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my husband is on F2 visa stayed in uSA for three years and half , he had problems in the past due to his political opinion , they are searching for him now back in his country and detained his brother , can he apply for asylum ?
Hello! And thank you for your question! While we are working together, I also may be working with other customers, so you may experience delays. Please be patient as we work through this process - your questions WILL be answered in the order they are received.Also, Experts and Professionals do not get credit for helping you unless you rate them. During this process, I might provide an answer, but you may require clarifications or have follow-up questions. If you do, please do not rate my response. Instead, please click "REPLY" or "CONTINUE CONVERSATION" to ask your follow up questions.Please remember that the ratings are based on my EFFORTS to help you, not on the outcome of your question. I cannot control the outcomes, as I do not make the law. So please do not rate the outcome of your question.Again, please remember that a rating is the only way we get credit for working with you, so this is a very important aspect of this service and our interaction.As for your husband, Asylum can only be requested within the first year or a person's entry to the US. So if they entered the US three years ago, he is not eligible to apply for asylum, UNLESS country conditions have changed. So if the situation has changed in the past year and he has a well founded fear of persecution, he may be eligible for asylum. You should contact an attorney in your area to discuss whether the circumstances, if they have changed, have changed so that he can benefit from asylum. I hope I have answered your question. Please remember to rate my efforts (and not the outcome), so that I get credit for working with you. If you require clarification or follow-up questions, please do not give a rating. Instead, please click "REPLY TO EXPERT" or "CONTINUE CONVERSATION."Also remember that I do not write the law, so please don't give me a low rating just because you do not like the result.Also consider leaving a BONUS - it is much appreciated.Finally, if you have any future Immigration or TSA related questions, put "TO LONGHORN LAWYER" in the subject line or the beginning of the question, or go directly to my profile to ask your questions: http://www.justanswer.com/law/expert-longhornlawyerThank you!
although he maintained lawful status he can't apply , does maintaining lawful status considered one of the extraordinary circumstances that the one year deadline doesn't apply to ?
No. Again, in order to be eligible for asylum, you have to file within the first 1 year of entering the US. The ONLY exception is if country conditions have changed. It does not matter if you have been in the US lawfully or not. I hope I have answered your question. Please remember to rate my efforts (and not the outcome), so that I get credit for working with you. If you require clarification or follow-up questions, please do not give a rating. Instead, please click "REPLY TO EXPERT" or "CONTINUE CONVERSATION."Also remember that I do not write the law, so please don't give me a low rating just because you do not like the result.Also consider leaving a BONUS - it is much appreciated.Finally, if you have any future immigration or TSA related questions, put "TO LONGHORN LAWYER" in the subject line or the beginning of the question, or go directly to my profile to ask your questions: http://www.justanswer.com/law/expert-longhornlawyerThank you!