New rules for the filing of asylum applications went into effect on April 1st. The statute requires asylum applicants to file their applications within a year of their last arrival in the United States. There are very few exceptions to the rule. One exception is reserved for those who can demonstrate changed circumstances since the last entry. For example, if the conditions in a person’s home country have changed dramatically in the last year, then a petition could be submitted. Another exception exists where there have been events beyond the applicant’s control that effect his or her ability to file an application.
The Executive Office of Immigration Review also will now only accept the April 1, 1997 version of the I-589 Asylum Application Form. The old November 16, 1994 version of the form will no longer be accepted. The INS is expected to follow the EOIR’s lead. The INS expects to have a new version of the Form I-589 ready soon (possibly as early as this month) and plans on requiring the newest version of the form after July 1, 1998.
A number of lawmakers have expressed concern over the new law. At a news conference held the day before the law went into effect, Senator Mike DeWine (R-OH) called on the INS to interpret the rule’s exceptions liberally.
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