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What Are the Bars to Asylum?

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?

Types of Bars to Asylum

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.

Bars That Apply to Both Asylum & Withholding of Removal

The following bars apply not only to asylum but also to withholding of removal, meaning the individual is at greater risk of deportation.

Persecution of Others

Anyone who has ordered, incited, assisted, or participated in the persecution of others based on:

  • Race
  • Religion
  • Nationality
  • Membership in a particular social group
  • Political opinion


Conviction of a “Particularly Serious Crime”

  • If an asylum seeker has been convicted of a particularly serious crime in the U.S., they are barred from both asylum and withholding of removal.
  • Aggravated felonies (e.g., serious drug crimes, violent offenses, fraud involving major financial loss) typically qualify as particularly serious crimes.
  • For withholding of removal, a crime is considered “particularly serious” if the applicant received a sentence of five years or more in prison.


Serious Nonpolitical Crimes Outside the U.S.

  • If there is credible evidence that an asylum seeker committed a serious nonpolitical crime before arriving in the U.S., they may be barred.
  • Crimes involving atrocious acts of violence are typically not excusable, even if politically motivated.


Danger to U.S. National Security

  • If the U.S. government has reasonable grounds to believe that an applicant poses a threat to national security, they can be barred.
  • This includes individuals engaged in espionage, sabotage, or activities considered harmful to U.S. interests.

Bars That Apply Only to Withholding of Removal

Some bars do not affect asylum but can prevent an applicant from qualifying for withholding of removal.

Participation in Nazi Persecution

  • Individuals who assisted, incited, or participated in Nazi-led persecution between 1933 and 1945 are barred from withholding of removal.

Participation in Genocide

  • Anyone involved in acts of genocide, as defined under international law, is barred from withholding of removal.

What Are Your Options If You Are Barred from Asylum?

If you are barred from asylum, you may still qualify for other humanitarian relief, such as:

  • Withholding of Removal – A stricter form of protection that prevents deportation but does not lead to a green card.
  • Relief Under the Convention Against Torture (CAT) – Protection for those who can prove they are more likely than not to be tortured if returned to their home country.
  • Waivers or Exceptions – Some bars, such as material support to terrorism, have limited discretionary waivers available.

How BPR Immigration Law Can Help

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.

Why Partner with Benach, Pitney, & Reilly Immigration

  • Personalized Strategy: Each case receives a tailored approach based on specific circumstances.
  • Proven Track Record: Success in uniting families through immigration solutions.
  • Clear Communication: Regular updates and transparency throughout the legal process.
  • Dedicated Advocacy: Persistent efforts to achieve favorable case outcomes.

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