Statutes · INA §208 / 8 U.S.C. §1158

INA §208 — Asylum

INA §208 is the federal asylum statute. It generally sets a one-year filing deadline after arrival, with exceptions for changed or extraordinary circumstances. Permission to apply does not guarantee asylum.

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What the statute covers

Section 208(a) generally permits a person physically present in or arriving in the United States to apply, regardless of immigration status, subject to statutory exceptions. The applicant must establish refugee eligibility and address applicable bars. The statute also addresses testimony, corroboration and credibility; asylum is not decided only by the volume of submitted documents.

Limits and practical context

An exception to the one-year deadline requires more than simply showing that circumstances changed: the facts and timing matter. Form I-589 is the application used for asylum and related protection. Affirmative USCIS proceedings and defensive EOIR proceedings differ. Check the statute, implementing regulations and applicable court orders rather than relying on a summary alone.

Primary sources

General reference information, not legal advice. A summary does not replace the statute or full decision. Check applicability and subsequent developments before filing. Publication does not imply attorney legal review or create an attorney-client relationship.

Frequently asked questions

What is INA §208 — Asylum?

INA §208 is the federal asylum statute. It generally sets a one-year filing deadline after arrival, with exceptions for changed or extraordinary circumstances. Permission to apply does not guarantee asylum.

What should I check before relying on this information?

An exception to the one-year deadline requires more than simply showing that circumstances changed: the facts and timing matter. Form I-589 is the application used for asylum and related protection. Affirmative USCIS proceedings and defensive EOIR proceedings differ. Check the statute, implementing regulations and applicable court orders rather than relying on a summary alone.

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