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Overcoming the One-Year Bar: Changed Circumstances and . . . - ALRP Applicant for asylum may not apply “unless the alien demonstrates by clear and convincing evidence that the application has been filed within 1 year after the date of alien's arrival in the United States”
PRESERVING THE ONE-YEAR FILING DEADLINE FOR ASYLUM CASES STUCK IN THE . . . The one-year filing deadline is subject to two statutory exceptions An applicant may apply for asylum more than one year after entry by demonstrating “either the existence of changed circumstances which materially affect the applicant's eligibility for asylum or extraordinary circumstances relating to the delay in filing an application ”12
Matter of T-M-H- S-W-C-, 25 I N Dec. 193 (BIA 2010) An alien does not receive an automatic 1-year extension in which to file an asylum application following “changed circumstances” under section 208(a)(2)(D) of the Immigration and Nationality Act, 8 U S C § 1158(a)(2)(D) (2006)
Asylum Bars - USCIS Can be removed to a safe third country under a 2-party or multi-party agreement between the United States and other countries There are exceptions to these bars for “changed circumstances” or “extraordinary circumstances ” Both are defined in 8 CFR 208 4
5. The One-Year Filing Deadline - Immigration Equality One of the major provisions of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 is the requirement that all asylum applicants must apply within one-year of their last entry into the United States
Overcoming the One-Year Bar After You’ve Filed for Asylum I recently employed some nifty case law to help a client overcome the one-year bar and win asylum, and I imagine that other late filers might benefit from this client’s experience
eCFR :: 8 CFR 208. 4 -- Filing the application. Such circumstances may excuse the failure to file within the 1-year period as long as the alien filed the application within a reasonable period given those circumstances
The One-Year Bar to U. S. Asylum - PHR At that point, an asylum application that could have been quickly decided by an asylum officer now involves dozens of federal employees – not in order to decide whether the applicant was indeed persecuted, but to decide whether they had a valid excuse for filing their application more than one year after arriving in the United States