What is the “one-year filing deadline”?
The “one-year filing deadline” is a critical rule in immigration law, particularly for asylum seekers in California. The rule states that any individual who wishes to apply for asylum must do so within one year of arriving in the United States. If they fail to file an asylum application within this period, they may be prohibited from entering the country or face deportation. The one-year filing deadline is a strict rule, and an individual’s failure to file an asylum application within the time frame can have serious repercussions. An individual is only allowed to be exempt from the one-year filing deadline in a few instances, such as if they can prove that changed circumstances prevented them from filing within the year. This could include if the individual was originally denied entry at the border, or if a new law was enacted following the person’s arrival in the U.S. If a person exceeds the one-year filing deadline, it is critical that they speak with an attorney who is experienced in immigration law. An attorney can help evaluate the individual’s circumstances and, if possible, provide options for overcoming the one-year filing deadline. In some cases, an individual may still be able to seek asylum even if they are outside the one-year filing deadline.
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