For many people seeking safety in the United States, the legal process is often as stressful as the journey that brought them here. A common and urgent question for our clients at Bartell, Georgalas & Juarez in Columbus, Ohio, is, "Can the government deport me while my asylum application is still in progress?"
The brief answer is usually no. However, the legal reality involves specific rules. You need to know the difference between being "deportable," being "detained," and the actual execution of a removal order.
The Legal Protection of a Pending Application
When you file for asylum, you are asking the United States for protection because you fear persecution in your home country. Once your application is officially received by U.S. Citizenship and Immigration Services (USCIS) or the immigration court, you gain a specific legal standing.
While your application is under review:
- Protection from Removal: Generally, the government cannot send you back to your home country while your asylum claim is being decided. The law requires that you receive a fair hearing before any final removal actions occur.
- Authorized Stay: You are considered to be in a period of authorized stay. This means even if your original visa ended, you are not building up "unlawful presence" while the asylum office or the court reviews your case.
- Work Permits: After your application has been waiting for a certain number of days, you can apply for an Employment Authorization Document (EAD). This allows you to work legally in Ohio or anywhere else in the country.
To see the specific requirements for filing your claim, you can visit our asylum services page.
The Difference Between Deportation and Detention
It is a common mistake to think that because you cannot be deported, you cannot be held by authorities. As the Asylum Seeker Advocacy Project (ASAP) explains, applying for asylum does not stop the government from detaining you.
The government has the power to place asylum seekers in immigration detention centers under certain conditions, including:
- If you were taken into custody at the border when you arrived.
- If you have a past criminal record.
- If the government believes you might not show up for court or that you are a threat to the public.
While being in detention is a difficult experience, it is not the same as being deported. Even if you are held in a facility, you still have the right to move forward with your asylum claim and speak to a judge.
When the Risk of Removal Increases
While a pending application provides a shield, that protection is not permanent. Certain choices or events can put your status at risk and lead to the start of deportation:
- Missing Your Dates: If you do not show up for an asylum interview or a scheduled hearing in immigration court, the judge can issue an "in absentia" order of removal. This means you can be deported simply because you were not there.
- Criminal Convictions: Certain crimes, especially serious felonies, can make you ineligible for asylum. These convictions often lead to immediate removal efforts.
- A Final Denial: If an immigration judge denies your asylum application and you do not file an appeal within the required time, the protection against deportation ends.
Working Through the System in Columbus, Ohio
The immigration system changes often. Policy shifts can change how cases are handled in local offices and the Columbus immigration court. Having a local lawyer is often the best way to ensure your claim is handled correctly.
Why You Need Legal Help:
- Gathering Evidence: Proving a "well-founded fear" of return requires a lot of paperwork, witness statements, and reports on the conditions in your home country.
- Meeting Deadlines: One missed date or a single mistake on a form can result in a denial.
- Court Representation: If your case goes to immigration court, you need an attorney to speak for you, question witnesses, and present legal arguments to the judge.
Common Questions About Asylum Status
Can I travel while I wait for a decision? Leaving the U.S. while your asylum case is pending is very risky. If you go back to the country you fled, the government will assume your fear was not real and will cancel your application. If you have to travel to a different country, you must get permission through "Advance Parole" first.
What happens if my first interview does not go well? If USCIS does not grant your asylum claim after your interview, and you do not have another legal status, they will refer your case to the immigration court. This is not a final rejection. It is a second opportunity to explain your situation to a judge.
How long will I have to wait? Because of the number of people applying, the process can take years. During this time, you must keep your address updated with the court and USCIS so you do not miss any important letters.
Contact Bartell, Georgalas & Juarez Today
If you are concerned about your status or are ready to start your asylum application, you do not have to do this alone. The stakes are too high to rely on guesses. At Bartell, Georgalas & Juarez, we work to protect the rights of people looking for a safe home in Ohio.
Our team helps you understand the law, organizes your documents, and stands with you in front of USCIS or the judge. Your safety is our main concern.
To talk with an immigration attorney about your case, please visit our contact page or call our office in Columbus.
