One Year Filing Rule

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One Year Filing Rule

Overview

You may apply for a green card one year after being granted asylum. To apply for a green card, file a Form I-485, Application to Register Permanent Residence or to Adjust Status. You must submit a separate I-485 application packet for yourself and, if applicable, for each family member who received derivative asylum based on your case.

Exceptions to the rule

There are many exceptions to this rule. Before the Illegal Immigration Reform and Immigrant Responsibility Act (PDF) of 1996, a person could apply for asylum at any time. This law created a new eligibility requirement that those applying after April of 1998 had to apply within one year of their last arrival. Exceptions to the asylum one year filing rule include changed circumstances which materially affect your eligibility for asylum and extraordinary circumstances related to the delay in your filing.

We will be happy to clarify all intricacies of these cases. Please contact us for more information.

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Citizenship