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.
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 firstname.lastname@example.org. 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 email@example.com. THINK IMMIGRATION - THINK BOB BEER
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.
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.