If you need help filing for asylum, an Alexandria, VA employer immigration compliance lawyer can help you with this and many different immigration needs.
The One-Year Rule
The law generally requires asylum applications to be filed within one year of arriving in the United States.
However, there are exceptions for:
- Changed circumstances in your home country or personal situation.
- Extraordinary circumstances that prevented you from applying earlier.
If you qualify under one of these exceptions, you may still have a chance to seek asylum — even years after you arrived.
What Counts As Changed Circumstances?
Changed circumstances usually mean that conditions in your home country have gotten worse, or new risks have emerged since you entered the U.S.
Some real-world examples I’ve seen and used in cases include:
- Venezuela: The government continues to crack down on dissent, with widespread political repression, arrests, and violence against ordinary citizens.
- Haiti: The country has collapsed into chaos, with gangs controlling streets, a non-functioning government, and thousands killed or displaced.
- Honduras: Violence has worsened as gang activity surges, partly driven by El Salvador’s crackdowns spilling across the border.
- Nicaragua: The dictatorship has intensified repression, targeting journalists, clergy, activists, and ordinary citizens.
- El Salvador: Heavy-handed gang crackdowns have led to arbitrary arrests and human rights abuses, with innocent people swept up simply for living in certain areas.
- Guatemala: Political instability, targeting of Indigenous communities, and rising gender-based violence have left many without protection.
In addition to country-wide changes, personal changes in circumstances can also qualify:
- Coming out as LGBTQ+ after arriving in the U.S., making return dangerous.
- Being targeted after a family member in your home country was killed, arrested, or disappeared.
- Becoming more politically or religiously active in exile, drawing attention back home.
- Loss of a family member who previously protected you in your home country, leaving you vulnerable.
These changes may qualify you for the “changed circumstances” exception — but you need to file as soon as possible after the change. Waiting too long can hurt your case.
What Counts As Extraordinary Circumstances?
Sometimes, the reason you didn’t apply earlier has more to do with your situation here in the U.S.
Some examples include:
- Serious illness or disability that prevented you from applying.
- Being a minor and not having someone to help you file.
- Having another valid immigration status (like a student visa, work visa, TPS, or DACA) during your first year. Because you were lawfully present, you may not have realized you needed to apply for asylum at the time.
- Ineffective assistance of prior counsel who failed to file properly.
If you maintained valid status for years, that can still count — but as soon as your status ends, or as soon as you realize you qualify, you must act quickly. The exception doesn’t give you unlimited time to delay.
Why Timing Still Matters
Even if you qualify for an exception, the law still requires you to file “within a reasonable period of time” after the circumstances change or your lawful status ends. Waiting too long may give the government a reason to deny your case.
This is why it’s so important to speak with an experienced attorney as soon as you think you may qualify.
Why Work With An Attorney?
Filing for asylum — especially late — is complex. You’ll need to document what happened in your home country and explain why you didn’t file earlier.
An experienced attorney can:
- Assess whether your situation qualifies as a valid exception.
- Help you gather and present evidence of the changes.
- Prepare you for the asylum interview or hearing.
This is not something you want to navigate on your own.
Final Thoughts
If you’re out of status — or about to lose the status you’ve been relying on — asylum may still be an option and you have asylum rights.
Conditions in countries like Venezuela, Haiti, Honduras, Nicaragua, El Salvador, and Guatemala have worsened dramatically in recent years. Personal circumstances — like coming out, losing a family member, or being targeted because of your family or beliefs — can also qualify.
I’ve helped many clients file strong asylum applications even after the one‑year deadline — and I can help you, too.
Contact The Law Offices of Ricky Malik, P.C. today to talk about your options.
