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Bars to Applying for Asylum PDF Print E-mail

 

Ineligibility to Apply for Asylum

  An asylum-seeker is ineligible to apply for asylum under section 208(a)(2) of the INA if he or she:

 

  • Failed to file an asylum application (Form I-589) within one year of his or her last arrival in the United States or April 1, 1997, whichever is later
Exception to the I-Year Filing Deadline:

The applicant demonstrates either the existence of changed circumstances* which materially affect the applicant’s eligibility for asylum or extraordinary circumstances** relating to the delay in filing.  The applicant needs to have filed the application within a reasonable time given the exception.  See 8 CFR § 208.4.
  • Previously applied for asylum and was denied by an Immigration Judge or the Board of Immigration Appeals
Exception to Previous Denials of Asylum:

The applicant establishes the existence of changed circumstances* which materially affect his or her eligibility for asylum.
  • Can be removed to a safe third country pursuant to a bilateral or multilateral agreement
USCIS published regulations implementing a bilateral agreement between the United States and Canada on November 29, 2004. Unless asylum-seekers arriving at a U.S./Canada land border port of entry or transiting through the United States while being removed from Canada fall within an exception to the agreement, they will be returned to Canada to seek protection there.

 

*Changed Circumstances: 8 CFR § 208.4(a)(4)

These may include but are not limited to the following:

  • changes in conditions in the applicant’s country of nationality or, if the applicant is stateless, country of last habitual residence;

  • changes in the applicant’s circumstances that materially affect the applicant’s eligibility for asylum, including changes in applicable U.S. law and activities the applicant becomes involved in outside the country of feared persecution that place the applicant at risk; or

  • in the case of an alien who had previously been included as a dependent in another alien’s pending asylum application, the loss of the spousal or parent-child relationship to the principal applicant through marriage, divorce, death, or attainment of age 21.

**Extraordinary Circumstances:  8 CFR § 208.4(a)(5)

These may include but are not limited to the following:

  • serious illness or mental or physical disability, including any effects of persecution or violent harm suffered in the past, during the 1-year period after arrival;

  • legal disability (e.g., the applicant was an unaccompanied minor or suffered from a mental impairment) during the 1-year period after arrival;

  • ineffective assistance of counsel, provided that:

     

    1. the applicant files an affidavit setting forth in detail the agreement that was entered into with counsel with respect to the actions to be taken and what representations counsel did or did not make to the respondent in this regard;

    2. the counsel whose integrity or competence is being impugned has been informed of the allegations leveled against him or her and given an opportunity to respond; and

    3. the applicant indicates whether a complaint has been filed with appropriate disciplinary authorities with respect to any violation of counsel’s ethical or legal responsibilities, and if not, why not;

  • the applicant maintained Temporary Protected Status, lawful immigrant or nonimmigrant status, or was given parole, until a reasonable period before the filing of the asylum application;

  • the applicant filed an asylum application prior to the expiration of the 1-year deadline, but that application was rejected by the Service as not properly filed, was returned to the applicant for corrections, and was refiled within a reasonable period thereafter; or

  • the death or serious illness or incapacity of the applicant’s legal representative or a member of the applicant’s immediate family.
 
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Corporate Immigration:
Immigration Court and Appeals: Immigration Delays and Citizenship:
Inadmissibility:
I-9 Compliance
E-Verify

LCA/Public Access File Compliance and Audits
Mergers and Acquisitions
Defensive Asylum
Motion to Reopen
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Immediate Relative Petitions Spouse, Parents & Children of Citizens
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EB1A: Aliens of Extraordinary Ability
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EB2: Advanced Degree Worker (PERM – Labor Certification Based)
EB3: Professional / Skilled / Unskilled Workers (PERM – Labor Certification Based)
EB4: Religious Worker
EB5: Investor Visa

E1: Treaty Trader
E2: Treaty Investor
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L1A/L1B : Intra-company Transfers
O1: Aliens of Extraordinary Ability
P1: Athletes and Entertainers
R1: Religious Workers
TN: Professional Canadians and Mexicans

B1/B2: Business or Tourist Visas
F-1: Students at Academic Institutions
J1: Exchange Visitors – Home Residency Waivers
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Attorney Shah Peerally is a California Immigration Lawyer offering immigration legal services in the San Francisco Bay area. As a Californian immigration attorney in the Bay Area, his law firm situated in Newark focuses on immigration laws with an emphasis on employment based immigration including but not limited to H1B visa, L1A visa, L1B visas, PERM Labor Certifications. His law firm in Newark, California also handles Family based petitions and VAWA petitions. H1B Immigration attorney Shah Peerally provides immigration legal services to clients in Northern California, Silicon Valley vicinity, and Southern California, including: San Jose, Fremont, Newark, San Francisco, San Rafael, San Mateo, Millbrae, San Bruno, South San Francisco, Oakland, Berkeley, Hayward, Pleasanton, Redwood City, Milpitas, Saratoga, Livermore, Richmond, Santa Clara, Palo Alto, Dublin California, Mountain View California, Mt. View California, Silicon Valley, South Bay, Campbell, Los Altos, Los Gatos, Sunnyvale California, Gilroy California, Los Angeles California, and San Diego California. In addition, we are an American Immigration Law Firm serving PERM Labor Certfication clients in USA

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