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  • US asylum

    I repreesent a guy who waited some 5 years after ariving in the US to file for asylum, while he went from F-1, to a dubious marriage with a US citizen, to simple overstay (now in removal proceedings), whose explanation for not filing for asylum earlier is that he was afraid to endanger his relatives back home by asking them to dig up necessary corroborating documentation. Anybody think this could qualify as aan "extraordinary circumstance" excusing complaince with the one-year filing deadline? Anyone with experience making the argument?

    It seems to me an entirely valid reason for putting off the asylum filing until all else fails, but is hardly "extraordinary". It is all too ordinary. That just leaves the problem where it really is: the one-year deadline itself.

    Anyway, any advice would be appreciated.

    My email is adamkimmell@attbi.com and my phone is 503.231.8366.

    Thanks.

    -Adam Kimmell

  • #2
    I repreesent a guy who waited some 5 years after ariving in the US to file for asylum, while he went from F-1, to a dubious marriage with a US citizen, to simple overstay (now in removal proceedings), whose explanation for not filing for asylum earlier is that he was afraid to endanger his relatives back home by asking them to dig up necessary corroborating documentation. Anybody think this could qualify as aan "extraordinary circumstance" excusing complaince with the one-year filing deadline? Anyone with experience making the argument?

    It seems to me an entirely valid reason for putting off the asylum filing until all else fails, but is hardly "extraordinary". It is all too ordinary. That just leaves the problem where it really is: the one-year deadline itself.

    Anyway, any advice would be appreciated.

    My email is adamkimmell@attbi.com and my phone is 503.231.8366.

    Thanks.

    -Adam Kimmell

    Comment


    • #3
      I don't know how successful you will be to gain the attention of many immigration attorneys on this board. I've not seen many post here.

      I once employed a young woman who was in a similar situation. Here initially on an student visa, she met an American and married, and had hoped to adjust, but the marriage failed. Being from Belarus, she had participated in some college demonstrations which she felt would cause some grave concerns in her native land, and when it was clear she might have to return to Belarus she filed for asylum. Therefore, her application was filed well after the one-year requirement. Whether or not she was or would have been successful I don't know, as in the interim she met another USC and married again.

      Comment


      • #4
        AKIMELL,

        straight to the point from someone who's been there. by asking for assylum, all u can do is push back deportation. let's be honest, it's the only thing left(looks like)that person has.no, u don't have a good case. yes, u will be denied asylum. if i have more info, such as (criminal convictions)(how long in the country)..ect, maybe u could go for cancellation of removal and ajustment of status. other than that, looks like u r just trying to stay in the us. by the way, u can buy a lot of time while asking for asylum, but.....

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