Asylum-Seekers Must File Their Claim by March 31, 1998
Posted Oct 12, 1998

New Deadline Provides that asylum-seekers must apply within one year of arriving in the U.S. and applicants filing frivolous claims could be barred from ever receiving legal status.

Asylum is special permission to live in the U.S., granted to persons who are fleeing persecution in another country based on political beliefs, religion, or race. A person who is granted asylum can stay in the U.S. and has permission to work. He or she can apply for a green card one year after receiving asylum.

Foreign nationals seeking asylum in the U.S. must file their asylum claim within one year of their arrival within the U.S. or before April 1, 1998, whichever is later. According to the 1996 Illegal Immigration and Immigrant Responsibility Act (IIRAIRA), asylum-seekers who miss this deadline will then be barred from applying for asylum in the U.S. (with certain limited exceptions). Asylum- seekers arriving in the U.S. after April 1, 1997, must file within one year of their date of arrival.

A foreign national should not file for asylum merely to remain in the U.S. If the government determines that the case was filed frivolously, the applicant can be barred for life from ever receiving any type of legal status in the U.S. If the asylum case is not approved and the applicant does not have legal status, he or she will immediately be put into removal proceedings. Depending on how long the person had been in the U.S. without legal status, he or she could be barred from returning to the U.S. for ten years.

It is critical that asylum-seekers discuss their cases with a qualified professional before applying. It is safe to be wary of "notarios," unqualified or unscrupulous persons or those who act as immigration consultants and who offer an easy solution to live and work in the U.S.

Anyone who is eligible for asylum must apply before the April 1, 1998 deadline, or before they have been in the U.S. for one year. It may take some time to properly prepare and document a foreign nationals asylum case. Therefore, those interested in applying for asylum should immediately contact an immigration attorney.