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Is it possible to adjust F-1 visa to Asylum after 365 days of enterance?

Riverside, CA |

My student friend from Iran is convering from Islam to Christianity. He was here for more than one year and less than two years. When I encouraged him to file for religious Asylum we realized the condition is that he should have applied no more than 365 days after he entered here in US. He is here by F-1 student visa and never knew anything about Christianity so far. Did he lose his chance to file for Asylum status?

Attorney Answers 3

Posted

The key here is to have a competent immigration attorney do an analysis to see whether you can calculate the 365 days starting with the date of your friends conversion. As noted by one of the other attorneys, a significant change in YOUR FRIEND'S circumstances or the COUNTRY'S conditions might allow a calculation of the 365 days from a different starting point.

It does not pay to dither around with this one; the clock is ticking. You should chat with a competent immigration attorney.

I must remind you that although I am an attorney, I am not YOUR attorney. The information I am providing you is general information about the law. If you would like specific information or advice, I am going to suggest that you make an appointment to come in, or call, to chat with us.

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Posted

Usually, filing for asylum I-589 in the United States after one year deadline takes additional steps of showing the exact changes in the circumstances or the country conditions in questions that did not permit to file within the required one year.
Then the Service will review the above and will either accept the filing or reject it as insufficient.
Usually, such an asylum case requires a more detailed preparation to show the requisite reasons that may satisfy the USCIS as valid explanations requested in such cases.

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1 lawyer agrees

Posted

I agree with my colleague.

IMMIGRATION LAW PROFESSOR for 10 years -- LEGAL DISCLAIMER: This answer is offered for informational purposes only. It does not constitute an attorney-client relationship.

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