If you fear returning to your home country, the most important date in your case is probably the anniversary of your last arrival in the United States. Asylum must generally be filed within one year of that date. Missing it can end an otherwise strong claim, while filing on time protects your right to be heard, even if the rest of the process takes years.
KEY FACTS
- Form I-589 must generally be filed within one year of your last arrival in the U.S.
- Exceptions exist for changed circumstances and extraordinary circumstances, if you file within a reasonable time
- Unaccompanied children are not subject to the one-year deadline
- From October 16, 2026, the annual asylum fee is $105 and the initial asylum-based work permit fee is $570
Current rules: you may apply for a work permit 150 days after filing; it cannot be granted before 180 days
The one-year rule in plain terms
U.S. law requires asylum applicants to file Form I-589, Application for Asylum and for Withholding of Removal, within one year of their last arrival in the United States. The clock starts from the most recent entry, not the first one, and it applies whether you entered with a visa or without one.
The deadline is strict. USCIS and the immigration courts can only accept a late application if one of the legal exceptions applies. That is why filing on time, even with an application you will add evidence to later, is usually better than waiting to file a perfect one.
Exceptions to the deadline
There are two kinds of exceptions. In both, you must still file within a reasonable period once the reason for the delay ends.
| Exception | What it covers | Examples |
| Changed circumstances | Changes that materially affect your eligibility for asylum | New conditions in your home country, a change in U.S. law, new activities or beliefs that create a risk |
| Extraordinary circumstances | Events directly related to the late filing | Serious illness or disability, being an unaccompanied minor, ineffective help from a prior representative, holding lawful status (such as TPS or a visa) until shortly before filing |
Exceptions are argued with evidence, so medical records, country reports and documents showing your status history all matter. Separately, unaccompanied children are not subject to the one-year deadline at all.
If you are past the deadline and no exception applies, other protection may still be possible. Withholding of removal and protection under the Convention Against Torture have no one-year deadline, although they offer fewer benefits than asylum.
Affirmative or defensive asylum
If you are not in removal proceedings, you apply affirmatively with USCIS. If you are already in proceedings before an immigration judge, you apply defensively in immigration court, and the judge decides the case. In New York City, defensive cases are heard in the immigration courts in Manhattan. A case that USCIS does not approve is usually referred to the immigration court, where the judge hears it again from the start.
Recent rules can affect who is eligible. USCIS notes, for example, a presumption of ineligibility for some people who entered at the southwest border between May 12, 2023, and May 11, 2025, unless they meet an exception or rebut the presumption. If you are in proceedings or have a prior order, speak to a deportation lawyer in NYC as well as an asylum lawyer, because the deadlines in court are different.
Fees: the new H.R. 1 asylum charges
Asylum used to be free to file. Under H.R. 1, USCIS now charges an asylum application fee and an annual asylum fee for every year the application is pending. The annual fee applies to the principal applicant only, cannot be waived, and should be paid within 30 days of the USCIS notice. USCIS cannot approve an asylum case while the annual fee remains unpaid.
These fees are adjusted for inflation each year. From October 16, 2026, the annual asylum fee rose from $102 to $105 and the fee for an initial work permit based on a pending asylum case rose from $560 to $570. Applications postmarked on or after that date without the correct fee are rejected, so check the current USCIS fee schedule before you post anything.
What to expect, step by step
- Send Form I-589 with your declaration, identity documents and evidence, following the current filing instructions. Include your spouse and unmarried children under 21 who are in the U.S. if you want them to receive derivative asylum.
- Receipt notice. Keep it safe: it proves you filed on time.
- USCIS schedules fingerprints and photos at an Application Support Center. Each family member gets an appointment. Missing it without good reason can delay or harm the case.
- For New York, affirmative interviews are held by the asylum office serving the area. The interview usually lasts around an hour. You can bring an attorney, and you must bring an interpreter if you cannot proceed in English. Spouses and children included in the application attend too.
- An asylum officer decides the case, and a supervisor reviews it. Some decisions are picked up two weeks after the interview; others take longer and are mailed.
Timelines are hard to predict. Since December 2025, USCIS has paused or slowed decisions on some affirmative asylum cases, and some nationalities face additional holds. None of this pauses the one-year deadline, so file on time and keep your address current with USCIS and, if you are in court, with the immigration court.
Working while your case is pending
Under the current rules, you can apply for an employment authorization document (EAD) 150 days after USCIS receives a complete asylum application, and it cannot be granted before the application has been pending for 180 days. Delays you cause, such as rescheduling an interview, stop that clock.
In February 2026, DHS proposed lengthening the wait to 365 days and adding new limits on asylum-based work permits. A proposal is not yet the rule, so check the current requirements before you file Form I-765.
Building a strong declaration
Your written declaration is the heart of the case. It should explain who you are, what happened to you or what you fear, who is responsible, why it is connected to your race, religion, nationality, political opinion or membership in a particular social group, and why moving elsewhere in your country would not keep you safe.
- Write it in your own words, in date order, with specific details
- Support it with documents: medical or police records, membership cards, letters from witnesses, news reports and human rights reports on your country
- Make sure every date and name matches your forms and your interview answers
Getting help in New York
You can apply for asylum without a lawyer, but the deadline, the evidence and the new fees leave little room for error. An asylum lawyer in New York can check whether the one-year rule or an exception applies, prepare the I-589 and declaration, and prepare you for the interview. Berd & Klauss, PLLC works with asylum seekers in USCIS and in court; between them, the firm’s attorneys speak Russian, Ukrainian, Hebrew, German and Italian.
Once asylum is granted, you can usually apply for a green card after one year as an asylee. Our green card lawyer NYC team can help with that next step.
Frequently asked questions
When does the one-year asylum deadline start?
It runs from your last arrival in the United States. If you left and came back, the clock restarts from the most recent entry, although leaving the U.S. can create other problems, so get advice first.
Can I still apply for asylum after one year?
Only if an exception applies, such as changed circumstances or extraordinary circumstances, and you filed within a reasonable time. Withholding of removal and Convention Against Torture protection have no one-year deadline.
How much does it cost to apply for asylum in 2026?
H.R. 1 added an asylum application fee and an annual fee while the case is pending. From October 16, 2026, the annual fee is $105. Check the USCIS fee schedule for the current application fee before you file.
Do I need a lawyer for an asylum case?
A lawyer is not required, but asylum cases are complex and time-sensitive. A lawyer can reduce the risk of missed deadlines and inconsistent evidence.
Worried about the one-year deadline? Call Berd & Klauss, PLLC on 212-461-7152 to speak with an asylum attorney in NYC.
