Record the one-year and previous-application bars on asylum

Key facts

Human involvement

Yellow · Close supervision

How AI is used

Record that, subject to the changed-circumstances paragraph, a person is outside the general permission to apply for asylum unless the person demonstrates by clear and convincing evidence that the application was filed within 1 year after the date of arrival in the United States. Record that, subject to the same paragraph, the permission does not apply if the person previously applied for asylum and the application was denied. Record that those two bars, and the safe-third-country bar, are the denials named when a Board appeal uses the longer period. Do not decide that the application was filed within 1 year. Do not decide that a previous application was denied.

What the lawyer must review

The lawyer decides whether a bar applies. 8 U.S.C. § 1158(a)(2)(B) is the one-year rule, with a clear-and-convincing standard, subject to subparagraph (D). Subparagraph (C) is the previous-application bar, also subject to (D). Subparagraph (A) is the safe-third-country bar. 8 C.F.R. § 1003.38(b)(2) uses a denial under section 208(a)(2)(A), (B), or (C) to decide which Board appeal period applies. The tool does not find that a bar applies. The exception for changed or extraordinary circumstances is a separate task.

Written for / version

United States versionUS