Research Your Immigration Issue

Asylum One Year Filing Rule

How do you apply for asylum if you have been in the US for over one year?

If you are eligible to file for asylum in the United States you must abide by the asylum one year filing rule.

However, there are many exceptions to this rule. Before the Illegal Immigration Reform and Immigrant Responsibility Act of 1996, a person could apply for asylum at any time. This law created a new eligibility requirement that those applying after April of 1998 had to apply within one year of their last arrival. Exceptions to the asylum one year filing rule include changed circumstances which materially affect your eligibility for asylum and extraordinary circumstances related to the delay in your filing.

 

Client Reviews

A Life Changing Law Firm

“My family and I were clients of Mr. Carl Shusterman and I can honestly say that he had a tremendous impact on our lives - a very positive one. Even when my parents had been denied and they had been told to pack and get out of this country, Mr. Shusterman rushed to find an alternative in order to ensure that my parents could stay.”

- Diana Cabrera, Reno, Nevada
Read More Reviews

 

Skype Consultations Available!


Federal regulations provide a non-exhaustive list of ways in which your circumstances could have changed that may make you eligible for an exemption of the asylum one year filing rule. These include but are not limited to:

  • Changed conditions in your country of nationality or last habitual residence
  • Changes in applicable US law
  • Changes in personal circumstances
  • The ending of your spousal or parent-child relationship to the principle applicant in a previous application
  • You have become a refugee since leaving your country

The second possibility for an exemption from the asylum one year filing rule is if you have experienced extraordinary circumstances that caused a delay in applying for asylum. These situations include:

  • Events or factors in your life that directly caused you to miss the deadline
  • Serious illness or mental or physical disability
  • Death or serious illness or incapacity of your legal representative or member of your immediate family
  • Legal disability
  • Ineffective assistance of counsel

Establishing proof that an exception to the asylum one year filing rule applies to you can be difficult. It is your responsibility to provide evidence of the circumstances related to the timing of your application and that the application was filed within a reasonable amount of time thereafter.

Asylum One Year Filing Rule Links

arvo rating shusterman law v2Best Lawyers in America Carl Shusterman Law
Super Lawyers Shusterman LawLexis Nexis Peer Review Rated Shusterman Law

What Can We Help You With - Videos

Senate Testimony

Green Cards Through Employment

Green Cards Through Marriage

 

View More Videos