Under U.S. immigration law, noncitizens who are fleeing persecution in their home countries can apply for asylum to stay in the United States. In most cases, asylum seekers must file their application within one year of their last arrival to the U.S. However, many asylum seekers miss this critical deadline for reasons beyond their control.
If you find yourself in this situation, you may still have options to seek asylum, but the process becomes more challenging. Here’s what you need to know about applying for asylum after the one-year deadline has passed.
The One-Year Asylum Filing Deadline
The Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (IIRIRA) imposed a general one-year deadline for filing asylum applications. In most cases, this means that asylum seekers must file a complete Form I-589 (Application for Asylum and for Withholding of Removal) within their first year of physical presence in the U.S.
However, this is not the end of the road – if you can show you qualify for an exception to the deadline, you can still pursue your asylum case.
Exceptions to the One-Year Deadline
The law allows for two general categories of exceptions that may permit you to file for asylum after missing the one-year deadline:
- Changed circumstances materially affecting your eligibility for asylum
- Extraordinary circumstances directly related to your failure to timely file
Changed circumstances include major shifts in your home country conditions that suddenly place you at risk of persecution. For example, if your government is overthrown and the new regime starts persecuting members of your religion, this could potentially qualify.
Other examples of changed circumstances include changes to your own circumstances (like recent “coming out” as LGBTQ+ if that places you at risk) or discovery that a condition in your home country may affect you (like a serious illness when your country discriminates against the sick).
Extraordinary circumstances cover a wide range of situations that are not your fault and directly caused your delayed filing. Examples include:
- Serious illness, disability, or mental or physical limitations
- Legal disability or ineffective assistance of counsel
- Possessing other lawful immigration status
- Timely filing rejected for being incomplete
- Death or serious illness of a family member or legal representative
- Unaccompanied minor status
This is not an exhaustive list – an asylum officer or immigration judge will consider the totality of your circumstances. If you file after the deadline, you must clearly explain your changed or extraordinary circumstances, proving that:
- The circumstances were directly related to your failure to file within one year
- The circumstances were beyond your control
- You filed your application within a reasonable time, given those circumstances
There is no clear definition of a “reasonable period of time,” but generally, the delay should be commensurate with the circumstances. The sooner you file once the changed/extraordinary circumstance arises, the better.
Process for Applying for Asylum After One Year
The process for filing a late asylum application is similar to the standard process, with some additional steps:
- Complete Form I-589, including a detailed explanation of your changed/extraordinary circumstances and documentation supporting your eligibility for an exception.
- File your I-589 with the appropriate USCIS Service Center, along with evidence demonstrating your identity, entry to the U.S., physical presence, and documents supporting your claim.
- Attend an interview with an Asylum Officer.
- If your case is not approved by USCIS, you will need to appear before an Immigration Judge to present your asylum case and argue again for an exception to the deadline. The judge will determine whether your late filing should be excused.
- If the judge accepts your late filing as valid, the judge will then determine if you meet the requirements for asylum protection.
Asylum cases involving the one-year deadline are highly complex. You must prove not only that you qualify for asylum based on a well-founded fear of future persecution but also that you meet a deadline exception.
Having an experienced asylum attorney is essential to present the strongest possible case.
Get Experienced Legal Help with Late-Filed Asylum Applications
At the Law Office of Lina Baroudi in San Jose, CA, our team has helped countless asylum seekers pursue protection, including many who missed the one-year deadline. We understand the trauma and challenges you’ve faced that led to your delayed filing. You shouldn’t be denied life-saving immigration relief because of difficult circumstances beyond your control.
Our Bay Area asylum lawyers will carefully assess your situation to determine the strongest possible arguments for a changed or extraordinary circumstances exception in your case. We’ll guide you through documenting your circumstances and preparing your testimony to clearly demonstrate your eligibility.
No matter how long it’s been since you came to the U.S., you may still have a chance at asylum. Don’t wait any longer to get caring, professional legal guidance. Contact our office today to start exploring your options to seek safety and move forward with your life. You are not alone in this process – we are here to fight for you every step of the way.
