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IS MY SECOND ASYLUM APPLICATION SUBJECTED TO THE ONE YEAR RULE WHEN MY FIRST APPLICATION WAS DENIED?

Olathe, KS |

I did apply for asylum in 2010 and got denial notice immediately after (NOID) was responded to. Though the denial letter stated that I have credible fear, believable and truthful but my torture claim was not strong enough. I was never referred to an immigration court. I filed a 2nd application 2011 and was interviewed in May 2012. I got a re feral notice yesterday with the following charge:

" Although you have established changed circumstances materially affecting your eligibility for asylum, or extraordinary circumstances directly related to your delay in filling, you failed to file your application withing a reasonable period of time given those circumstances".

The beginning of the letter states that I should have filed within one year of the date of my last arrival.

Please help!

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Attorney answers 3

Posted

It seems to me that if your initial application was filed within one year of entry, you are not subject to the one year bar.

The above is intended only as general information, and does not constitute legal advice. You must speak with an attorney to discuss your individual case.

Asker

Posted

Thanks Stephen for your response. I was told by the AO that my application was good and not subject to the one yr rule since my first application was filed within 1 yr of my arrival. So I was surprise to see my case referred on issues I think was settled. AO office want an immigration judge to decide if my application was filed within a reasonable time. So what is a reasonable time is my challenge since I did filed within 1 yr earlier and was denied.

Posted

As part of your relief you can ask for asylum, CAT and/or withholding of deportation, but the burden will be on you to demonstrate why you did not file the I-589 without 1 year of arrival. In retrospect, it may not have been wise to ask for asylum a 2d time. A good attorney may have advised you of this. I would strongly urge you to retain my legal services of that of one of my colleagues. Hope this helps. Wishing you well. I can be reached at either (678)576-9394 or via e-mail at bob@bobbeer.com. THINK IMMIGRATION - THINK BOB BEER.

This communication does not create an attorney client relationship. If I can be of further assistance, please feel free to contact me at any time at either (770)955-1785 or (678)576-9394 or via e-mail at bob@bobbeer.com. THINK IMMIGRATION - THINK BOB BEER

Asker

Posted

Thanks for your response! I think you may not have understood my question(s). I did file within one year and it was denied and never referred to court. This my second application which I got interviewed for and now referred on the basis of the one year rule. So my question is what happened to my first application that was filed within one year?

Robert Henry Beer

Robert Henry Beer

Posted

I don't know. Maybe you need to, at a minimum, do a Freedom of Information Act ("FOIA") request. Better yet, get a lawyer NOW.

Posted

What happened with the first application? You said you were referred to a judge? Did you see the judge? Did the judge make any decisions? If you are doing this yourself you are making a huge mistake. This type of application is extremely complicated without these issues. From what you stated it sounds like you have a good case but are having problems following the correct procedures. Hire an attorney. My firm handles these types of cases.
Regards,
Nicklaus Misiti
Law Offices of Nicklaus Misiti
212 537 4407

Legal disclaimer: The statement above is general in nature, as not all the facts are known. You should retain an attorney to review all the facts specific to your case in order to receive advise specific to your case. The statement above does not create an attorney/client relationship.

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