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

Asked almost 2 years ago - 66061

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!

Attorney answers (3)

  1. Stephen D. Berman

    Contributor Level 20

    1

    Best Answer
    chosen by asker

    Answered . 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... more
  2. Robert Henry Beer

    Contributor Level 14

    Answered . 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... more
  3. Nicklaus James Misiti

    Contributor Level 19

    Answered . 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... more

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