What is the timing of an application for asylum?

Get Legal Help Today

 Secured with SHA-256 Encryption

What is the timing of an application for asylum?

My I-20 as well as my EAD card will expire in 3 months. I am applying for asylum in 2 weeks. I was wondering if my application form will be expedited and how long would it take for me to get an interview with an officer?

Asked on November 2, 2011 under Immigration Law, Minnesota

Answers:

SB, Member, California / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

An asylum application should be filed within 1 year of entering the US.  If you are filing it beyond that time frame, you will need to explain what the extraordinary circumstances or change in circumstances is that prevented you from filing it in a timely manner.  There will be no special provision to expedite your application just because your EAD is expiring.  However, if you remain in the US beyond the EAD expiration and the asylum application is denied, it will be referred to an immigration judge in removal proceedings where you can make another application for asylum.  Don't just file if that's the only way you can think of to stay in the US; it will most likely be denied.  Only file if you have a credible claim to asylum.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption