What Is The Asylum One Year Deadline

The United States immigration law requires that asylum seekers apply within one year of their arrival in the country. This deadline is referred to as the "asylum one-year deadline." However, in certain circumstances, the one-year deadline may not apply, and some individuals may be able to apply for asylum after the one year deadline has passed.

In order to apply for asylum after the one year deadline, the individual must demonstrate that either:

  • Extraordinary circumstances prevented the asylum-seeker from filing within the one-year period, such as:
    • Serious illness
    • Mental or physical disability
    • Any effects of persecution or violent action taken against the asylum-seeker in the past or during their year in the U.S.
    • Natural disaster
  • Changed circumstances materially affecting the applicant’s asylum eligibility including:
    • Changes in the asylum-seekers country of origin such as:
      • Legislation which places the asylum-seeker at a higher risk of persecution 
    • Changes in U.S. law 
    • The asylum-seeker was a minor (under 18) when entering the U.S. 
    • Changes in asylum application status (if the asylum-seeker is no longer a dependent in an asylum application, or the asylum application was originally submitted before the one-year deadline, but was returned for resubmission)
    • If the applicant has been continuously living in the United States for at least 10 years and has not left for more then 90 days, they may be eligible for an extension of the deadline. 

If the applicant is able to demonstrate that extraordinary or changed circumstances prevented them from filing for asylum after the one year deadline, they must also demonstrate that they filed the asylum application as soon as possible after the circumstances ended. 

Even if an asylum-seeker is exempt from the one-year deadline, they must still meet the other requirements for asylum, including the requirement that they have a well-founded fear of persecution in their home country based on one of the five protected grounds: race, religion, nationality, membership in a particular social group, or political opinion.

Applying for Asylum After One Year Deadline 

When applying for asylum after the one-year deadline, the applicant must complete the following process.  

  • Gather evidence to support the claim of "extraordinary circumstances". This can include
    •  Documentation of physical or mental illness
    • Documentation of abuse by government officials
    • Police reports
    • Documentation of other factors that prevented you from applying for asylum within the one-year deadline
  • Prepare and file Form I-589, Application for Asylum and for Withholding of Removal 
  • Submit the form along with supporting evidence to the USCIS Asylum Office with jurisdiction over the applicant’s place of residence
  • Attend a biometrics appointment to provide fingerprints and photos
  • Attend an interview with an asylum officer. During the interview, you will need to provide testimony and evidence to support your claim of extraordinary circumstances.
  • Wait for a decision from USCIS. If your application is approved, you will be granted asylum. If it is denied, you have the option to appeal the decision or file a motion to reopen the case.

FAQs For Asylum After The One Year Deadline

Can I still apply for asylum if I missed the one-year deadline?

Yes, you can still apply for asylum after the one-year deadline, but you must prove that extraordinary circumstances barred you from applying.

What circumstances qualify as an exception to the one-year asylum deadline?

In order to qualify for the one-year asylum deadline, an applicant must prove that either extraordinary circumstances (physical or mental illness, natural disaster, etc.) occurred which prevented the applicant from submitting the asylum application or there was a material change in circumstance (a minor turns 18, change in U.S. law, change in the applicant’s country of origin) which impacts the asylum application.

How do I demonstrate that I had "extraordinary circumstances" preventing me from filing within the one-year period?

In order to demonstrate “extraordinary circumstances,” the asylum-seeker must provide documentation supporting their claim. This may include a medical diagnosis or police reports.

What is the process for applying for asylum after the one-year deadline?

In order to apply after the one-year deadline, the applicant must:

  •  Prepare and submit Form I-589
  • Prepare documentation which supports their extraordinary circumstances claim
  • Attend a biometrics appointment
  • Attend an interview with an asylum officer

Can I appeal if my asylum application is denied after the one-year deadline?

Yes, the applicant may appeal to the USCIS Administrative Appeals Office (AAO) or the Board of Immigration Appeals (BIA).

Conclusion For Asylum After The One Year Deadline

The United States immigration law requires that asylum seekers apply for asylum within one year of their arrival in the country. However, in certain circumstances, the one-year deadline may not apply, and asylum seekers may be able to apply for asylum even after the deadline has passed. This can include situations such as serious illness, mental or physical disability, persecution, being a minor, a natural disaster, and changes in country of origin or U.S. law. To apply for asylum after the one-year deadline, the individual must gather evidence to support their claim of "extraordinary circumstances" and file Form I-589 along with supporting evidence to the USCIS Asylum Office. The applicant must also