QUESTION

Can I still apply for asylum after five years?

Asked on Aug 23rd, 2012 on Immigration - New York
More details to this question:
It had been 5 years since I came to the United States. I did not know about asylum but after knowing from my friends about it, I would like to apply for it. I still have good status. My countryโ€™s situation is not good so I cannot think of going back.
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6 ANSWERS

You would need to have a good basis for not having filed for asylum within the 1st year of your being in the US. If you are able to overcome that and have a solid basis on merit for the asylum petition, it may be possible for you to get it approved.
Answered on Aug 29th, 2012 at 11:33 PM

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Immigration Law Attorney serving Long Beach, CA at Law Offices of Brian D. Lerner
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Based on the information you have given, it would be very difficult. You would have to show that within the last year something has happened which now makes you eligible for asylum where that did not previously exist. Also, mere conditions in a country is insufficient by itself to apply for asylum.
Answered on Aug 27th, 2012 at 11:51 AM

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An application for asylum must be filed within 1 year from the date of entry into the U.S. There are some exceptions from this rule, mainly for the cases where the reason for an asylum claim did not arise until recently (for example, a few months ago, while you were in the U.S., there was a military coup in your country, and you cannot safely return there because you were a political activist of the party that is now outlawed by the military junta that came to power). Other exceptions exist, too, but courts treat the 1-year rule very strictly. If your claim for asylum is barred by the 1-year rule, you might qualify for a withholding of removal or for protection under the international Convention Against Torture.
Answered on Aug 23rd, 2012 at 9:29 PM

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Criminal Defense Attorney serving Alhambra, CA at Francis John Cowhig
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Generally you have only 1 year from the date that you enter the U.S. to apply for asylum. After that your asylum claim is barred and you can no longer apply for or be granted asylum. With that being said, there are limited exceptions and circumstances where an asylum application is possible after the 1 year. I suggest that you contact an experienced immigration attorney for a face-to-face consultation and give him/her all of the facts surrounding your situation. He/she would then be in a better position to analyze your case and advise you of your options.
Answered on Aug 23rd, 2012 at 9:29 PM

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You must submit an asylum petition within one year of entering the United States. Filing now, after that much time, could have significant immigration consequences for you. It may be a better idea to see if there are other grounds for obtaining status.
Answered on Aug 23rd, 2012 at 9:28 PM

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Immigration Law Attorney serving New York, NY
Please explain to me how after being here 5 years you still have a good status? If you can prove a credible fear of persecution for returning to your country. You could succeed in obtaining withholding of deportation or legal status through the convention against torture.
Answered on Aug 23rd, 2012 at 9:28 PM

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