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.
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.
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
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