Options for Asylum Seekers: Filing for Asylum in the USA After One Year
- sacredheartimmigra
- Jan 2, 2024
- 2 min read
In the United States, there is a general requirement that individuals must apply for asylum within one year of their arrival in the country to be eligible for asylum. However, there are several exceptions and circumstances where this one-year filing deadline might not apply or might be excused. Some of the exceptions to the one-year filing deadline for asylum include:
Changed Circumstances: If circumstances have changed in the applicant's home country or in the applicant's personal situation that affect their eligibility for asylum, even after the one-year period, they may still be able to apply. For instance, a political change or a personal situation such as coming out as LGBTQ+ after arriving in the U.S. may be considered a changed circumstance.
Extraordinary Circumstances: If there are extraordinary circumstances that prevented the applicant from filing within the one-year deadline, such as severe illness, mental health issues, or legal disabilities, the deadline may be excused. These circumstances should be documented and explained thoroughly.
Age when Applying: If the applicant was under 18 years old when they entered the U.S., the one-year filing deadline may be extended. They may have one year to apply after turning 18.
Government Error or Misconduct: If the government provided incorrect information or engaged in misconduct that led to the failure to meet the one-year deadline, the deadline might be excused.
Changed Country Conditions: If the conditions in the applicant's home country have changed significantly, such as a major political upheaval or a change in laws specifically affecting the applicant's situation, they might be allowed to apply for asylum after the one-year deadline.
It's crucial to note that meeting these exceptions requires proper documentation and a strong case to prove that the circumstances warrant an exception to the one-year filing deadline. Immigration laws and policies can be complex, so individuals seeking asylum should consult with experienced immigration attorneys or legal professionals to understand their specific situation and eligibility for asylum.
