---
title: "Record the one-year and previous-application bars on asylum"
url: "https://ailawframework.com/practice/immigration-and-migration-law/record-whether-a-further-protection-visa-application-is-barred/united-states"
type: "task_jurisdiction_version"
site: "AI Law Framework"
id: "A30-FL20261022-7-US"
practice_area: "Immigration & Migration Law"
tier: "yellow"
lawyer_review: "required"
jurisdictions: ["US"]
last_reviewed: "2026-10-22"
---

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

> 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…

Canonical page: https://ailawframework.com/practice/immigration-and-migration-law/record-whether-a-further-protection-visa-application-is-barred/united-states  
Last reviewed: 2026-10-22

Site index for agents: https://ailawframework.com/llms.txt

## Key facts

| Fact | Value |
| --- | --- |
| Practice area | [Immigration & Migration Law](https://ailawframework.com/practice/immigration-and-migration-law.md) |
| Human involvement | Yellow: Lawyer and AI draft together |
| 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 | United States |
| Applies to | [Record whether a further protection-visa application is barred](https://ailawframework.com/practice/immigration-and-migration-law/record-whether-a-further-protection-visa-application-is-barred.md) |

## Checking plan

- What the AI does: 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.
- Basis: Checked against the linked sources on 22 October 2026. Confirm the current instrument before reliance.

## Notes

- The one-year period runs from the date of arrival. The tool does not find that date.
- Do not treat this as an Australian bar on a further protection visa. The statute and the exceptions are different.

## Sources

- [8 U.S.C. § 1158, asylum](https://www.law.cornell.edu/uscode/text/8/1158) (checked 2026-10-22)
- [8 C.F.R. § 1003.38, appeals from an immigration judge](https://www.law.cornell.edu/cfr/text/8/1003.38) (checked 2026-10-22)

*Practice guidance for planning and review. Confirm current primary sources and the requirements of the actual matter. This is general information, not legal advice.*