The asylum one-year filing deadline: how the year is counted, the two exceptions and who is exempt

An asylum application must be filed within 1 year after the person's last arrival in the United States, and the applicant must prove that "by clear and convincing evidence", unless one of two statutory exceptions applies (changed circumstances, or extraordinary circumstances that caused the delay) or the applicant is an unaccompanied child. The deadline applies to asylum, not to withholding of removal or Convention Against Torture protection.

The one-year deadline is among the first rules to understand about asylum. It is short, it is counted from a date that many people did not write down, and a late application cannot go forward unless an exception applies, because Congress made timely filing a condition of the right to apply. At the same time, the statute and regulations contain exceptions, and the regulations are specific about what counts.

This page explains, as at 10 October 2026, what the statute and the regulations say: the rule and who has to prove it, how the year is counted and what counts as the filing date in each setting, the changed-circumstances and extraordinary-circumstances exceptions, the groups the deadline does not apply to, and how the rule is connected to other asylum rules, including a proposal on work permits that is not in force. It describes rules. It does not say whether any person is inside the year or qualifies for an exception. That depends on dates and documents that only the person has, and on how adjudicators read the exceptions. The deadline is strict and a missed date can end the asylum claim, so a person who has not yet filed, or who is unsure of a date, should speak to an attorney or DOJ-accredited representative promptly.

Quotation marks on this page mean the exact words of the statute, regulation or official page named.

The rule in the statute

Asylum is governed by section 208 of the Immigration and Nationality Act, 8 U.S.C. 1158. Subsection (a)(1) opens the door widely: a person "who is physically present in the United States or who arrives in the United States ... irrespective of such alien's status, may apply for asylum". Subsection (a)(2) then lists exceptions to that general right. The one-year rule is (a)(2)(B):

"Subject to subparagraph (D), paragraph (1) shall not apply to an alien unless the alien demonstrates by clear and convincing evidence that the application has been filed within 1 year after the date of the alien's arrival in the United States."

Several features of this sentence matter.

It conditions the right to apply. The text says paragraph (1), the right to apply, "shall not apply" unless the person demonstrates timely filing.
The person carries the burden. The applicant must "demonstrate".
The standard is "clear and convincing evidence". That is the statute's wording for the proof required, and the regulation repeats it (8 CFR 1208.4(a)(2)(i)(A)).
It points to the exceptions. "Subject to subparagraph (D)" refers to the two exceptions covered below.

USCIS states the rule in plain words on its asylum page: "You must apply for asylum within 1 year of the date of your last arrival in the United States, unless you can show:" changed circumstances or extraordinary circumstances, and "You filed within a reasonable amount of time given those circumstances." Its Form I-589 page warns: "If you fail to file Form I-589 within 1 year of your arrival in the United States, you may not be eligible to apply for asylum under section 208(a)(2)(B) of the Immigration and Nationality Act (INA)."

The deadline belongs to asylum alone. 8 CFR 1208.4(a) says the prohibition "applies only to asylum applications under section 208 of the Act and not to applications for withholding of removal under § 1208.16". Withholding of removal and protection under the Convention Against Torture have their own rules, and an application on Form I-589 is treated as seeking both asylum and withholding (8 CFR 1208.3(b)). Which of these a person should pursue, if the year has passed, is a question for a representative.

How the year is counted

The regulations that set out the counting are 8 CFR 1208.4(a)(2) (for immigration courts and the Board) and the parallel DHS rule at 8 CFR 208.4(a)(2).

When the year starts. "The 1-year period shall be calculated from the date of the alien's last arrival in the United States or April 1, 1997, whichever is later." The relevant date is the last arrival, so a person who left and came back starts a new count from the later arrival. The date does not depend on how the person entered or whether the entry was lawful.

Weekends and holidays. "When the last day of the period so computed falls on a Saturday, Sunday, or legal holiday, the period shall run until the end of the next day that is not a Saturday, Sunday, or legal holiday."

When the application is "filed". The date depends on where it goes.

At USCIS, "an application is considered to have been filed on the date it is received by the Service". The DHS version of the rule points to 8 CFR 103.2(a)(7) for what receipt means.
If it was not received in time but the applicant "provides clear and convincing documentary evidence of mailing the application within the 1-year period, the mailing date shall be considered the filing date."
At the immigration court: "the application is considered to have been filed on the date it is received by the immigration court." At the Board: "on the date it is received by the Board."
In a case that began with a credible fear screening, 8 CFR 1208.3(a)(2) treats the written record of the positive credible fear determination as the application, "with the date of service of the positive credible fear determination on the alien considered the date of filing and receipt".
Failing to provide biometrics does not undo a filing for this purpose: the regulation says that "The failure to have provided required biometrics and other biographical information does not prevent the 'filing' of an asylum application for purposes of the one-year filing rule".

A worked example of the arithmetic. This is an illustration, not advice about any person. Suppose a person's last arrival was on 14 November 2025. The first anniversary is 14 November 2026, which is a Saturday. Under the weekend rule the period runs "until the end of the next day that is not a Saturday, Sunday, or legal holiday", which here is Monday, 16 November 2026 (the Sunday in between does not count). An application received by USCIS on that Monday is inside the year. One received on Tuesday is not, unless an exception applies. A mailed application is judged by receipt, not postmark, unless there is "clear and convincing documentary evidence of mailing". The point of the example is that the receipt date, not the day the envelope was mailed, is what counts, and that the person must be able to prove the arrival date. Anyone computing a real deadline should have a representative check it.

Who the deadline does not apply to

Unaccompanied children. 8 U.S.C. 1158(a)(2)(E): "Subparagraphs (A) and (B) shall not apply to an unaccompanied alien child (as defined in section 279(g) of title 6)." The one-year deadline is subparagraph (B), so it does not apply to them.

People seeking only withholding of removal or Convention Against Torture protection, because the prohibition "applies only to asylum applications". Those forms of protection carry their own, narrower rules and benefits.

People who qualify for an exception (the next two sections). Under 8 U.S.C. 1158(a)(2)(D), the application "may be considered, notwithstanding subparagraphs (B) and (C)".

There is a second filing bar next to the one-year rule. Subparagraph (C) bars an application by a person who "has previously applied for asylum and had such application denied", and it is also subject to the exceptions. The regulation clarifies that "an asylum application has not been denied unless denied by an immigration judge or the Board of Immigration Appeals" (8 CFR 1208.4(a)(3)). A USCIS rejection for a defect, or a USCIS referral to the court, is therefore not a "denial" for this purpose.

Exception one: changed circumstances

The statute allows a late application if the person demonstrates "the existence of changed circumstances which materially affect the applicant's eligibility for asylum" (8 U.S.C. 1158(a)(2)(D)). The regulation defines the term in 8 CFR 1208.4(a)(4): it refers to "circumstances materially affecting the applicant's eligibility for asylum" and says they may include, "but are not limited to":

"Changes in conditions in the applicant's country of nationality or, if the applicant is stateless, country of last habitual residence";
"Changes in the applicant's circumstances that materially affect the applicant's eligibility for asylum, including changes in applicable U.S. law and activities the applicant becomes involved in outside the country of feared persecution that place the applicant at risk"; and
for a person who was a dependent on someone else's pending asylum application, "the loss of the spousal or parent-child relationship to the principal applicant through marriage, divorce, death, or attainment of age 21."

Even where a change qualifies, the person must still file in time after it. The regulation says the applicant must file "within a reasonable period given those 'changed circumstances'", and that if the person "did not become aware of the changed circumstances until after they occurred, such delayed awareness shall be taken into account in determining what constitutes a 'reasonable period.'" The regulation does not give a number of days. What is reasonable is decided case by case by the asylum officer, the judge or the Board, and the burden is on the applicant.

Exception two: extraordinary circumstances

The second exception covers "extraordinary circumstances relating to the delay in filing an application". 8 CFR 1208.4(a)(5) defines it narrowly: "events or factors directly related to the failure to meet the 1-year deadline". The delay can be excused "as long as the alien filed the application within a reasonable period given those circumstances".

The regulation puts a three-part burden on the applicant. The person must establish "that the circumstances were not intentionally created by the alien through his or her own action or inaction, that those circumstances were directly related to the alien's failure to file the application within the 1-year period, and that the delay was reasonable under the circumstances."

Examples the regulation lists (it says the list is not exclusive) are:

"Serious illness or mental or physical disability, including any effects of persecution or violent harm suffered in the past, during the 1-year period after arrival";
"Legal disability (e.g., the applicant was an unaccompanied minor or suffered from a mental impairment) during the 1-year period after arrival";
ineffective assistance of counsel, "provided that" the person files an affidavit detailing the agreement with counsel and what counsel did or did not say, shows that the counsel was informed of the allegations and given a chance to respond, and states whether a complaint was filed with disciplinary authorities and, if not, why not;
the applicant "maintained Temporary Protected Status, lawful immigrant or nonimmigrant status, or was given parole, until a reasonable period before the filing of the asylum application";
the applicant filed before the deadline, but the application "was rejected by the Service as not properly filed, was returned to the applicant for corrections, and was refiled within a reasonable period thereafter"; and
"The death or serious illness or incapacity of the applicant's legal representative or a member of the applicant's immediate family."

Two details deserve attention. First, the ineffective-assistance route has formal requirements, and it is the route most connected to the problem of unauthorized "preparers": a person who paid a notario or consultant and then missed the deadline does not get to rely on the circumstance without the affidavit and the other steps. Second, the status and rejection examples are tied to timing: the status must have lasted "until a reasonable period before" filing, and a rejected application must be refiled within a reasonable period. Our pages on who can give immigration advice and notario vs. immigration lawyer explain who is authorised to help.

Burden, who decides, and limits on review

Burden. 8 CFR 1208.4(a)(2)(i) says the applicant "has the burden of proving": (A) "By clear and convincing evidence that the application has been filed within 1 year of the date of the alien's arrival in the United States, or" (B) "To the satisfaction of the asylum officer, the immigration judge, or the Board that he or she qualifies for an exception to the 1-year deadline." Proof of the arrival date is therefore evidence the applicant has to produce. Travel records, entry stamps and records kept by the person can matter, and which documents an adjudicator accepts is something a representative can advise on.

Who decides. 8 CFR 1208.4(a)(1): "Only an asylum officer, an immigration judge, or the Board of Immigration Appeals is authorized to make determinations regarding the prohibitions contained in section 208(a)(2)(B) or (C) of the Act." If an application "appears to have been filed more than a year after the applicant arrived in the United States," the adjudicator "will determine whether the applicant qualifies for an exception to the deadline", and the applicant is given the opportunity "to present any relevant and useful information bearing on any prohibitions on filing".

Limits on review. 8 U.S.C. 1158(a)(3): "No court shall have jurisdiction to review any determination of the Attorney General under paragraph (2)." The statute therefore bars court review of determinations under paragraph (2), which includes the one-year rule. Exactly how far that goes in a given federal circuit, including for questions of law, is for a lawyer.

Incomplete or rejected filings. An application that is incomplete "shall be rejected by the immigration court" and the person must correct and refile it within 30 days (8 CFR 1208.3(c)(3)). The same paragraph says "The filing of an incomplete application shall not commence the period after which the applicant may file an application for employment authorization", so a defective filing can affect both the deadline analysis and the work permit clock. The asylum fee must also be paid with the application; see asylum fees in 2026 for the rejection rules.

Where the deadline appears in other rules, including a proposal

The one-year rule has become linked to other asylum rules, which is another reason to keep track of the filing date.

A proposed rule on work permits (not in force). On 23 February 2026, DHS published a notice of proposed rulemaking, "Employment Authorization Reform for Asylum Applicants" (91 FR 8616). Among many other changes, it says: "DHS proposes to exclude from (c)(8) EAD eligibility any alien whose asylum application is filed on or after the effective date of the final rule and more than 1 year after the alien's arrival in the United States, unless an asylum officer or IJ determines that an exception to the 1-year filing deadline exists, or unless the alien is under USCIS' initial jurisdiction as an unaccompanied alien child (UAC)." The comment period closed on 24 April 2026. As at 10 October 2026, the Federal Register shows the proposal but no final rule under that title. It is a proposal only: today's rules for a pending applicant's work permit are in our page on the asylum work permit.

Referral without an interview. An interim final rule effective 28 July 2026 (91 FR 47101) lets USCIS "refer certain affirmative asylum applications" to the immigration court "without interview", while stating that "USCIS still offers an interview prior to a grant or denial of asylum." A person whose application is referred then pursues asylum before an immigration judge, where the rules in 8 CFR 1208.4 apply.

Defensive cases. In removal proceedings, an application is filed with the court, and the court's receipt date governs. Our pages on the Notice to Appear and cancellation of removal describe other relief that is decided inside the same proceeding.

Notaries public, notarios and immigration consultants are not lawyers and cannot give immigration legal advice. Only a licensed attorney or a DOJ-accredited representative can.

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Notaries public, notarios and immigration consultants are not lawyers and cannot give immigration legal advice. Only a licensed attorney or a DOJ-accredited representative can.

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Questions people ask

What is the one-year deadline for asylum?

Under 8 U.S.C. 1158(a)(2)(B), the right to apply for asylum does not apply "unless the alien demonstrates by clear and convincing evidence that the application has been filed within 1 year after the date of the alien's arrival in the United States." The year runs from the last arrival (8 CFR 1208.4(a)(2)(ii)).

Are there exceptions to the one-year deadline?

Yes. 8 U.S.C. 1158(a)(2)(D) allows a late application if the person demonstrates changed circumstances that materially affect eligibility for asylum, or extraordinary circumstances relating to the delay, and the person then filed within a reasonable period. Unaccompanied children are exempt from the one-year rule (1158(a)(2)(E)). The regulation lists examples at 8 CFR 1208.4(a)(4) and (5).

Does the one-year deadline apply to withholding of removal?

No. 8 CFR 1208.4(a) says the prohibition "applies only to asylum applications under section 208 of the Act and not to applications for withholding of removal under § 1208.16." The two kinds of protection differ in what they provide, so a representative can explain the difference.

What counts as the filing date?

At USCIS the date the application is received (or a mailing date, if the applicant provides "clear and convincing documentary evidence of mailing" within the year). At the immigration court, the date the court receives it; at the Board, the date the Board receives it (8 CFR 1208.4(a)(2)(ii)). For a person with a positive credible fear determination, the date that determination was served can count as the filing date (8 CFR 1208.3(a)(2)).

What if the year ends on a weekend?

8 CFR 1208.4(a)(2)(ii) says that when the last day "falls on a Saturday, Sunday, or legal holiday, the period shall run until the end of the next day that is not a Saturday, Sunday, or legal holiday."

Can I rely on a notario or consultant to file my asylum application on time?

Only an attorney or a DOJ-accredited representative can give immigration legal advice. If bad help causes a missed deadline, the ineffective-assistance exception in 8 CFR 1208.4(a)(5)(iii) has formal requirements, including an affidavit and notice to the person whose help is criticised, and the burden remains on the applicant.

Sources

Last checked 2026-10-10.

Related guides

Asylum fees in 2026: the $100 filing fee, the annual asylum fee ($105), and what happens if one is not paid — Filing Form I-589 carries a $100 statutory asylum fee, and each calendar year the application stays pending an annual asylum fee is due: $105 under the fiscal year 2027 adjustment (EOIR from 1 October 2026; USCIS requests postmarked on or after 16 October 2026). Neither can be waived, an unpaid annual fee leads to rejection of the application, and a rejected application's filing fee is kept.
The asylum work permit in 2026: the 150- and 180-day clock, the fees, when it ends, and the proposed 365-day rule — A person with a pending asylum application may file Form I-765 under category (c)(8) no earlier than 150 days after a complete application is received, and USCIS may not issue the card before 180 days. The initial fee is a statutory $560 (and $570 for requests postmarked on or after 16 October 2026) that cannot be waived. A proposed rule would lengthen the wait to 365 days; it is not in force.
Notice to Appear (NTA): what it is, what it must say and what happens next — A Notice to Appear starts removal proceedings once it is filed with an immigration court. The statute lists what it must contain, sets a minimum of 10 days before the first hearing and requires an address on file with the court. Missing a hearing after proper written notice can lead to an order of removal in the person's absence.
Cancellation of removal: who can ask for it, the EOIR-42A and EOIR-42B fees, and the rules that stop the clock — Cancellation of removal is a form of relief that an immigration judge may grant, in removal proceedings only. Permanent residents use Form EOIR-42A ($730 from 1 October 2026); people who are not permanent residents use Form EOIR-42B ($1,690), which requires 10 years of continuous physical presence and "exceptional and extremely unusual hardship" to a qualifying relative. The clock for both generally stops when a Notice to Appear is served.
Deportation defense: who the law lets represent you in immigration court, and how to check — In removal proceedings the law gives a person the privilege of being represented "at no expense to the Government", and 8 CFR 1292.1 limits who may do it to a closed list: registered attorneys, fully accredited representatives of DOJ-recognized non-profits, supervised law students and graduates, and a few others. Notaries, notarios, consultants and document preparers are not on the list.
Who can legally give US immigration advice? — Attorneys in good standing and DOJ-accredited representatives of recognized non-profits can advise and represent you; a few narrow categories can appear unpaid. Notaries, notarios and immigration consultants cannot give immigration legal advice. Form preparers may only fill in blanks for a nominal fee.
Notario vs. immigration lawyer: what a notary can't do — In the United States a notary public (notario público) is not a lawyer and may not give immigration legal advice or represent you. Federal rules limit representation to attorneys, DOJ-accredited representatives and a few narrow categories.
Free ($0) and low-cost immigration legal help: where it comes from — Legal help at $0 or low cost comes mainly from three official sources: EOIR's List of Pro Bono Legal Service Providers (for people in immigration court), DOJ-recognized non-profits with accredited representatives, and supervised law school clinics. Government filing fees usually still apply.
Immigration scams: warning signs and where to report them — Only attorneys and DOJ-accredited representatives may give immigration legal advice, USCIS forms are available at no cost on its website, and USCIS does not take payment by gift card or by apps such as Venmo. If you have paid a scammer, report to the FTC and your state consumer protection office.