You can be barred from both applying for and receiving asylum for certain actions.
Bars to Applying for Asylum
You may not be eligible to apply for asylum if you:
- Did not follow the one-year filing deadline and did not file your Form I-589, Application for Asylum and for Withholding of Removal, within one year of your last arrival in the U.S. or April 1, 1997, whichever is later.
- Had a previous asylum application denied by an Immigration Judge or the Board of Immigration Appeals.
- Can be removed to a safe third country under a two-party or multi-party agreement between the United States and other countries.
There are exceptions to these bars for “changed circumstances” or “extraordinary circumstances.” Both are defined in 8 CFR 208.4. For more information on the bars and the exceptions, see our “Title 8, Code of Federal Regulations” page.
Bars from a Grant of Asylum
You could be barred from a grant of asylum if we find that you:
- Ordered, incited, assisted, or otherwise participated in the persecution of any person on account of race, religion, nationality, membership in a particular social group, or political opinion
- Were convicted of a “particularly serious crime” such that you are a danger to the United States
- Committed a “serious nonpolitical crime” outside the United States
- Pose a danger to the security of the United States
- Have been firmly resettled in another country before arriving in the United States
You will also be barred from receiving asylum if you are inadmissible because you:
- Have engaged in terrorist activity·
- Are engaged in or are likely to engage after entry in any terrorist activity·
- Have incited terrorist activity
- Are a representative of a foreign terrorist organization
- Are a member of a terrorist organization
- Have persuaded others to support terrorist activity or a terrorist organization
- Have received military-type training from or on behalf of any organization that, at the time the training was received, was a terrorist organization
- Are the spouse or child of an individual who is inadmissible for any of the above within the last 5 years
For more information terrorist and national security bars, see our “Bars to Asylum and Inadmissibility Grounds Related to Terrorist Activity” page.