If the asylum officer finds that the alien does not have a credible fear of persecution then the alien will be excluded from the United States unless he or she asks for review of the case before the immigration judge. If upon review the judge finds that the alien has a credible fear of persecution the alien may apply for asylum before the immigration court. If the judge does not find credible fear the alien will be ordered excluded from the United States without any further right of appeal. Many aliens who are found to have a credible fear of persecution and then apply for asylum with the immigration judge will not prevail because of the higher standard required for a grant of asylum. An alien who loses his or her asylum case before the immigration judge has no further right to appeal and is ordered removed from the Untied States.
Most aliens remain in detention while their cases are pending.
An alien who is found to have a credible fear of persecution is eligible to apply for parole, which is granted at the discretion of the District Director. The INS will consider various factors in granting parole including close family ties in the United States and the likelihood that the alien will appear for the hearings. Aliens in expedited removal proceedings are ineligible for voluntarily departure and if removed from the United States are ineligible to renter for five years. Aliens already in the United States who wish to apply for asylum with the Asylum Office must now apply within one year of entry. However, an alien may apply for asylum after one year if he or she can show exceptional circumstances, such as changed country conditions or a reason beyond the alien's control for not filing an application timeously.