If you want to petition for asylum in the United States, you must do so within one year of your last admission into the nation, however certain exclusions may allow you to apply later.
If you want to petition for asylum in the United States, you must do so within one year of your last admission into the nation. (See International No. 208(a)(2)(B).) If you entered the United States on a nonimmigrant visa (such as a tourist or student visa), US Citizenship and Immigration Services (USCIS) will calculate the one-year term from the day your valid visa status expired.
If you are applying proactively (not in deportation proceedings), USCIS must receive your application on the one-year anniversary of your last arrival into the United States or the expiry of your status, or on the following working day if that day occurs on a Saturday, Sunday, or legal holiday. For example, if you last visited the United States on April 8, 2019, you must submit by April 8, 2020. If April 8, 2020 falls on a Saturday or Sunday, you may file on the next business day, the Monday after.
If you fail to demonstrate that you filed on time or that an exemption applies to you, the Asylum Officer assigned to your case will recommend your case to an Immigration Judge. See How to Prepare an Affirmative Asylum Application for more information about applying for asylum with the Asylum Office.
If you apply for asylum defensively (that is, after being referred to or otherwise put in removal proceedings), you must also apply within one year of your last entrance or the expiry of your visa or other authorized stay. However, instead of submitting your application to USCIS, you must submit it to the Immigration Judge and attend a court hearing.
Whether you apply proactively or defensively, you must offer proof that, in addition to demonstrating that you are a refugee who qualifies for asylum, you either:
You submitted within the one-year deadline, or you qualify for an exemption to the filing deadline.
As a result, you must submit the following in your asylum application:
clear and convincing evidence that your last arrival in the United States or the expiration of your nonimmigrant stay occurred within the one-year period immediately preceding your filing date, or clear and convincing evidence that you were outside the United States during the one-year period immediately preceding your filing date, or satisfactory evidence that you experienced a “changed circumstance” material to your eligibility for asylum, and that you filed within a reasonable timeframe
You may use the following documentation to demonstrate that you filed within one year of your arrival or the end of your authorized stay, or that an exemption applies to you:
your testimony (which may sufficient if you are judged trustworthy), papers (such as passport stamps, plane tickets, leases, and invoices), and witness testimonies.
“Clear and compelling” proof is evidence that establishes a strong conviction that what you state is true. That is, you must demonstrate that you applied within one year after your previous arrival. “Satisfactory” evidence signifies that you used reliable evidence to convince an Asylum Officer or an Immigration Judge that you qualify for an exemption.
Consult a qualified attorney if you missed the one-year filing deadline. There are very few exceptions to the filing deadline. Your ability to demonstrate that an exception applies to you is determined by the specific circumstances of your situation. The Asylum Officer or Immigration Judge will consider all of the information you provide. What one applicant considers an exception (a changing or unusual condition) may not be considered an exception by another. To maximize your chances of qualifying for an exemption, you must submit precise, consistent, and reliable facts.
The two exceptions to the one-year filing deadline are summarized here.
You must demonstrate that a changing situation (in your personal life or in circumstances in the United States or your home country) was relevant to your candidacy for asylum and that you submitted your application within a reasonable period after the event happened or after you heard of it. Any delays in learning of the new circumstances will be considered by an Asylum Officer or an Immigration Judge.
Depending on the circumstances of your case, the following are some instances of what can qualify as a “changing circumstance”:
This is by no means a complete list. For the purposes of this exemption, such occurrences may be deemed altered circumstances. Consult with an attorney for a personal assessment.
You must demonstrate that events in your personal life (before or after your arrival in the United States) are directly related to your failure to file within the one-year filing deadline, and that you submitted within a reasonable time after the unusual situation no longer affects you. You must also demonstrate that you did not purposefully create such unusual conditions (through your own action or inaction).
Depending on the circumstances of your case, the following are some instances of what can be regarded a “exceptional circumstance”:
Other life events may qualify as “exceptional circumstances” under this provision. During the coronavirus (COVID-19) pandemic, for example, you may have valid grounds to explain why a shelter-in-place order hampered your ability to prepare your case. If you have any questions, contact an attorney.
If you believe that you should be granted an exemption to the filing deadline, you must also demonstrate that you submitted your asylum application within a reasonable period after the modified or unusual condition arose.
What constitutes “reasonable” depends on the specific circumstances of your situation. Asylum Officers and Immigration Judges consider what a reasonable person in your particular situation would have done. Other significant reasons that they may examine, in addition to the precise circumstances that caused your delay in filing, include:
any delay in when you first became aware of the changing scenario your educational background and language skills\s how long it takes to receive legal support, and\s any continuing physical or mental impacts of your persecution.
A few months’ delay is normally considered “acceptable,” but a year’s delay is not. As a result, strive to submit your application as soon as feasible when any modified or unusual event occurs. You must offer thorough and convincing proof about your submission within a “reasonable” time frame.
