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Many people come to the U.S. seeking safety, but do not apply for asylum right away. Yet, to qualify for asylum, you typically have to request it within one year of your arrival in the U.S. If more than a year has passed since you entered the U.S., you may be wondering: Can I file for asylum after one year?
You can, but the government will require you to show that you qualify for an exception from the usual rule forbidding filing for asylum after 1 year or longer in the U.S. These exceptions allow people to apply for asylum after the one-year deadline if they can show that new events in their home country or serious personal obstacles in the U.S. explain why they did not apply within one year.
At the Law Office of Rosina C. Stambaugh, we assist clients in navigating immigration laws and the complex bureaucracy. Attorney Rosina C. Stambaugh has represented clients in complex asylum and deportation cases before immigration courts and the U.S. Court of Appeals for the Third Circuit. Our firm focuses exclusively on immigration law to help clients protect their rights and their futures.
How Can I Apply for Asylum in the USA?
Asylum is a form of legal protection that allows individuals who reasonably fear persecution in their home country to remain in the U.S. The harm must be related to the applicant’s:
- Race,
- Religion,
- Nationality,
- Political opinion, or
- Membership in a particular social group.
If the government approves your asylum claim, you can stay and work legally in the U.S. After one year, you may apply for permanent residence, and eventually, citizenship.
Asylum can be applied for in two possible ways. First, if you are not in removal (deportation) proceedings, you may file an application with United States Citizenship and Immigration Services (USCIS). If you are in removal proceedings, you request asylum from an immigration judge.
In both cases, the law requires applicants to request asylum within one year of their most recent arrival in the U.S. In other words, the one-year clock starts from the date you entered the U.S. Filing for asylum after one year may result in the government denying your claim without considering it unless you meet an exception.
When Does the One-Year Period Start?
The one-year period usually starts on your most recent entry into the U.S. For example, if you left the U.S. and later returned legally, the clock may restart from the date of your new entry. However, not every reentry qualifies, so have an attorney review your specific travel and entry history before filing.
When Can You Apply for Asylum After 1 Year?
So, when can I file for asylum after one year? If more than one year has passed, you may still qualify for asylum if you meet the asylum one-year deadline exceptions, which include changed or extraordinary circumstances that caused the delay. If you are applying under the exception, you must file within a reasonable period after the event, which typically means a few months.
Changed Circumstances
Changed circumstances may justify seeking asylum after the one-year period if new developments that affect your eligibility for asylum or increase your risk of persecution have occurred. Examples include:
- New or worsening conditions in your home country, such as a civil war, government crackdown, or rise in targeted violence;
- Personal changes in the U.S., like converting to a new religion, becoming politically active, or joining a group now persecuted in your country; or
- Family events that increase your danger, such as the arrest or persecution of a close relative.
In brief, changed circumstances have occurred if you now qualify for asylum but likely would not have when you entered the U.S.
Extraordinary Circumstances
Extraordinary circumstances are personal or external factors that prevent you from applying on time, such as:
- Serious illness, mental health issues, or disability that prevented you from preparing your application;
- Being under 18 years old or otherwise not legally independent (a “legal disability”);
- Ineffective assistance of counsel, meaning a previous lawyer handled your case improperly;
- The death or serious illness of a close family member; or
- Having a valid visa or other lawful immigration status, such as a student or work visa, during your first year in the U.S.
Extraordinary circumstances explain why you did not apply for asylum despite likely qualifying when you entered the U.S.
If you enter the U.S. on a valid visa, you are generally not required to seek asylum immediately. While your status is still valid, you are legally authorized to remain in the U.S. and do not need asylum protection to stay. Once that status expires, however, the protection it offers ends. If you remain in the U.S., the one-year clock typically starts running. You have to file your asylum application within a reasonable time after your status ends.
What Can You Do If You Missed the Deadline?
If more than a year has passed since your entry, do not assume you have lost your chance at asylum. Many people qualify for exceptions without realizing it. Even if you no longer qualify for asylum, you may still be eligible for:
- Withholding of removal, which stops deportation if persecution is likely;
- Protection under the Convention Against Torture (CAT), if you face a serious risk of torture in your home country; or
- Other humanitarian options, such as Temporary Protected Status (TPS).
These alternatives do not lead to a green card or citizenship. Yet, they can be lifesaving options for those who face serious risks in their home countries.
Take the Next Step Toward Protection
Missing the one-year deadline does not always mean you are out of options. The law recognizes that real-life challenges and new dangers can make it impossible to apply on time. What matters most is acting quickly once you learn that an exception may apply.
The Law Office of Rosina C. Stambaugh represents individuals across Pennsylvania and in immigration matters nationwide. Our team helps clients pursue every available legal protection. Contact us today to schedule a consultation.
