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Asylum Deadline Alert

Posted by Arlindo B. Araujo | Dec 04, 2024 | 0 Comments

According to the United States Law under 8 U.S.C ยง 1158 for asylum applicants in the United States, the one-year filing deadline is an important rule that requires individuals to apply for asylum within one year of their last arrival in the U.S. This rule has some exceptions, but the general guideline is as follows:

Asylum applicants must submit their application within one year of arriving in the United States. This deadline applies to most applicants who are seeking asylum for fear of persecution based on race, religion, nationality, membership in a particular social group, or political opinion.

What Happens If You Miss the Deadline?

  • If you miss the one-year deadline and do not qualify for an exception, your asylum application may be denied, and you could be at risk of deportation.
  • Alternative forms of relief may still be available, such as applying for withholding of removal or protection under the Convention Against Torture (CAT), but these options have different eligibility criteria.

Exceptions to the One-Year Rule

The one-year deadline is not always strict, and applicants may still be able to apply for asylum after one year if they meet certain exceptions:

Changed Circumstances: If there are significant changes in the applicant's home country or personal circumstances (such as new threats or changes in government policy), they may qualify for an extension of the one-year deadline.

Extraordinary Circumstances: In some cases, applicants who were unable to file on time due to extraordinary circumstances, such as serious illness or legal incapacity, may be allowed to apply after the deadline has passed.

Deferral of Removal: If an applicant is in removal proceedings and a judge or the Department of Homeland Security (DHS) decides to defer their removal, the one-year deadline can be extended.

About the Author

Arlindo B. Araujo

Decades of practical experience, Arlindo โ€œArtโ€ Araujo has counseled and advised clients in many areas of the law.  Arlindo handles administrative, bench and jury trials in the areas of family law, immigration removal / deportation matters, civil, criminal and personal injury litiga...

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