If you are afraid you have missed the one year filing deadline for asylum, please reach out to us. You may still be eligible!
*Please note that this blog post does not constitute legal advice. Please consult with a qualified attorney to discuss your immigration matters.
On March 29, 2018, in Mendez Rojas v. Johnson, the U.S. District Court for the District Court of Washington issued an important decision in favor of asylum applicants regarding the one-year asylum filing deadline. The government appealed this decision to the 9th Circuit Court of Appeals but while the appeal is pending, they have agreed to accept asylum applications as timely for two groups of individuals.
The first group of individuals who are covered by the Mendez Rojas v. Johnson case meet the following criteria:
- Have been found to have a credible fear of persecution as defined by the immigration laws of the United States;
- Have been or will be released from DHS custody;
- Did not receive a notice from DHS of the one-year filing deadline for asylum applications; and
- Have not filed an asylum application or filed an asylum application more than one year after their arrival in the United States.
The second group of individuals who are covered by Mendez Rojas v. Johnson meet the following criteria:
- Have been or will be detained by DHS upon their arrival to the United States;
- Have expressed a fear of returning to their home country to a DHS official;
- Have been or will be released from custody without a credible fear interview;
- Are issued a Notice to Appear;
- Did not receive a notice from DHS of the one-year filing deadline for asylum applications; and
- Have not filed an asylum application or filed an asylum application more than one year after their arrival in the United States.
If you belong to either group, the immigration court or USCIS should find that your asylum application is timely. Even if you don’t belong to one of these classes and it has been more than one year since your arrival in the United States, you may meet an exception to the one-year filing deadline.
