If you’ve been in the U.S. for over a year and haven’t applied for asylum, you might have heard that you missed your chance. However, U.S. asylum law provides exceptions to the one-year filing deadline under specific circumstances.
The general rule is that asylum seekers must apply within one year of their last arrival in the U.S. (INA § 208(a)(2)(B)). However, exceptions exist for those who can demonstrate changed circumstances or extraordinary circumstances as defined in 8 C.F.R. § 208.4(a).
The good news? If you qualify under one of these exceptions, you may still be eligible for asylum despite the deadline.
Let’s break down what qualifies, what USCIS recognizes as an exception, and how you can still apply even if you missed the deadline.
The One-Year Filing Rule: What Does the Law Say?
Under INA § 208(a)(2)(B), asylum seekers must file within one year of their last arrival in the United States. However, INA § 208(a)(2)(D) allows for exceptions if the applicant can prove one of the following:
🔹 Changed Circumstances – Conditions related to eligibility for asylum have changed after arrival.
🔹 Extraordinary Circumstances – Factors beyond the applicant’s control prevented timely filing.
If either of these applies to you, USCIS or an immigration judge may still approve your asylum application despite the missed deadline.
Exception #1: Changed Circumstances – What If Your Risk of Persecution Increased?
“Changed circumstances” refer to new developments after your arrival in the U.S. that now make you eligible for asylum, even though you were previously ineligible or had no well-founded fear of persecution.
What Counts as Changed Circumstances? (8 C.F.R. § 208.4(a)(4))
✔ A New Government Took Power – If a change in leadership has resulted in new policies that persecute certain groups, including political activists, journalists, or minority groups.
✔ Worsening Conditions in Your Country – If your home country is experiencing an escalation of violence, civil unrest, or human rights violations targeting people like you.
✔ You Became More Publicly Active – If you have engaged in political or activist activities in the U.S. that put you at risk if you return.
✔ You Came Out as LGBTQ+ – If you now publicly identify as LGBTQ+ and your home country criminalizes or persecutes LGBTQ+ individuals.
✔ You Converted to a Different Religion – If religious minorities face persecution in your country and you have changed your religious beliefs.
🔹 Key Takeaway: If your eligibility for asylum changed due to new risks that arose after you entered the U.S., you may still qualify under this exception.
Exception #2: Extraordinary Circumstances – What If Something Prevented You from Applying?
“Extraordinary circumstances” refer to situations that directly prevented you from applying within one year, even though you were otherwise eligible for asylum.
What Counts as Extraordinary Circumstances? (8 C.F.R. § 208.4(a)(5))
✔ You Were Seriously Ill or Mentally Unwell – If you had a significant medical or mental health condition that made it impossible to apply within the deadline.
✔ You Were a Minor Without Legal Help – If you were under 18 and had no parent or guardian to assist you in filing an asylum application.
✔ Your Attorney Gave You Bad Advice – If a lawyer misinformed you about the deadline or failed to file your case on time.
✔ You Had Temporary Legal Status – If you were in lawful status (such as an F-1 student visa, H-1B, TPS, or another valid nonimmigrant visa) and reasonably believed you did not need to apply for asylum.
✔ You Were Dealing With Severe Trauma – If the trauma resulting from past persecution affected your ability to file within the deadline.
🔹 Key Takeaway: If something beyond your control prevented you from filing on time, you may still qualify under this exception.
How to Apply for Asylum After One Year (Why Having an Attorney Matters)
Filing for asylum after the one-year deadline is legally complex and requires clear, well-documented proof that you qualify for an exception.
That’s why working with an experienced asylum attorney is critical to maximizing your chances of success.
At Lumina Immigration Law, PC, Sahar Mousavi, a skilled immigration attorney with years of experience, has successfully helped clients navigate complex asylum cases, including late filings. Our firm ensures that your case is legally sound, supported by strong evidence, and presented persuasively.
Step 1: Work with an Attorney to Build a Strong Case
Applying for asylum after the deadline means you must prove why you qualify for an exception. Our firm will:
✔ Gather country reports and news articles to demonstrate worsening conditions.
✔ Obtain medical or psychological evaluations if trauma or illness delayed your filing.
✔ Collect affidavits from experts, witnesses, or legal professionals to strengthen your case.
Step 2: Properly File Form I-589 (Application for Asylum)
✔ Our firm will draft a powerful written statement explaining why you missed the deadline.
✔ We will ensure all supporting evidence is accurate, complete, and compelling.
✔ If you are in removal proceedings, we will file your case with an immigration judge (EOIR). If not, we will submit it to USCIS.
Step 3: Legal Representation for Your Interview or Hearing
✔ You will need to explain why you missed the deadline and why you qualify for asylum.
✔ Sahar Mousavi will personally prepare you for your USCIS interview or immigration court hearing.
✔ We will present expert witnesses and legal arguments to give you the best possible chance of approval.
💡 Bottom Line: Asylum cases are high-stakes, and missing the deadline makes them even more complicated. Don’t navigate this process alone—let our team advocate for your rights.
What Happens If My Asylum Case Is Denied?
Even if USCIS or a judge denies your asylum case, you may still have options.
1. Withholding of Removal (INA § 241(b)(3))
✔ If you can prove a high likelihood of persecution, you may qualify.
✔ You can’t get a green card, but you can stay in the U.S. legally.
2. Protection Under the Convention Against Torture (CAT)
✔ If you would be tortured if deported, the U.S. cannot remove you under international law.
3. Appeal Your Case
✔ If your asylum is denied, you can appeal to the Board of Immigration Appeals (BIA) within 30 days.
Final Thoughts: Should You Apply for Asylum After One Year?
If you missed the one-year deadline, you may still have options under legal exceptions—but proving eligibility requires a well-documented case.
At Lumina Immigration Law, PC, Sahar Mousavi and her team have successfully helped clients win asylum cases even after the deadline.
📌 Need expert legal guidance for your asylum case? Contact us today.
💡 Your safety and future in the U.S. are worth fighting for. Let’s get started today!
