This blog is not intended to be a substitute for legal representation. It does not create an attorney client relationship. The advice given in this blog is general in nature, and may (or may not) apply to your own particular situation. Immigration law is always changing, and the information provided here is subject to change at anytime. Again, for anyone with an immigration issue it is recommended to hire an immigration lawyer immediately.
1. Don’t delay. Asylum cases are time sensitive. If the application is not filed within 1 year of the applicants last entry into the United States the claim will be prohibited, unless an exception to the filing deadline applies. Exceptions include a change in circumstances or extraordinary circumstances that prevented the timely submission of the asylum application. If the lateness is due to a change in circumstance or an extraordinary circumstance, the filing must occur within a reasonable time after the changed or extraordinary circumstance. If the asylum claim is barred, the applicant might find still relief under withholding of removal or the convention against torture (CAT). However, these alternatives are harder to substantiate than asylum. Also, memories can fade over time, so delay can impact the strength of a case. Documents and records that corroborate a claim might become unavailable or destroyed after a period of time, so going forward in a timely manner is crucial.