Call today to schedule your immigration consultation 954-385-0157 or email: BAlvarado@Blandon-Law.com.

Blandon Law Immigration

Monday, December 21, 2009

One Year Deadline for Asylum


     A foreign national must apply for asylum within one year after entering the U.S.  There are various exceptions to this, where the person's personal circumstances or the country circumstances have changed since entry.  If asylum is granted, s/he (and spouse and children) can apply for legal permanent residency one year after the approval.
     Importantly, the one year deadline does not apply at all if the foreign national qualifies for withholding.  Withholding means that the foreign national cannot be deported to a specific country because his or her life would be harmed upon return.  Under the law, an Immigration Judge does not even have discretion to deny a withholding claim if the evidence demonstrates that the foreign national qualifies.
    The one year deadline also does not apply to Convention Against Torture claims.  In those cases, a foreign national cannot be returned to his or her home country because the United States has signed an international treaty forbidding such a return.  In a CAT claim, the foreign national must demonstrate the government acquiesced to the torture.

General Frequently Asked Questions

Call today to schedule your immigration consultation

954-385-0157 or email: blandonappts@aol.com