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Options for Indian Immigrants Seeking Asylum in the U.S. After One Year

As immigration attorneys, at Shepelsky Law Group we frequently work with immigrants who entered the U.S. with hopes of finding safety and stability, only to face uncertainty in their journey inside the US.  For many Indian immigrants, the asylum process is an essential path toward legalizing their status in the U.S. However, a common concern is the 1-year filing deadline for asylum applications. Many Indian clients tell us that they did not realize about the importance of filing within the one year, and they did not have the resources nor knowledge of filing for asylum timely. 

While the law generally requires asylum seekers to file within one year of their arrival in the U.S., it’s important to know that there are still viable options available, even if this deadline has passed.

Here’s what Indian immigrants should know if they are looking to file for asylum after the 1-year deadline:

1. Exceptions to the One-Year Filing Deadline

The U.S. asylum process typically requires that applicants file within one year of their arrival. However, the law does provide exceptions for certain circumstances. These exceptions include:

  • Changed Country Conditions: If there have been significant changes in your home country that make it unsafe for you to return, you may still qualify for asylum even after the 1-year deadline has passed. For Indian nationals, recent political, social, or religious changes may create a valid reason to file later.
  • Extraordinary Circumstances: If you were unable to file within the deadline due to extraordinary circumstances (such as severe illness, legal incapacity, or the death of a family member), you may still be eligible to apply. This could apply to those who have faced major personal challenges or obstacles during their time in the U.S.
  • Delay Due to Immigration Status: If you were unable to file because you were unaware of the deadline or were misinformed by someone you trusted (such as an immigration consultant), you might be able to argue for a late filing based on these circumstances.

2. Filing for Asylum Even After One Year

If you are an Indian national and you’ve already missed the one-year deadline, it’s essential to consult with an experienced immigration attorney. There may be options to still apply for asylum by demonstrating that you meet one of the exceptions or can prove that you qualify for asylum under the conditions of your case.

3. Other Pathways to Legalization

Even if you cannot file for asylum, there are other potential ways to legalize your status in the U.S. These pathways include:

  • Adjustment of Status Through Family or Employer Petitions: If you have family members who are U.S. citizens or green card holders, or if you have an employer willing to sponsor you, you may be able to apply for a green card through a family or employment-based petition.
  • U-Visa for Victims of Crime: If you’ve been the victim of certain crimes (such as domestic violence or trafficking) and have cooperated with law enforcement, you may be eligible for a U-Visa. The U-Visa can grant temporary legal status and work authorization, and can lead to permanent residency in the future.
  • Temporary Protected Status (TPS): For nationals of certain countries experiencing ongoing armed conflict or natural disasters, TPS allows individuals to live and work legally in the U.S. while the situation in their home country remains dangerous. While India is not currently designated for TPS, changes in the future could open up this opportunity.

4. The Importance of Legal Guidance

The asylum process is complex, and filing after the 1-year deadline can be even more challenging. It’s important to have an immigration lawyer who understands the nuances of asylum law and can evaluate your unique case. I can guide you through the process, help you understand your options, and ensure that all deadlines and required documents are properly handled.

Get Help Now – Your Asylum Options Are Still Open!

If you’re an Indian immigrant who missed the one-year deadline for asylum, don’t lose hope. There are options available to help you stay in the U.S. and potentially secure permanent status. The key is to act quickly and seek professional legal assistance.

Contact Shepelsky Law Group today to discuss your situation. Together, we can explore your options and work towards securing the legal status you deserve. Don’t wait—reach out now for a consultation and take the next step in your immigration journey!