Can You Apply for Asylum After One Year in the U.S.?
For people who fear persecution in their home country, asylum can provide a crucial form of protection in the United States. U.S. immigration law generally requires an asylum application to be filed within one year after arriving in the country. So, what happens if you have already been in the United States for more than a year? You might still be able to apply for asylum if you qualify for an exception to the one-year filing deadline. If you are seeking asylum protection, then time is of the essence so reach out to an experienced immigration attorney as soon as possible.
An Overview of Asylum Law
Asylum is a form of humanitarian protection available to certain people who are already physically present in the United States or who arrive in the country and fear persecution in their home country. To qualify, an applicant generally must show that they were persecuted in the past or have a well-founded fear of persecution because of their race, religion, nationality, political opinion, or membership in a particular social group.
The persecution may come from the government or even from private individuals or groups that their government is unable or unwilling to control. A person may seek asylum regardless of whether they currently have lawful immigration status, subject to the requirements of U.S. immigration law.
If asylum is granted, the person receives protection from deportation and may eventually qualify to apply for lawful permanent residence. Generally, one may apply for a green card one year following the grant of asylum.
Can You Apply for Asylum After One Year?
An individual must be physically present in the United States or arriving at a U.S. port of entry to be eligible for asylum. The general rule requires an asylum application to be filed within one year of arrival. However, U.S. immigration law recognizes limited exceptions for extraordinary circumstances that may be related to the delay.
Changed circumstances may include sudden developments in the person’s home country that materially affect a person’s eligibility for asylum. For example, conditions in the applicant’s home country may have significantly deteriorated, a new government may begin persecuting a particular group (i.e., race, religion, political group), or circumstances affecting the applicant personally may create a new basis for an asylum claim. Extraordinary circumstances must relate as to why the applicant did not file within the first year. These may include serious illness, disability, legal incapacity, or other circumstances that prevented a timely filing. The applicant must still file within a reasonable period after the circumstances have changed or ended.
These exceptions are not automatic. An applicant who files after one year must provide convincing evidence explaining why the deadline was missed and why an exception applies. The facts of the case and supporting documentation can be critical to the outcome, making experienced legal representation essential.
Filing for Asylum After One Year in the U.S.
If you file a case after the one-year asylum deadline, the application process generally begins with Form I-589, Application for Asylum and for Withholding of Removal. The applicant should explain the basis for the asylum claim and specifically address the reason for the late filing when relying on a one-year exception. Supporting evidence may include personal declarations, country-condition information, medical or other records, and documentation concerning changed or extraordinary circumstances.
A person in removal proceedings should understand the filing procedures before applying. As missing the one-year deadline can create a significant legal obstacle, anyone considering a late asylum application should speak with an experienced immigration attorney as soon as possible. An attorney can evaluate whether an exception may apply, help gather evidence, and determine the appropriate strategy for presenting the asylum claim.
Get Legal Guidance for Your Asylum Case
If you are seeking asylum in the United States but have already been present in the country for over one year, it is important to understand your legal options. Exceptions do exist, so do not assume it is too late to apply. At Moftah Law LLC, based in Houston, Texas, we help individuals worldwide navigate the complexities of U.S. immigration law, including asylum applications and potential exceptions to the one-year filing deadline. Contact us today to discuss your circumstances and learn how we can help you pursue protection in the United States.
