Expert forum-members, shed some light.

[KRUNZERGS]

A female friend of mine applied for AOS in 2000, and later abandoned the case before final adjudication.

USCIS sent her letter in late 2001, stating that the case was terminated.

Now she want to apply for asylum and she has a strong case.

My question: if she applies for asylum is she going to be sent to the immigration judge for asylum process or is her claim going to be processed at the asylum office which will make a determination?

Thanks.

 

[GayGuy]

Response

Let me say first that i am not an expert. Two things come to mind though:
1. When was her last entry into the US? I am thinking this because my understanding is that if her last entry was a year or less from when she files for asylum then she should be going to an asylum office. If her last entry was over a year then she makes a defensive asylum application which goes straight to an immigration Judge.

2.If she did the AOS in 2000, Are there any exceptional circumstances that prevented her from applying for asylum earlier?

Again, I am not an expert so could the others on here please comment.

 

[KRUNZERGS]

Good point and thanks - But she is applying for asylum based female genital mitulation / convention against torture, there is no one year dead line limitation. People usually applied when they have a female child fearing that their daughter could be victim of the same fate if they,re returned to their home country.