A significant challenge for asylum seekers is the one-year filing deadline. According to U.S. immigration law, you must apply for asylum within one year of your last arrival in the United States. However, there are exceptions to this rule, such as:
Changes in Your Personal Circumstances: Personal circumstances can change in ways that make you eligible for asylum after your arrival in the United States. For instance, coming out as LGBTQ+ in a society that now enforces severe penalties for homosexuality can create a new risk of persecution. Another example is if you begin practicing a religion that is persecuted in your home country after arriving in the U.S., or if you become politically active against your home country's regime, leading to threats against you or your family.
Extraordinary Circumstances That Prevented You from Filing Within the One-Year Period: Certain situations may prevent you from applying for asylum within the one-year deadline. These include:
- Severe Illness: If you or a family member were suffering from a severe illness that required your full attention and prevented you from focusing on your asylum application, this can be considered an extraordinary circumstance.
- Legal Disability: If you were a minor or had a legal disability that made it impossible for you to apply for asylum on your own, this could also qualify. Additionally, if you were under the care of a guardian who was unable to apply on your behalf, this might be an acceptable reason.
- Significant Obstacles: Other significant obstacles could include being detained or held in restrictive environments where you did not have access to legal resources or information about asylum procedures. In some cases, misinformation or incorrect advice from an unqualified legal representative can also be grounds for an exception.
Our expert Phoenix Asylum Immigration attorneys can help you determine if you qualify for these exceptions and ensure your application is submitted correctly and promptly.