Reentering after asylum denial
Can I re-enter the US after asylum denial?
I have been denied asylum by immigration. I was not send to court because i am still in status. I am planning to leave voluntarily. Can I re-enter the US with a valid non immigrant visa after a short period of time? Thank u
If you stay beyond your status and accumulate more than 180 days of unlawful presence, you may be subject to either three or ten-year bars.
If you leave before your legal status expires, then next time when you apply for non-immigrant visa you may have difficult time getting one. The reason is by applying for asylum, you have already expressed an intent to stay permanently in the U.S. And the main requirement for obtaining a non-immigrant visa is to show consular officer that you do not have an immigrant intent.
Besides, given you claimed fear of persecution and then returned to your home country, a counselor officer may also suspect you in fraudulent asylum application.
In the situation described above, it is definitely a good idea to hire an experienced immigration attorney for consular representation.
All the best!
Last Update: Fevral 7, 2019