Legal Question in Immigration Law in California

I came to the US with nonimmigrant visa (F1). It's been 1 year and 4 months now. I'll apply for asylum visa but I'm confused with 1-year deadline. However, I've read that I still can apply because my nonimmigrant visa hasn't ended. Can you enlighten me? What should I write to reason part of the form?


Asked on 1/26/17, 10:51 am

1 Answer from Attorneys
Marlene Hemmings Marlene Hemmings, Attorney at Law

You can only file for political asylum more than one year after your arrival if you had some sort of extenuating circumstances or there was a change in the situation in your country. And it is up to the Asylum Officer/Immigration Judge to decide whether or not you have proven that.

I would consult with an immigration Attorney experienced with Credible/Reasonable Fear/Political Asylum Cases before you file anything, or you could wind up getting deported. Please be very cautious with political asylum cases! Do not file any frivolous claims.

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Answered on 1/27/17, 2:07 pm


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