Understanding the INA Section for Filing 1-Year Asylum

The one-year deadline for filing asylum applications is stipulated in Section 208(a)(2)(B) of the Immigration and Nationality Act (INA), which addresses the timing requirements for asylum applications in the United States. This section of the law establishes the general rule that individuals must apply for asylum within one year of their arrival in the United States to be eligible for consideration of their asylum claim.

Here is an excerpt from the Immigration and Nationality Act pertaining to the one-year asylum filing deadline:

Section 208(a)(2)(B) of the INA states: "(B) Time limit (i) In general Subject to clause (ii), paragraph (1) shall not apply to an alien unless the alien demonstrates by clear and convincing evidence that the application has been filed within 1 year after the date of the alien's arrival in the United States."

This provision outlines that an individual's asylum application will generally not be considered unless it is filed within one year of their arrival in the United States. However, there are exceptions and certain circumstances that could allow individuals to file for asylum after the one-year deadline if they can provide clear and convincing evidence of changed or extraordinary circumstances that prevented them from filing within the initial one-year period.

The exceptions to the one-year filing deadline and provisions allowing individuals to apply after the deadline are outlined in the regulations and guidance provided by the United States Citizenship and Immigration Services (USCIS) and the Board of Immigration Appeals (BIA), which provide additional interpretations and guidance on how this rule is applied in practice.