Asylum Seekers: Understanding the One Year Filing Deadline
- sacredheartimmigra
- Jan 3, 2024
- 2 min read
In the United States, individuals who wish to apply for asylum must generally do so within one year of their arrival in the country, unless they can establish specific exceptions or changed circumstances that prevented them from filing within the one-year deadline.
The general rule for asylum applications in the U.S. is the "One-Year Filing Deadline," which means that asylum seekers should file their asylum application within one year of their entry into the United States. However, there are exceptions to this rule, and individuals might still be eligible to apply for asylum after the one-year deadline if they meet certain criteria, such as:
Changed Circumstances: If there have been changes in circumstances in the home country or in the individual's personal situation that now make them eligible for asylum, they may apply after the one-year deadline.
Extraordinary Circumstances: If certain extraordinary circumstances prevented the individual from filing within the one-year timeframe, they might be eligible to apply after the deadline.
Minor Children: Asylum seekers who were minors (under 18 years old) when they entered the U.S. might be eligible to file for asylum even after turning 18.
Exceptional Situations: Other exceptional situations or legal arguments might also be considered by immigration authorities as valid reasons for filing after the one-year deadline.
It's crucial to note that while there are exceptions to the one-year filing deadline, it's generally advisable to file for asylum as soon as possible after arrival in the U.S. to increase the chances of a successful application and to comply with legal requirements.
If an individual wishes to apply for asylum after the one-year deadline, they should seek guidance from an experienced immigration attorney or accredited representative who can assess their case, determine eligibility for exceptions, and provide assistance in preparing and filing the asylum application with supporting evidence.
