6 Notably, although the regulations list specific situations that fall within the exceptions to the one-year deadline (see below), Board of Immigration Appeals (BIA) precedent holds that an individualized analysis as to the facts of the case is still required even when the facts fit into one of the enumerated situations. 5įinal regulations regarding the one-year filing deadline were promulgated in December of 2000. If the application was mailed within the one-year period but was not received by CIS within that period, the mailing date will be considered the filing date if the applicant provides clear and convincing documentary evidence that the application was mailed within the required time period. 4 An application is considered to have been filed on the date it is received by Citizenship and Immigration Services (CIS). The one-year filing deadline is calculated from the date of the applicant’s last arrival in the United States. The one-year deadline only applies for asylum applications and not for withholding of removal or relief under the Conventions Against Torture (CAT).

3 The application, however, must still be filed within a reasonable period of time after the changed circumstances or extraordinary circumstances occur in order to warrant an exception to the one-year deadline. 2 The applicant only needs to demonstrate that it is reasonable for the Asylum Officer to conclude that the exception applies under the circumstances. The statute specifically states that an asylum applicant must demonstrate “by clear and convincing evidence that the application has been filed within 1 year after the date of the arrival in the United States.” 1 An asylum applicant can demonstrate that they are eligible for an exception to this rule if there are changed circumstances or extraordinary circumstances relating to the delay in filing the application. 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. You should always consult an attorney regarding your matter. The information contained herein is for reference only and may not be up to date.

Severe periods 1 year after xsection