Appeals Process After a Denied Asylum Application

If your application for asylum in the United States is denied, you have a long road ahead of you. The good news is that, by taking the proper steps, you need not fear immediate deportation. The bad news is that if you haven't yet received a work permit, you might not be able to get one until you are granted asylee status.

What exactly will happen next depends on where you are in the application process.

If You Were Denied by the Asylum Office—Referral to Immigration Court

If you filed an affirmative application for asylum, and attended an interview with an asylum officer, your denial does not come with any immediate order of removal from the United States. Instead, you will be referred to the Immigration Court (also known as the Executive Office of Immigration Review, or EOIR). There, an Immigration Judge (IJ) will hear and decide on your case.

You will have an opportunity to file new documents, call witnesses, and testify on your own behalf. If your case cannot be fully presented in one day, the hearing might be continued (postponed) to future dates.

Unlike the first interview you had, there will be an attorney for the Department of Homeland Security (DHS) present in Immigration Court. That attorney may question you and cross-examine any witnesses you bring in. The judge may also question you directly.

If You Were Denied by an Immigration Court Judge—Appeal to B.I.A.

If the Immigration Judge denies your claim for asylum, you will have a set period of time in which to ask the Board of Immigration Appeals (known as the B.I.A.) in Falls Church, Virginia to accept your case on appeal. That period is currently 30 days, but if proposed new government rules go through, will be reduced to 10 days starting March 9, 2026. Also as part of these changes, the B.I.A. will be able to refuse appeals and let the immigration judge's decision stand.

During this appeal period, you are in theory protected from being deported—unless you fail to meet the deadline, in which case the asylum denial will convert into an order of removal. (But ICE has, in recent days, been known to arrest asylum applicants during the appeal period regardless.)

Typically, the B.I.A. appeal is done entirely on paper. It is rare for someone to appear in person before the B.I.A..

Your appeal will have two procedural stages to get through:

1. You file an appeal with the Board of Immigration Appeals

This is done by completing Form EOIR-26 from the EOIR website, preparing a copy of the immigration court’s asylum denial, and submitting Form EOIR-27 if you are represented by counsel (strongly recommended).

You will need to meet a strict deadline: The B.I.A. must receive your package no later than the 30th calendar day from the date of the Immigration Judge’s order (the day it was rendered orally or mailed). Make sure to send the package in a manner that can be tracked, such as with a package service or by certified U.S. mail.

You must pay a filing fee, which cannot be waived, even if one's income is low. The amount is high: $1,030 in 2026. A waiver based on low income might be possible. It's currently unclear whether this entire fee will be owed if the B.I.A. refuses the case.

2. If B.I.A. accepts your case: file a legal brief

The second part of the appeal ordinarily takes place within about two months, when your attorney is requested to file a legal brief on your behalf—that is, a written argument about why the Immigration Judge was wrong in denying you asylum. Your attorney will be given three weeks (21 days) in which to submit this.

After these documents are filed, it usually takes around a year for the B.I.A. to issue its decision. Whether that time will be reduced after the B.I.A. starts refusing cases at the door remains to be seen.

If You Are Denied by the B.I.A.—Appeal to Federal Court

If the B.I.A. denies your appeal, or refuses to accept it at all, you may file another appeal, this time with the federal Circuit Court of Appeals that serves your jurisdiction. If that fails, you may continue your appeal up to the U.S. Supreme Court (if it accepts the case, which is unlikely). Again, you will have to pay filing fees.

Appeals in federal court can be worthwhile for many immigrants, particularly if they were placed with an immigration judge who is known for denying asylum, and indications exist that the B.I.A. merely rubberstamped the decision. Unfortunately, unless you can find an attorney to do volunteer (pro bono) work on your behalf, you might have to pay high legal fees, as federal court appeals are demanding and time consuming.

If you do not file further appeals, you will be expected to leave the United States immediately.

Getting Legal Help

If your asylum application is denied, it is imperative you get the help of an experienced immigration attorney. Your attorney can help you pinpoint exactly why the original application was denied and develop a strategy to help you win your case on appeal. The cost of an attorney to appeal your case will likely be upwards of several thousand dollars, but their experience is critical to making a successful case.