¿What happens if I don’t apply for asylum within the first year of entering the U.S.?

Did you enter the U.S. and not apply for asylum within the first year? Find out what the law says, what consequences it may bring, and whether there are legal exceptions that allow you to apply late.

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One of the most common questions among immigrants newly arrived in the United States is: what happens if I don't apply for asylum within the first year? This time limit is very important, and not meeting it can seriously affect your chances of obtaining legal protection. But there are some exceptions.

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According to U.S. immigration law (Immigration and Nationality Act - INA § 208(a)(2)(B)), any person who applies for asylum must do so within one year of their last entry into the country.

This applies to those who wish to file an affirmative asylum application, meaning when you yourself present before USCIS and request protection because you fear returning to your country for reasons such as political persecution, religion, sexual orientation, gender-based violence, among others.

If you do not submit your asylum application within the first year, your case may be automatically denied, unless you qualify for an exception. In other words, you will no longer be able to apply for asylum, and you could be placed in removal proceedings if you do not have another type of immigration status.

This is something many people are unaware of, but the clock starts ticking from the day you enter the U.S., not from when you find a lawyer, get a job, or decide to ask for help.

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Important: There are two types of exceptions that may allow you to apply for asylum after one year:

1. Changed circumstances

Some examples:

• The political or social situation in your country changed after you arrived.

• You came out of the closet or suffered a homophobic attack after entering the U.S.

• You converted to a religion that is persecuted in your country after your arrival.

  
  

2. Extraordinary circumstances

Some examples:

• Serious illness or trauma that prevented you from filing your application.

• You were a minor and without legal support.

• You had poor legal assistance or were under someone else's control.

  
  

Even if you qualify for an exception, you must file the application within a reasonable time after the circumstance occurred.

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If it has already been a year since you entered and you did not apply for asylum, it is essential that you speak with an immigration attorney as soon as possible. They will be able to assess whether your case qualifies for a legal exception and help you present evidence.

Do not do it alone. In immigration matters, a small mistake can have serious consequences.

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Practical tips for newly arrived immigrants.

• Don’t wait: If you’re afraid to return to your country, seek legal help and file your application as soon as possible.

  
  

• Gather evidence: Letters, photos, news articles, medical or psychological reports can help support your case.

  
  

• Seek reliable advice: Don’t rely on rumors or advice from people without legal knowledge.

  
  

  Asylum is a powerful protection tool, but the law is clear: you must apply within the first year of your entry into the U.S. If you don’t, you may lose the opportunity—unless there are exceptional reasons.

  
  

  Acting quickly and with the right guidance can make the difference between obtaining legal protection or facing a deportation process.

  
  

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¿Do you need a lawyer to help you get your papers in the United States?

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Our firm not only stands out for its professionalism and efficiency, but also offers payment plans so you don't feel like your dreams are out of reach due to financial barriers. The commitment of Inmigración Ok Abogados is with you, and our main goal is to ensure that you have the best legal representation for your case.

Let us be part of your journey toward a better and safer life in the United States. Our team is ready to answer all your questions and guide you through every step of the process. And the best part is that the initial review of your case is completely free!

Don't wait any longer—take the first step toward your future in the United States. Message us now on WhatsApp at +1 (908) 585-4523! Our team looks forward to learning about your case and providing you with the guidance you deserve. We will review your case at no cost.

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