One Year Bar in Asylum and Nepal’s Situation


An asylum-seeker is ineligible to apply for asylum under section 208(a)(2) of the INA if he or she:
•Failed to file an asylum application (Form I-589) within one year of his or her last arrival in the United States
Exception to the I-Year Filing Deadline:
The applicant demonstrates either the existence of changed circumstances* which materially affect the applicant’s eligibility for asylum or extraordinary circumstances** relating to the delay in filing.  The applicant needs to have filed the application within a reasonable time given the exception.  See 8 CFR § 208.4.

BREAKING THE ONE YEAR BAR RULE:

Changed Circumstances: 8 CFR § 208.4(a)(4)

OUR CONTEXT:
1. Changes in conditions in the applicant’s country of nationality:
 
-Fear of persecution from atrocities that shall arise of potential CPNM rule-demonstrate evidences of maoists atrocities before and after peace agreements;
-Fear of Persecution from JTMM, MJF of KJMM or similar splinters such as MT, MC, and others;
-Fear of Persecution from other unidentified militants posing threat to the civillians over these months
-evidences thereof

2. changes in the applicant’s circumstances that materially affect the applicant’s eligibility for asylum
-continuation of threat or start of threat to family members inquiring about you or threatining you or your family, forcing them  physically or posing mental or physical torture/threat;
-continuation of threat due to your presence in the US (an emperialist nation in the eyes of militants), donation and extortion drive;
-killing, kidnapping and extortion of your family members or community
-forceful donation or contribution drive in the name of elections or support to the militants
-evidences thereof

Source: USCIS
‘Our Context’ provisions may vary from individual to indivudual case.

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