Q: Does having a current asylum application protect me from expedited deportation?
I'm a Nicaraguan parolee who has been in the US for less than 2 years, I arrived on July 18, 2023, and I'm worried about how the new executive orders could affect me.
The memorandum for USCIS for January 23, 2025 (attached) says:
"Parole shall not be regarded as an admission of the alien. Further, the expedited removal process includes asylum screening, which is sufficient to protect the reliance interests of any alien who has applied for asylum or planned to do so in a timely manner. To maximize efficiency in the short term, DHS components may wish to prioritize aliens eligible for expedited removal who failed to apply for asylum in a timely manner (one-year deadline)"
My asylum application receipt says it was received 1 day after the 1-year deadline, although it was mailed before the deadline. How does this affect me?
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A:
If your asylum application was received after the one-year filing deadline, it could complicate your case, but it doesn’t automatically mean you’re ineligible for protection. U.S. immigration laws allow exceptions to the one-year rule for “extraordinary circumstances” or if you can show that you applied “within a reasonable time” after the issue preventing timely filing was resolved. Since your application was mailed before the deadline, you might have a strong argument to explain the delay, such as mail processing times being beyond your control.
Having a pending asylum application does provide some level of protection against expedited removal. Even if you're placed into removal proceedings, your claim to asylum must still be evaluated by an immigration judge. This means you would have the opportunity to present your case, including any explanation for missing the deadline and your reasons for seeking asylum, rather than being deported immediately.
It’s important to keep all documentation related to your parole, asylum application, and any evidence supporting your eligibility for an exception to the filing deadline. If you’re concerned about the executive order, being proactive and prepared will be crucial to navigating the situation. Stay informed and be ready to explain your timeline and any delays clearly.
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