The one year deadline to apply for asylum

If you have been here more than a year and are scared you waited too long, take a breath. Many people miss the deadline for real reasons: trauma, illness, fear, no money, no one to explain the rules. The law makes room for some of those reasons. And even if asylum is closed to you, other protection may not be.

This page covers the one year deadline only. It is general information, not legal advice. For the full process, see Asylum in the United States: the complete guide and Who can apply for asylum and how do I start?

What is the one year deadline?

Federal law says you must show, by clear and convincing evidence, that you filed your asylum application within one year after you arrived in the U.S. (8 USC 1158(a)(2)(B)). Clear and convincing is a high standard. You need strong proof of your arrival date.

How the year is counted (8 CFR 208.4(a)(2)):

• It runs from your last arrival. If you left and came back, the clock restarts from the most recent entry.
• If the last day is a Saturday, Sunday or legal holiday, you have until the next business day.
• At USCIS, the application counts as filed on the day USCIS receives it. If it arrives late but you have clear proof you mailed it within the year, the mailing date counts.
• In immigration court, it counts as filed the day the court receives it.

Only an asylum officer, an immigration judge or the Board of Immigration Appeals can decide whether you meet the deadline or an exception (8 CFR 208.4(a)(1)).

I have been here more than a year. Can I still apply?

Yes, you can still file. Whether asylum can be granted depends on whether an exception applies. The law allows a late application if you show either (8 USC 1158(a)(2)(D)):

• Changed circumstances that materially affect your eligibility, or
• Extraordinary circumstances related to why you did not file in time.

Either way, you must then file within a reasonable period (8 CFR 208.4(a)(4)(ii), (a)(5)). The rule does not set a number of months. Do not wait.

What counts as changed circumstances?

These are changes that affect whether you qualify for asylum. Examples the rule lists (8 CFR 208.4(a)(4)):

• Your country got worse. For example, a new government, new violence against your group, or a new law targeting people like you.
• Your own situation changed. For example, you became active in politics or religion here in a way that puts you at risk back home, or a change in U.S. law affects your eligibility.
• You lost your place on someone else's application. If you were a dependent on a spouse's or parent's asylum case and you divorced, they died, or you turned 21.

If you did not learn about the change until later, that delay is considered when deciding what a reasonable period is.

What counts as extraordinary circumstances?

These are events directly tied to why you missed the deadline. They must not be caused on purpose by you, and you carry the burden of proof. The rule lists examples (8 CFR 208.4(a)(5)):

1. Serious illness or disability during the first year, including the effects of past persecution or violence, like trauma.
2. Legal disability, for example being an unaccompanied minor or having a mental impairment during the first year.
3. Ineffective help from a lawyer, if you file a detailed statement about what was agreed, the lawyer is told and can respond, and you say whether you filed a complaint against them, and if not, why.
4. You had TPS, another lawful status or parole until a reasonable period before filing.
5. You filed on time but it was rejected as not properly filed or sent back for fixes, and you refiled within a reasonable period.
6. Death or serious illness of your lawyer or a close family member.

The list is not complete. Other reasons can work if they fit the rule.

Does the deadline apply to children who came alone?

No. The one year deadline does not apply to an unaccompanied alien child (8 USC 1158(a)(2)(E)). That is a child under 18 with no lawful status and no parent or legal guardian in the U.S. available to care for them (6 USC 279(g)(2)). USCIS asylum officers have first say over these children's cases (8 USC 1158(b)(3)(C)).

J.O.P. v. DHS settlement. A court approved a settlement on November 25, 2024. For class members, people who were determined to be unaccompanied children and met the class rules by February 24, 2025, USCIS will not apply the one year deadline, and USCIS will decide their case even if an immigration judge said the judge had jurisdiction (ICE, J.O.P. class notice). Ask a lawyer whether you are a class member.

Children and teens may also qualify for SIJS. See What is SIJS and can my child qualify? California funds free legal help for unaccompanied minors (CDSS).

What if no exception fits?

You may still be protected from being sent back. The I-589 also asks for:

• Withholding of removal. You must show it is more likely than not your life or freedom would be threatened for one of the five asylum reasons. This is a higher bar than asylum.
• Protection under the Convention Against Torture (CAT). You must show it is more likely than not you would be tortured.

Neither has a one year deadline (8 USC 1158(a)(2)(B); 8 CFR 208.4(a); 8 CFR 1208.16). They give less than asylum: they stop removal to that one country, but the government can still send you to a different country. These are usually decided in immigration court. Ask your lawyer what they would mean for you and your family.

Are there other bars besides the deadline?

Yes. Asylum is also generally barred if an immigration judge or the Board already denied your asylum application before, unless circumstances changed, or if a safe third country agreement applies (8 USC 1158(a)(2)(A), (C); 8 CFR 208.4(a)(3)). A lawyer should check all of these at once.

Does filing late affect a work permit?

Not under today's rules, but that could change. A proposed rule from February 23, 2026 would bar most people who filed asylum after the one year deadline from getting an asylum based work permit. It was not final as of October 21, 2026 (Federal Register, 2026-03595). See Can I get a work permit while my asylum case is pending?

What does it cost to file?

• $100 application fee and $105 annual fee for each year the case is pending. Neither can be waived (Federal Register, FY 2027 H.R. 1 fees).
• If USCIS rejects your application, it keeps the fee (8 CFR 106.2).
• Not paying the annual fee on time can end your asylum claim. Details: New immigration court and asylum fees in 2026.

What should I do now?

1. Write your timeline: every arrival and departure, and what happened in your first year here (illness, trauma, fear, status, lawyer problems).
2. Gather proof of your arrival date and of any exception (see the checklist).
3. Get a free screening. A lawyer can tell you if an exception fits and whether to file with USCIS or the court.
4. File as soon as you can. Every week counts toward "a reasonable period."
5. Never miss a court date. Missing one can lead to a removal order (8 USC 1229a(b)(5)).

Who can help?

These programs are free or low cost. Contact them to confirm hours, languages and openings. Being listed here is not a referral or a promise of service.

• Community Legal Services in East Palo Alto (CLSEPA): 650-326-6440. Asylum, for low income residents of San Mateo and Santa Clara counties (CLSEPA).
• Bay Area Legal Aid: 1-800-551-5554, all languages (BayLegal).
• Immigration Institute of the Bay Area: free first consultation by appointment, (650) 587-1558.
• Came alone as a child (California): CDSS youth legal services.
• In immigration court: Can I get a free lawyer for immigration court?
• More: Free or low cost immigration legal help in the Bay Area.

Questions people ask

I left the U.S. and came back. Which date counts? Your last arrival (8 CFR 208.4(a)(2)). Be careful: leaving can cause other problems. Ask a lawyer before you travel.

I did not know about the deadline. Is that an exception? Not knowing the rule is not on the list by itself. But the reasons you did not know, like trauma, illness, or being a child, may fit. Tell your lawyer everything.

I was depressed and could not function my first year. Does that count? It can. The rule names serious illness, including the effects of past persecution or violence (8 CFR 208.4(a)(5)(i)). Records from a doctor, counselor or clinic help. See Mental health care without fear.

A notario took my money and never filed. What now? That may support an exception, and it may be a crime. See Warning signs of an immigration scam. Gather receipts and messages.

Can I file today and add evidence later? Often yes, but a lawyer should check your application first. An incomplete form can be rejected, and USCIS keeps the fee.

Is there a checklist I can print?

You are not your deadline. Get your story and your proof together, and get a lawyer to look at it this week.