HOW TO APPLY FOR ASYLUM - The Florence Project

danger before).
OR
2) There were “extraordinary circumstances” you had no control over (meaning you were in an
unusual situation) that kept you from filing for asylum within a year of your entry into the U.S. Here
are some examples:
• you were very sick
• you had a long period of mental or physical problems, including emotional or physical problems
because of violence against you or persecution you suffered
• you were under age 18 and living without your parent or legal guardian
• you had a lawyer and your lawyer did not inform you that you had to file within a year of entry
• you did file your application within one year of arriving but it was sent back to you for some
reason and you soon filed it again
• your lawyer or someone in your family died or had a serious illness
• you have “temporary protected status” under a special law; a non-immigrant visa; are a lawful
permanent resident; or in a status called “parole.”
No matter what it was that kept you from filing within one year of entering the U.S., you still have to show that
you are filing for asylum within a “reasonable” amount of time. For example, if the change in governments in
your country put you in danger 2 years ago and you knew about it, the judge is likely to find that you waited too
long and cannot now apply.
If you are filing your asylum application more than one year after arriving in the United States,
be prepared to explain to the judge why you waited!
Include with your asylum application any proof you can get to show why you waited. For example, if you were
having physical or emotional problems, get a letter from your doctor or counselor, if you went to one.
Remember if the judge decides that you missed the one year deadline and that you cannot apply for
asylum, you can still apply for withholding of removal.
• What is the rule if you were denied asylum in the U.S. before
If you applied for asylum in the U.S. at an Asylum Office but not with the Immigration Court, you can apply
for asylum again. In that case, you may have had an interview with a person called an “Asylum Officer.” But
if you applied for asylum and were denied by an Immigration Judge or a higher court called the Board of
Immigration Appeals, you cannot apply for asylum now.
However, this rule does not apply if you can show that important changes happened since you lost your asylum
case or there are “extraordinary circumstances,” such as those we just explained, that existed at the time of
your case. Also, remember that this rule does not keep you from being able to apply for withholding of
removal.
• What is the rule if you were “resettled” somewhere before coming to the U.S.
You are not eligible for asylum if, after you left your country, you were “firmly resettled” in another country.
This means that the other country offered you lawful permanent residence, citizenship, or some other type of
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FIRRP- last update June 2007