Overcoming the One-Year Bar After You’ve Filed for Asylum

The law of asylum requires applicants to file their form I-589 within one year of arriving in the United States; otherwise, their case can be denied as untimely. There are exceptions to the one-year filing rule, and if you are relying on one of those, you would normally include that information in the I-589 at the time of filing.

However, it is also possible to qualify for an exception to the one-year bar after you file 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.

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The One Year Bar and LGBT Asylum Claims

Richard Kelley is the  Legal Program Coordinator for DC Center Global, an organization focused on supporting LGBTQI asylum seekers in Washington, DC. Most recently, Richard was a Senior Associate at the DC Affordable Law Firm, practicing immigration and family law. He is currently an associate at DLA Piper (USA). His full biography can be found here.  Contact Richard Kelley … Read more

The One-Year Asylum Filing Deadline and What to Do About It

The law requires that people who wish to seek asylum in the United States file their applications within one year of arriving here. See INA § 208(a)(2)(B). Those who fail to timely file are barred from asylum unless they meet an exception to the rule (they may still qualify for other—lesser—humanitarian benefits such as Withholding of … Read more

Congress Considers Waiving the One-Year Asylum Deadline for Indonesian Christians

Note to policy advocates: If you want Congress to pass a law helping immigrants, try to frame the law in a way that sticks it to the Muslims.  That is exactly what has been happening with a proposed bill (HR 3590) to help Indonesian Christians who were persecuted by Muslims in the late 1990’s. The … Read more