Here is what you need to know about filing for asylum before the one-year deadline:
- Asylum seekers must apply within one year of entering the U.S. unless they qualify for an exception.
- Affirmative asylum is filed voluntarily with USCIS, while defensive asylum is filed in immigration court as a defense to deportation.
- The one-year deadline begins the moment a person enters the U.S., not when they are released from CBP custody.
- Missing the deadline makes asylum harder to obtain, but an immigration lawyer can help determine if an exception applies.
The information in this article is solely for informational purposes only and does not constitute legal advice. For legal assistance, please see our list of pro-bono lawyers in New York. You can also call Action-NYC if you live in one of the five boroughs of New York City. This article was last updated February 27, 2025.
To apply for asylum, migrants who are not in removal proceedings and who have not been issued a removal order must file Form I-589, Application for Asylum and for Withholding of Removal, with the U.S. Citizenship and Immigration Services (USCIS). Individuals in removal proceedings must file their application for asylum with the Executive Office for Immigration Review (EOIR).
Also Read: How to Apply for Asylum
United States law requires asylum seekers to file an asylum application within one year of entering the country. But circumstances such as lack of legal assistance and instability can prevent an asylum seeker from filing it on time.
Unless migrants meet certain criteria, failing to file their asylum application within the one-year deadline of their entry into the U.S. could risk their asylum claim being denied.
One of the things to keep in mind is the difference between affirmative asylum and defensive asylum. If your affirmative asylum case is denied, you will be referred for removal proceedings in immigration court, and you can renew your application for asylum before the immigration judge.
Affirmative asylum is the process that individuals who are not in proceedings in immigration court must follow to apply for asylum. Under this process, individuals submit their application for asylum with the U.S. Citizenship and Immigration Services (USCIS) within one year of their arrival. They undergo an interview with an asylum officer, and if approved, they become asylees. If denied, their case may be referred to an immigration court for removal proceedings.
If an asylum applicant is referred to immigration court, they can renew their asylum application before the immigration judge as a defense against removal.If the judge denies their claim, they may have the opportunity to appeal the decision.
Defensive asylum can also occur if an individual is detained by U.S. Customs and Border Protection (CBP).
“If you come to the United States without a visa and say: ‘Hey, I want asylum,’ you automatically get put in deportation proceedings. The people at the border will say, you came here and didn’t have permission to enter, you don’t have a visa, therefore, we’re going to put you in deportation proceedings,” explained Brian Manning, a political asylum lawyer and former government asylum officer.
Exceptions to the one-year deadline for filing your asylum application
One of the misconceptions about the one-year deadline, particularly for those who are detained by DHS after entry and then released pending their removal proceedings, is when the one-year starts. “People think it starts when they are released by CBP, but it actually starts the moment they step into the country,” Manning said.
It is crucial for asylum seekers to remember their exact date of entry into the U.S. Missing the one-year filing deadline can make it harder to get their case approved and significantly increase the risk of denial and deportation.
However, there are three exceptions to the one-year filing deadline that permit individuals to file their asylum claims after the one-year deadline has passed. Only USCIS or an immigration judge can determine if someone qualifies for an exception to the one-year asylum filing deadline.
- Changed circumstances: Manning says that an example of a changed circumstance could be that one’s home country is no longer safe to return due to political or other changes in conditions that make it more dangerous for certain people. “The idea here is that you didn’t need asylum at first but something that you did — like criticizing your country online — …if you were to go back, it could be harmful,” he said. Another example could be when a new law is introduced in the country of origin that could put a group of people, such as LGBTQ migrants, in harm’s way.
- Extraordinary circumstances: If the individual can demonstrate extraordinary circumstances that prevented them from filing their asylum application within one year, they may qualify for an exception. Examples of extraordinary circumstances can include serious illness, mental or physical disability, or legal or procedural impediments. (See the full list here).
- Minor children: “Minors under 18 qualify for an exception because of the legal complexity [of the filing process],” Manning said. However, after turning 18, the individual must also file their asylum application within a reasonable amount of time, he added.
Filing within the one-year deadline is very important. However, there is still room to show that you may qualify for one of the exceptions, said Manning. “It does still bear talking with an immigration lawyer about whether you might qualify for exemption because sometimes people are surprised to learn that they do qualify for an exception.”
