Home > Research Legal Advice > Immigration > I am an International student from Eritrea, East African and i want to a...
Asked 5 months ago - Houston, TX
FlagI have been out of status since the last time i have gone to school was on spring 2012 and i cannot go back home as the country is in a very critical situation due to the dictatorship of the president and the church that am going to, are willing to help as the practise of our religion is forbidden in Eritrea, so am i still eligible to apply for asylum since it has not been a year that i have fall out of status.
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The "one-year rule" you seem to be mentioning is that an applicant must file for asylum within one year of their last entry to the U.S., not within one year of falling out of status. There are a couple exceptions to this rule, like if circumstances have changed in your country that affect your asylum claim or if extraordinary circumstances kept you from filing in time. There are other considerations to take into account before applying for asylum as well. You should absolutely talk to an immigration lawyer as soon as possible so they can assess your situation more completely.
The statutory (legal) 1 year rule-clock starts counting from when you entered the US not when you fell out of status (stopped taking classes or dropped below 12 hours, etc) at school as an F-1 student. There are 5 basis (grounds) for asylum, race, religion, nationality, political opionion, and membership in a particular social group). You have to fear returning to Eritrea, or be unwilling to go back, due to past persecution or fear of future persecution. The biggest obstacle it sounds in your case is the 1 year statutory time period. Its very hard to overcome this. If one can argue "change country conditions" i.e going from safe to bad than you can overcome this or if you have an excuse for "extraordinary circumstances" and thats a really high bar. You should consult with competent counsel to assess your case strength and weaknesses.
