Can someone maintaining legal status apply for asylum after the 1 year deadline?

My husband is on F2 visa stayed in the US for 3 1/2 years. He had problems in the past due to his political opinion; they are searching for him now back in his country and detained his brother. Can he apply for asylum?

Asked on June 26, 2012 under Immigration Law, Georgia


SB, Member, California / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

Yes, you can apply if there are extenuating circumstances and you can explain and provide proof thereof.  The extenuating circumstances would have had to come about after a year of you being in the US which is why the asylum is not filed within the 1 year timeframe.

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