Answer FileImmigration

How long do I have to apply for asylum in the United States?

The answer, cited

One year from your last arrival in the United States, under 8 U.S.C. § 1158(a)(2)(B). Exceptions exist for changed circumstances materially affecting eligibility and extraordinary circumstances excusing delay, with filing within a reasonable time afterward. Missing the year still leaves withholding of removal and Convention Against Torture protection, which have no filing deadline.

One year from your last arrival — the deadline that shapes most asylum cases. Under 8 U.S.C. § 1158(a)(2)(B) (INA section 208), an application must be filed within one year of arrival unless the applicant shows changed circumstances materially affecting eligibility (conditions deteriorating in the home country, a new conversion or political activity, changed personal status) or extraordinary circumstances excusing the delay (serious illness, legal disability, ineffective assistance of counsel), with filing within a reasonable time afterward. Filing is Form I-589, free of charge, either affirmatively with USCIS or defensively in removal proceedings. Missing the year does not end protection entirely: withholding of removal (8 U.S.C. § 1231(b)(3)) and protection under the Convention Against Torture have no filing deadline, though both demand a higher likelihood of persecution and confer narrower status. Asylum applicants may seek work authorization after the application has been pending the statutory waiting period, and a grant opens the path to a green card one year later.

Authority: 8 U.S.C. § 1158(a)(2)(B)

Source: 8 U.S.C. § 1158(a)(2)(B) · Checked: · Maintained by the California Attorney Registry from official State Bar of California records. Legal information, not legal advice.

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