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Asylum - Frequently Asked Questions

7.

What are extraordinary circumstances related to exception to the one year filing deadline for Asylum?

Extraordinary circumstances may include but are not limited to the following:

  • Serious illness or mental or physical disability, including any effects of persecution or violent harm suffered in the past, during the one year period after arrival
  • Legal disability. For example, you were an unaccompanied minor or suffered from a mental impairment during the one year period after arrival
  • Ineffective assistance of counsel, provided that:
  • You file an affidavit setting forth in detail the agreement that was entered into with counsel with respect to the actions to be taken and what representations counsel did or did not make to the respondent in this regard
  • The counsel whose integrity or competence is being impugned has been informed of the allegations leveled against the counsel and given an opportunity to respond; and
  • You indicate whether a complaint has been filed with appropriate disciplinary authorities with respect to any violation of counsel’s ethical or legal responsibilities, and if not, why not
  • You maintained Temporary Protected Status, lawful immigrant or nonimmigrant status, or was given parole, until a reasonable period before the filing of the Asylum application
  • You filed an Asylum application prior to the expiration of the one year deadline, but that application was rejected by the Service as not properly filed, was returned to you for corrections, and was re-filed within a reasonable period thereafter; or
  • The death or serious illness or incapacity of your legal representative or a member of your immediate family

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8.

How do I apply for Asylum in USA?

To apply for Asylum, you will need to complete Form I-589, Application for Asylum and for Withholding of Removal, and follow the instructions carefully.

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