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I am an International student from Eritrea, East African and i want to apply for assylum, i have been out of status

Houston, TX |

I have been out of status since the last time i have gone to school was on spring 2012 and i cannot go back home as the country is in a very critical situation due to the dictatorship of the president and the church that am going to, are willing to help as the practise of our religion is forbidden in Eritrea, so am i still eligible to apply for asylum since it has not been a year that i have fall out of status.

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Attorney answers 6


There are many factors when considering to apply for asylum in the United States, and the type of information needed is too sensitive for this forum. I would strongly recommend seeking an office consultation with my office or any of the qualified attorneys found on AVVO. Good luck! This is not legal advice as many facts are still unknown, and an attorney-client relationship has not been created.


I agree with my colleague. Whether or not you are eligible for asylum and whether you have a strong case depends on the particulars of your situation. You should contact an immigration attorney or legal services organization who may be able to help you. - Disclaimer: This a general answer to your legal question. Unless you have a signed engagement letter with me, you should not consider this information to be legal advice.


The "one-year rule" you seem to be mentioning is that an applicant must file for asylum within one year of their last entry to the U.S., not within one year of falling out of status. There are a couple exceptions to this rule, like if circumstances have changed in your country that affect your asylum claim or if extraordinary circumstances kept you from filing in time. There are other considerations to take into account before applying for asylum as well. You should absolutely talk to an immigration lawyer as soon as possible so they can assess your situation more completely.

The information offered is general in nature and not meant to be relied upon as legal advice. No client-attorney relationship is created through this information. Please consult an attorney prior to making legal decisions.


It's a year from admission, not a year out of status. You should expect you cannot be granted asylum without proof of a change in country conditions.

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.


The statutory (legal) 1 year rule-clock starts counting from when you entered the US not when you fell out of status (stopped taking classes or dropped below 12 hours, etc) at school as an F-1 student. There are 5 basis (grounds) for asylum, race, religion, nationality, political opionion, and membership in a particular social group). You have to fear returning to Eritrea, or be unwilling to go back, due to past persecution or fear of future persecution. The biggest obstacle it sounds in your case is the 1 year statutory time period. Its very hard to overcome this. If one can argue "change country conditions" i.e going from safe to bad than you can overcome this or if you have an excuse for "extraordinary circumstances" and thats a really high bar. You should consult with competent counsel to assess your case strength and weaknesses.


You may be eligible. I would recommend speaking directly with an attorney as to whether you should apply and than hiring an attorney to aid you in filing. My firm handles asylum cases.
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.