What is the timing of an application for asylum?
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What is the timing of an application for asylum?
My I-20 as well as my EAD card will expire in 3 months. I am applying for asylum in 2 weeks. I was wondering if my application form will be expedited and how long would it take for me to get an interview with an officer?
Asked on November 2, 2011 under Immigration Law, Minnesota
Answers:
SB, Member, California / FreeAdvice Contributing Attorney
Answered 13 years ago | Contributor
An asylum application should be filed within 1 year of entering the US. If you are filing it beyond that time frame, you will need to explain what the extraordinary circumstances or change in circumstances is that prevented you from filing it in a timely manner. There will be no special provision to expedite your application just because your EAD is expiring. However, if you remain in the US beyond the EAD expiration and the asylum application is denied, it will be referred to an immigration judge in removal proceedings where you can make another application for asylum. Don't just file if that's the only way you can think of to stay in the US; it will most likely be denied. Only file if you have a credible claim to asylum.
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