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Many people come to the United States and apply for asylum, hoping for safety, opportunity, and a life free from fear. For individuals who believe they will face persecution if they return to their home country, asylum offers a chance to rebuild their lives and achieve the American dream. Applicants must usually apply without one year unless they meet a limited exception. As the stakes are high, it is critical to consult with an experienced immigration lawyer as soon as possible if you are looking to seek asylum in the U.S.
Understanding Asylum in U.S. Immigration Law
Asylum is a form of humanitarian protection that allows a person to remain in the United States if they cannot safely return to their home country. A successful applicant may later apply for a green card and eventually citizenship, making asylum one of the most significant protections available under U.S. immigration law.
To qualify, a person must prove that they suffered persecution in the past or have a well-founded fear that persecution would occur in the future. This harm must be connected to at least one of five protected grounds:
- Race
- Religion
- Nationality
- Political beliefs
- Membership of a particular social group
There are strict eligibility, guidelines, and time limits to submit an asylum case. Generally, asylum applicants must file their application within one year of arriving in the United States.
How To Apply for Asylum
To apply for asylum, a person must already be physically present in the United States, meaning you cannot apply from abroad. The standard asylum filing process includes:
- Submitting the Form I-589. This application is filed with U.S. Citizenship and Immigration Services (USCIS). There is no filing fee for asylum.
- Attending a biometrics appointment. USCIS collects fingerprints and performs security background checks.
- Participating in an interview. An asylum officer reviews the claim, asks questions, and evaluates supporting evidence. If the case cannot be approved, it may be referred to an immigration judge for review.
- Receiving a decision. If asylum is granted, the individual gains protection from removal and can apply for permanent residency after one year. If denied, the case may move to immigration court for further review.
If you are considering applying for asylum, it’s important to seek guidance from an experienced asylum lawyer to ensure your case goes as smoothly as possible.
Applying For Asylum After the One-Year Filing Deadline
Under U.S. immigration law, asylum applications must be submitted within one year of arriving in the United States. However, there are important exceptions that allow some individuals to apply after this deadline. One must show clear and convincing evidence that they meet one of these exceptions in order to apply after the one year deadline. To qualify for one of these exceptions, an applicant must show that filing on time was not possible and that they acted within a “reasonable period” once the situation changed. Examples of exceptions include changed circumstances and exceptional circumstances.
1. Changed Circumstances
These involve sudden and unexpected changes of circumstances that significantly increase the risk of persecution in one’s home country. Examples include a sudden political shift in the country, such as political upheaval or increased violence against certain people. Importantly, the person must apply as soon as it becomes clear that these new circumstances place them at risk.
2. Extraordinary Circumstances
These involve personal situations that directly prevented filing on time, such as:
- A serious illness or medical condition
- Mental health challenges
- The expiration of lawful immigration status
- A change in the applicant’s own personal situation, such as adopting a new religion or political belief that puts them in danger of persecution if they now go back to their home country.
The extraordinary circumstance must relate to the applicant’s inability to file earlier, and the asylum application must still be submitted within a reasonable time after the issue is resolved.
Contact CoxESQ, PC Immigration Law Firm for Asylum Help
Applying for asylum after the one-year deadline is possible, but only under specific conditions. However, the legal standards are complex and highly fact-dependent and working with a qualified immigration attorney is essential to protecting your rights and presenting the strongest case. If you or a loved one may have missed the one year asylum deadline for asylum, contact CoxESQ, PC to see if you can still apply under an exception.