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Can my cousin file for asylum after he overstayed his visa for years ?

Cleveland, OH |

He can't go back right now ,but he has been living here for a few years now,he came on visa but overstayed. I asked one lawyer he told me that he can file only after one year of coming here. well the country was fine years ago but its totally different now and he has no place to go do we have a case?

Attorney Answers 5

  1. Yes your cousin can file. He'll need to show a substantial change in circumstances to overcome the one year bar to filing. If the country conditions are such that he has a colorable claim of persecution or credible fear of returning, then he should strongly consider filing.

  2. Probably not but there may be alternatives such as Withholding of removal or Convention Against Torture Relief. He should consult an attorney for case assessment.

    This answer is provided for general education purposes only and is not intended to provide, nor does it provide, any legal advice.   By viewing this answer you understand and expressly agree that there is no attorney-client relationship between you and the attorney who authored the answer.  Should you need legal advice, please contact a licensed attorney who practices in this area.  Readers of this answer and the information contained herein should not act upon any information contained in this answer without seeking legal counsel.

  3. There are exceptions to the one year rule. Changes in country conditions and extraordinary circumstances are some, but the application must also be filed within a reasonable time from those events.

    JP Sarmiento

  4. He can file, however, he will need to show substantial reason as to why he did not file during his first year. There are two other forms of relief Convention against torture and withholding of removal that do not have the one year rule.
    Have a consultation with an attorney that practices immigration law to review his possibilities.


    Robert Brown LLC
    1468 W. 9th Street, Suite 800
    Cleveland,Ohio 44113

  5. If conditions in his country changed materially, he can apply for asylum now, but he must do it soon after the conditions change. It is VERY advisable that he use a lawyer experienced with late asylum applications.

    From my HTC Sensation 4G on T-Mobile. The first nationwide 4G network

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    Andrew M. Bramante, Rosner Partners, 216-771-5588. Free telephone consultation. You should always consult with an experienced immigration attorney to make certain that the advice you received is appropriate for your particular immigration case.

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