Minnesota Asylum One Year Filing Rule Attorney

Asylum One Year Filing Rule

The general rule is that if you are eligible to apply for asylum within the United States, that your application must be submitted within the first year of your being in the country. However, there are several exceptions to this rule.

Prior to the Illegal Immigration Reform and Immigrant Responsibility Act of 1996, you could apply for asylum at any point. After this point, the rule was changed to where those applying must do so within one year of their last arrival to the United States. Two of the major exceptions to this rule are extraordinary circumstances related to the delay in your filing, and a change in circumstances which materially affect your eligibility for asylum.

According to Federal Regulations, extraordinary circumstances that you might have experienced, causing a delay in your filing for asylum in the United States within your first 12 months include, but are not limited to:

  • You have experienced legal disability
  • You have sustained a serious disability or illness
  • You had an ineffective assistance of counsel
  • There was a death or serious illness or incapacity of your legal representative or an immediate family member.

Federal regulations actually provide a list of ways in which circumstances in your life might have changed that would make you eligible for an exemption for the one year filing rule. These exceptions changes include, but are not limited to:

  • The ending of a relationship within your immediate family (such as spousal or parent-child) that affects your relationship with the principle applicant in a previous application that was filed.
  • Any changes made in applicable United States Laws
  • Changes in your personal circumstances
  • If you have become a refugee since leaving your home country

It can be difficult to prove that your situation falls in to one of these categories that provides you the exception to the asylum one year filing rule. Because of this, it is your responsibility to provide as much evidence of these situations and circumstances as possible along with the completed application within a reasonable time frame after the 12 months.

We welcome your call today at 952-361-5556 (or fill out the free case evaluation form below) to help you through the legal issues of your case.

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