While the U.S. offers asylum protection to individuals fleeing persecution, not everyone qualifies. Certain legal restrictions, known as “bars to asylum,” can prevent an applicant from receiving asylum, even if they meet the general eligibility criteria. These bars exist to prevent fraud, protect national security, and ensure that those seeking asylum have no alternative pathways to protection.
Understanding the different bars to asylum is critical for applicants who want to assess their chances of approval and explore alternative forms of relief if they are ineligible for asylum.
Facing obstacles in your asylum case?
Bars to asylum fall into three categories:
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.
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).
Asylum applications must be filed within one year of arrival in the U.S., unless the applicant qualifies for an exception, such as:
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.
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:
The following bars apply not only to asylum but also to withholding of removal, meaning the individual is at greater risk of deportation.
Anyone who has ordered, incited, assisted, or participated in the persecution of others based on:
Some bars do not affect asylum but can prevent an applicant from qualifying for withholding of removal.
If you are barred from asylum, you may still qualify for other humanitarian relief, such as:
Navigating asylum law is complex, especially if you are at risk of being disqualified. At Benach, Pitney, & Reilly Immigration, we help:
✅Determine your eligibility for asylum & alternative relief options.
✅ Challenge bars to asylum using legal arguments & supporting evidence.
✅ File waivers or exceptions when applicable.
✅ Provide representation in immigration court.
If you are unsure whether a bar to asylum applies to your case, seeking legal advice is crucial. Benach, Pitney, & Reilly Immigration is here to help you explore all available options for protection.
Immigration matters require informed decisions and timely action. Professional legal guidance ensures a smooth and efficient process. Secure an opportunity to discuss case-specific needs and explore the best path forward.