The answer is within a "reasonable" period of time after falling out of status. What is reasonable depends on many factors and who is deciding. It is fair to say 0-3 months is reasonable. 6 or more months is generally not reasonable. The "gray area" is usually 3-6 months. if you can do it within the first 3 months, I would advise you do so to save your self unnecessary headache.
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Reasonable time counting from that date your nonimmigrant visa expired or one year from the date of last arrival to the USA, whichever you prefer. Board of Immigration Appeals did not define what reasonable time meant in this context but held that up to six months time was presumptively reasonable.
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I agree with my esteemed colleagues. In addition to the information they have provided, I would add that you should seek the assistance of an experienced immigration attorney to help you organize and prepare your asylum application. Asylum can be a complicated process and having an experienced immigration attorney backing you up on this can be an invaluable asset.
The Law Office of Andrew Chung, PLLC. (832) 409 0117. Andrew@Chung-Law.com . The statement above is general in nature and does not constitute legal advice, 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. Answers on Avvo can only be general ones, as specific answers would require knowledge of all the facts. As such, they may or may not apply to the question.