Can I Still Enter the U.S. Under Asylum Status?

 Posted on February 26, 2025 in English

Under the new administration, immigration policies have been changed, including former asylum rules that allowed individuals into the United States. As of January 27, 2025, entry into the United States of refugees under the USRAP has been suspended—subject to certain exceptions. The Secretary of State and the Secretary of Homeland Security can jointly determine to admit individuals or families into the United States as refugees on a case-by-case basis.

This can only be done if a determination is made that the entry of the refugee or refugees is in the national interest and poses no threat to the security of the United States. If you had planned to enter the United States under an application for asylum, you should speak to an experienced Herndon, VA immigration attorney to determine whether you may still be eligible.

How Was Asylum Determined Prior to the January 2025 Changes?

A person who was in the United States or was at an entry port was previously able to proceed with an asylum application. This was true regardless of the individual’s current immigration status. The application was required to be made within one year from the time the individual arrived in the U.S.  If the applicant has been in the U.S. for longer than one year, he or she would normally be ineligible for asylum status unless:

• Any circumstances that materially affect asylum eligibility have changed.
• There are extraordinary circumstances that caused a filing delay.  

Changes in circumstance could include your home country making changes in conditions, changes in United States laws applicable to asylum, or changes in your country of origin that increase your risk of harm. Being listed as a dependent in a family member's asylum application, reaching the age of 21, or losing a relationship with the primary applicant as a result of death, divorce, or marriage are also considered material changes in your circumstances.    

Extraordinary circumstances could include a serious illness, a disability (mental or physical), or persecution effects or harm you have suffered while in the U.S. following your arrival. Under certain circumstances, the ineffectiveness of counsel can be claimed as an extraordinary circumstance if the actions of your immigration attorney had a direct, detrimental effect on your ability to obtain asylum status.  

If you have TPS (Temporary Protected Status) or are in the United States under lawful immigrant or nonimmigrant status, you may also qualify for asylum under extraordinary circumstances. If the USCIS rejected an asylum application you filed while you were within your one-year allowable time, but the rejection only asked for corrections, you may be able to re-file under extraordinary circumstances.  

What Could Bar an Application for Asylum?

If you previously applied for asylum and were denied by USCIS, you may not re-apply unless you can show a significant change in circumstances. If you could potentially be sent to a country like Canada, you may be barred from applying for U.S. asylum. Although there are few asylum cases now accepted into the United States, you may qualify for an exception.

The only way to know for sure is to discuss your circumstances with a national immigration attorney. If your attorney believes you have a good chance of obtaining asylum status, you will complete a Form I-589. If the USCIS issued a positive determination of credible fear or your case was retained for further consideration, you may not be required to file an I-589 form.    

Contact a Fairfax County, VA Family Immigration Attorney

Because immigration laws are changing so quickly, it is especially important that you speak to a knowledgeable Herndon, VA family immigration attorney from Immigration Legal Advisors, PLLC to determine your eligibility. We are a supportive, full-service immigration law firm with more than 20 years of experience in all facets of family immigration. Call 571-441-2233 to schedule an appointment. We speak Spanish.