Frivolous Asylum Claims Bars Applicant From All Immigration Benefits

The United States extends asylum status to those that truly deserve it. Unfortunately, some foreign nationals apply for asylum under false claims, prompting the addition of the "frivolous application" rule as a deterrent. 

A "frivolous" application is one that is based on fabricated key facts of the case.  If found to have submitted a frivolous application, the applicant will be barred from immigration benefits, although there has been some controversy as to how large the scope of the bar is. The Ninth Circuit Court, a federal appellate court, held that the bar is to apply to the entire Immigration and Nationality Act (INA), meaning all immigration benefits.

The petition in question involves a man who was to be deported for a 1999 filing of an asylum application under a fake name. He had already lived in the country for 14 years since then and had a green card. He filed for a waiver of deportation under section 237(a)(1)(H) of the INA, which was denied. Then, he filed a petition for review on the decision. (Manhani v. Barr, 11/25/19) 

Under Section 208(d)(6) of the INA, if an applicant has filed a frivolous asylum application and  has received notice of the consequences and their privilege of counsel, they "shall be permanently ineligible for any benefits under this chapter". When the applicant in Manhani argues that the bar applies to asylum benefits. The Court denied the petition review, saying that the words are to be interpreted as covering the whole Immigration and Nationality Act. When the asylum application was found to be frivolous, the applicant was presumed to have been barred from all immigration benefits. This included a waiver for deportation. 

This decision, once again, confirms that a frivolous asylum application bars the applicant from all immigration benefits, effectively preventing the person from entering and staying in the country legally.  Unfortunately, many foreign nationals are persuaded by certain "consultants" and "notaries" in their community to file baseless asylum applications in order to obtain a work permit.  Often times, the foreigners don't even know what is stated in their asylum applications.  At the end, when they have a valid basis to apply for residence status, their applications will be denied because of the previous frivolous asylum application.