The Immigration and Nationality Act creates the criteria that foreign nationals need to meet if they want to apply for asylum. After receiving an asylum request, an immigration official may choose to accept or deny it. It may also be possible for a case to be referred to a judge in Georgia or another state. Immigration officials may also provide a foreign national will a notice of intent to deny (NOID) a claim because an applicant is not eligible to receive asylum.

In such a scenario, an individual has 16 days to submit further evidence to immigration officials. Those who fail to respond to a NOID document within 16 days will have their claims denied. If an applicant has yet to be fully vetted by immigration officials, his or her application may only be recommended for approval. In most cases, individuals are allowed to work in the United States until their cases are resolved.

It is important to note that individuals could have their applications denied or referred to a judge if any derogatory information is uncovered during a background check. Those who seek asylum in the United States may ask for permission to leave the country and return at a later date. If an applicant leaves the country without permission, it may jeopardize the ability to obtain this type of legal status.

A person who seeks asylum in the United States may maximize the chances of obtaining it by working with an attorney, and it can ultimately be a path to getting a green card. An attorney may be able to help a person fill out paperwork or prepare for a court hearing if a case is referred to an immigration judge. A legal representative may be especially helpful for those who don’t speak, write or other communicate effectively in English.