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Asylum - Frequently Asked Questions


Who is ineligible to apply for Asylum?

You are ineligible to apply for Asylum under section 208(a)(2) of the INA if you:

  • Failed to file an Asylum application within one year of your last arrival in the U.S. or April 1, 1997, whichever is later
  • Previously applied for Asylum and were denied by an Immigration Judge or the Board of Immigration Appeals
  • Can be removed to a safe third country pursuant to a bilateral or multilateral agreement

Are there any exceptions to the one year filing deadline for Asylum?

Yes, if you demonstrate either the existence of changed circumstances which materially affect your eligibility for Asylum or extraordinary circumstances relating to the delay in filing. You need to have filed the application within a reasonable time given the exception.

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What are changed circumstances related to exception to the one year filing deadline for Asylum?

Changed circumstances may include but are not limited to the following:

  • Changes in conditions in your country of nationality or, if you are stateless, country of last habitual residence
  • Changes in your circumstances that materially affect your eligibility for Asylum, including changes in applicable U.S. law, and activities you become involved in outside the country of feared persecution that place you at risk; or
  • In the case of a foreign national who has previously been included as a dependent in another foreign national’s pending Asylum application, the loss of the spousal or parent-child relationship to the principal applicant through marriage, divorce, death, or attainment of age 21
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