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Self-check

Self-check: the one-year deadline to apply for asylum

Most people must apply for asylum within one year after they arrive in the United States. Answer five short questions to see which part of the law may matter to you, with links to the official rules.

Reviewed by Carlos Maury, former U.S. Immigration Judge. Last reviewed: .

General information, not legal advice. This self-check is general information only. It is not legal advice and not a substitute for a consultation with a lawyer. It gives no result about your case and does not count your deadline for you. It has no form, so nothing you type or click is sent anywhere.

Self-check: five questions

Open each question. Each answer is a link that takes you to a short explanation below. If you are close to the one-year mark, do not wait to finish reading: talk to a lawyer now.

  1. Question 1: Did you last arrive in the United States less than one year ago?

    The year is counted from the date of your last arrival in the United States. If the last day falls on a Saturday, Sunday or legal holiday, the period runs to the end of the next business day. You must prove by "clear and convincing evidence" that you filed within the year, so keep proof of the date you arrived.

  2. Question 2: Have you already filed Form I-589, the asylum application?

    Form I-589 is filed with U.S. Citizenship and Immigration Services (USCIS) if you are not in immigration court, or with the immigration court if you are in removal proceedings there. The filing date is the date the office receives it, not the date you signed it.

  3. Question 3: Did something change in your home country or in your own life that affects your asylum claim?

    The law calls this "changed circumstances." Examples in the rule are new conditions in your country, a change in your own situation or in U.S. law, activities outside your country that now put you at risk, or losing your place in a family member's pending case through divorce, death or turning 21.

  4. Question 4: Did something serious keep you from filing during your first year?

    The law calls this "extraordinary circumstances." Examples in the rule are serious illness or disability (including the effects of past persecution), ineffective help from a lawyer, keeping a lawful status, Temporary Protected Status or parole, an application that was returned for corrections and filed again, or the death or serious illness of your lawyer or a close family member.

  5. Question 5: Were you an unaccompanied child when you came to the United States?

    In the law, an "unaccompanied alien child" is a child under 18 who has no lawful immigration status and has no parent or legal guardian in the United States, or none available to provide care and physical custody.

What your answers may mean

You may still be within the one-year deadline

The law says asylum must be filed "within 1 year after the date of the alien's arrival in the United States" (8 U.S.C. § 1158(a)(2)(B)). Under 8 C.F.R. § 208.4(a)(2):

  • The year runs from your last arrival. If the last day is a weekend or legal holiday, it runs to the end of the next business day.
  • An application sent to USCIS counts as filed on the date USCIS receives it. If it arrives late, clear and convincing documentary proof that you mailed it within the year can make the mailing date count.
  • If you are in immigration court, the application counts as filed on the date the court receives it.

Do not plan to file on the last day. File well before the deadline and keep proof of when it was received. To see where to file, read the official USCIS Form I-589 page; if you have an A-Number, check whether you are in court with EOIR's Automated Case Information or our immigration court date lookup. Our asylum lawyer page explains how we help with asylum applications.

This is general information. A lawyer should review your own dates and facts.

You have already filed (or are not sure)

Keep your USCIS receipt notice or the copy the court stamped, and proof of the date it was received. If you filed more than a year after you arrived, an asylum officer, an immigration judge or the Board of Immigration Appeals will decide whether an exception applies, and you will need to explain it (8 C.F.R. § 208.4(a)(1)-(2)).

  • Returned or rejected application. If you filed before the deadline but USCIS rejected the application as not properly filed or returned it for corrections, filing it again within a reasonable time can be an extraordinary circumstance (8 C.F.R. § 208.4(a)(5)(v)).
  • An earlier denial. A person whose earlier asylum application was denied generally cannot apply again unless changed circumstances apply (8 U.S.C. § 1158(a)(2)(C)-(D)). For this rule, an application counts as denied only if an immigration judge or the Board denied it (8 C.F.R. § 208.4(a)(3)).
  • Not sure what was filed? If you have an A-Number, EOIR's Automated Case Information shows whether you have a case in immigration court. A lawyer can also help you request your records.

See our asylum lawyer page, or our deportation defense lawyer page if you are in immigration court.

This is general information. A lawyer should review your own file.

An exception to the deadline may apply

A late application may still be considered if you show "changed circumstances which materially affect the applicant's eligibility for asylum" or "extraordinary circumstances relating to the delay in filing" (8 U.S.C. § 1158(a)(2)(D)). The rule in 8 C.F.R. § 208.4(a)(4)-(5) adds important limits:

  • You must still file within a "reasonable period" after the changed or extraordinary circumstances. The rule does not set a number of days, so act quickly. If you learned of a change only after it happened, that delay is taken into account.
  • For extraordinary circumstances, you must show that you did not create them on purpose, that they were directly related to missing the deadline, and that your delay was reasonable.
  • Ineffective help from a lawyer has extra steps: a detailed sworn statement about the agreement with that lawyer, notice to that lawyer with a chance to respond, and a statement of whether a complaint was filed with the disciplinary authorities, and if not, why not.

The lists in the rule are examples, not the only possibilities. An asylum officer, an immigration judge or the Board decides whether an exception applies. Gather documents that show what happened and when. See our asylum lawyer page.

This is general information. A lawyer should review whether an exception fits your situation.

The deadline may not apply to an unaccompanied child

The law says the one-year deadline does not apply to an unaccompanied alien child (8 U.S.C. § 1158(a)(2)(E)). The definition is in 6 U.S.C. § 279(g)(2): under 18, no lawful immigration status, and no parent or legal guardian in the United States available to provide care and physical custody.

Separately, being an unaccompanied minor during the first year after arrival is listed as a "legal disability" that can be an extraordinary circumstance (8 C.F.R. § 208.4(a)(5)(ii)). The USCIS Form I-589 page says a person who is, or was previously determined to be, an unaccompanied alien child may file with USCIS even while in removal proceedings, and must file by mail.

Whether someone counts as an unaccompanied child, and from what date, is a legal question. See our asylum lawyer page.

This is general information. A lawyer should review your own history.

If no exception fits: other protection may remain

Missing the deadline affects asylum only. The rule says the one-year bar "applies only to asylum applications" and "not to applications for withholding of removal under § 208.16" (8 C.F.R. § 208.4(a)). Section 208.16 covers withholding of removal and protection under the Convention Against Torture (CAT); deferral of removal under CAT is in § 208.17.

  • These protections are harder to win than asylum. You must show it is "more likely than not" that you would be persecuted, or tortured for CAT (8 C.F.R. § 208.16(b)-(c)).
  • In most cases, an immigration judge decides them, not an asylum officer (8 C.F.R. § 208.16(a)). Form I-589 is the application for both asylum and withholding of removal.
  • Exceptions depend on facts. A lawyer may see a changed or extraordinary circumstance that you did not think of.

Our guide to asylum vs. withholding of removal vs. CAT compares the three. See also our deportation defense lawyer and asylum lawyer pages.

This is general information. A lawyer should review which protection may fit your situation.

Steps you can take now

  1. Find proof of your last arrival date, such as a passport stamp, an arrival record or travel tickets.
  2. Find out whether you are in immigration court. If you have an A-Number, use our immigration court date lookup. That decides whether you file with USCIS or with the court.
  3. Do not count down to the last day. Mail can be slow, and an application can be rejected if it is not filed correctly. Follow the current instructions on the USCIS Form I-589 page.
  4. Keep copies of everything you file and every receipt, notice and proof of mailing.
  5. Talk to a lawyer before you file and as soon as you can. You can contact our office.

Frequently asked questions

When does the one-year asylum deadline start?

The year is counted from the date of your last arrival in the United States. If the last day falls on a Saturday, Sunday or legal holiday, the period runs to the end of the next business day. This page does not count your deadline for you; a lawyer should check your dates.

Is my application filed on the day I mail it?

Generally no. An application sent to USCIS counts as filed on the date USCIS receives it, and one filed in immigration court counts on the date the court receives it. If a USCIS application arrives after the year, clear and convincing documentary proof that it was mailed within the year can make the mailing date count.

What are the exceptions to the one-year deadline?

The law allows a late application if there are changed circumstances that materially affect your eligibility for asylum, or extraordinary circumstances related to the delay. You must still file within a reasonable period after those circumstances. An asylum officer, an immigration judge or the Board of Immigration Appeals decides whether an exception applies.

Does the one-year deadline apply to children?

The law says the deadline does not apply to an unaccompanied alien child: a child under 18 with no lawful immigration status and no parent or legal guardian in the United States available to provide care and physical custody. Whether someone counts as one is a legal question for a lawyer.

If I missed the deadline, can I still ask for protection?

Possibly. The one-year bar applies only to asylum. It does not apply to withholding of removal or protection under the Convention Against Torture, but those require showing that persecution or torture is more likely than not, and an immigration judge usually decides them.

Can I apply again if my asylum application was denied before?

Generally not, unless changed circumstances materially affect your eligibility. For this rule, an application counts as denied only if an immigration judge or the Board of Immigration Appeals denied it. A lawyer should review your earlier case.

Does this self-check save or send my answers?

No. The page has no form. Your answers are only links to explanations on the same page, and nothing you click is sent anywhere. It is general information, not legal advice.

Official sources

Related services: Asylum lawyer · Deportation defense lawyer

More guides: Asylum document checklist · Asylum vs. withholding vs. CAT · Adjustment vs. consular processing · Bond vs. parole · Deportation vs. voluntary departure · If ICE comes to your door · Los Angeles immigration guide · USCIS processing times · Visa Bulletin · Am I in removal proceedings? · Conviction self-check · Immigration FAQ