Bars to asylum fall into three categories:

• Bars that apply only to asylum (but not to withholding of removal or other protections).
• Bars that apply to both asylum and withholding of removal.
• Bars that apply only to withholding of removal.

Each of these categories affects an applicant differently. Some bars are absolute, while others have exceptions or waivers that allow an applicant to still seek legal protection.

Bars That Apply Only to Asylum

The following bars prevent an individual from receiving asylum status but may not necessarily disqualify them from other humanitarian relief, such as withholding of removal or protection under the Convention Against Torture (CAT).

Safe Third Country Agreement

• The U.S. has a Safe Third Country Agreement (STCA) with Canada, which means that individuals who could have applied for asylum in Canada but instead entered the U.S. are generally barred from asylum (with some exceptions).
• Asylum seekers who passed through another country but did not apply for asylum there may face additional scrutiny but are not necessarily barred unless an STCA applies.

One-Year Filing Deadline

Asylum applications must be filed within one year of arrival in the U.S., unless the applicant qualifies for an exception, such as:

• Changed circumstances (e.g., worsening conditions in the home country, newly discovered LGBTQ+ identity, religious conversion).
• Extraordinary circumstances (e.g., medical conditions, trauma-related delays, ineffective legal representation).

Prior Denial of Asylum

If a judge or the Board of Immigration Appeals (BIA) has previously denied an applicant’s asylum case, they are barred from applying again unless they can demonstrate changed circumstances that materially impact their eligibility.

Firm Resettlement in Another Country

If an asylum seeker was already granted permanent residency or citizenship in another country before arriving in the U.S., they are barred from asylum unless they can prove:

• They were not actually “resettled” (e.g., only passed through briefly).
• They faced serious restrictions on their rights and freedoms in the third country.

Terrorism-Related Bars

• Individuals who have supported, been associated with, or provided material assistance to a terrorist organization—even under duress—can be barred from asylum.
• Spouses and children of individuals classified as terrorists may also be ineligible.