!!

Attorney answers (4)

  1. Daniel Patrick Hanlon

    Contributor Level 20

    Answered . As long as you remain in valid nonimmigrant status, nothing will happen if your asylum is denied at USCIS. if you are not in valid status, your case would be referred to immigration court for removal proceedings, in which you could assert the asylum claim before the immigration judge anew.

  2. Ripal Patel

    Contributor Level 12

    Answered . If you currently carry a valid status. Being denied on Asylum application will not cause you to leave the country. You will be referred to immigration court.

    I would speak with an Attorney in your area.

    Your particular situation may be different. This answer is intended for information purposes only. No Attorney-... more
  3. Alena Shautsova


    Contributor Level 20


    Lawyer agrees

    Answered . You will be deported if at the time of final decision on your asylum claim you don't have an Immigration status, or any other defenses to the deportation. Consult with an Immigration attorney.

    Att. number 917-885-2261 This advice does not create an attorney client relationship. No specific legal advice may... more
  4. David Joseph Trevino

    Contributor Level 11

    Answered . If you are currently in valid non immigrant status, and your asylum case is denied, you will continue in non immigrant status. If you have already been out of status or fail to maintain your non immigrant status, the asylum office will refer your case to an Immigration Judge for further adjudication of your request for asylum. It's important to maintain your non immigrant status at all times.

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