• Failed to file an asylum application (Form I-589) within one year of his or her last arrival in the United States or April 1, 1997, whichever is later.
  Exception to the 1-Year Filing Deadline:
  The applicant demonstrates either the existence of changed circumstances* which ` materially affect the applicant’s eligibility for asylum or extraordinary circumstances** relating to the delay in filing. The applicant needs to have filed the application within a reasonable time given the circumstances in order to be eligible for an exception . 8 CFR § 208.4
• Previously applied for asylum and was denied by an Immigration Judge or the Board of Immigration Appeals.
  Exception to Previous Denials of Asylum:
  The applicant establishes the existence of changed circumstances* which materially affect his or her eligibility for asylum.
• Can be removed to a safe third country pursuant to a bilateral or multilateral agreement.
  USCIS published regulations implementing the Agreement Between the Government of the United States and the Government of Canada For Cooperation in the Examination of Refugee Status Claims from Nationals of Third Countries (“the Safe Third Country Agreement”) bilateral agreement between the United States and Canada on November 29, 2004. This is the only country with which the United States currently has a safe third country agreement. Asylum-seekers arriving at a U.S./Canada land border port of entry or transiting through the United States while being removed from Canada must demonstrate that they fall within an exception to the agreement, or they will be returned to Canada to seek protection there. This agreement does not apply to individuals seeking asylum affirmatively with USCIS.

These may include but are not limited to the following:

• Serious illness or mental or physical disability, including any effects of persecution or violent harm suffered in the past, during the 1-year period after arrival;
• Legal disability (e.g., the applicant was an unaccompanied minor or suffered from a mental impairment) during the 1-year period after arrival

These may include but are not limited to the following:

• Serious illness or mental or physical disability, including any effects of persecution or violent harm suffered in the past, during the 1-year period after arrival;
• Legal disability (e.g., the applicant was an unaccompanied minor or suffered from a mental impairment) during the 1-year period after arrival;
• Ineffective assistance of counsel, provided that:
  • The applicant files an affidavit setting forth in detail the agreement that was entered into with counsel with respect to the actions to be taken and what representations counsel did or did not make to the respondent in this regard;
  • The counsel whose integrity or competence is being impugned has been informed of the allegations leveled against him or her and given an opportunity to respond; and
  • The applicant indicates whether a complaint has been filed with appropriate disciplinary authorities with respect to any violation of counsel’s ethical or legal responsibilities, and if not, why not;
• The applicant maintained Temporary Protected Status, lawful immigrant or nonimmigrant status, or was given parole, until a reasonable period before the filing of the asylum application;
• The applicant filed an asylum application prior to the expiration of the 1-year deadline, but that application was rejected by the Service as not properly filed, was returned to the applicant for corrections, and was refiled within a reasonable period thereafter; or
• The death or serious illness or incapacity of the applicant’s legal representative or a member of the applicant’s immediate family.

• Ordered, incited, assisted, or otherwise participated in the persecution of any person on account of race, religion, nationality, membership in a particular social group, or political opinion; or
• Was convicted of a particularly serious crime such that is a danger to the U.S. (including an aggravated felony as defined under INA § 101(a)(43)); or
• Committed a serious nonpolitical crime outside the United States; or
• Poses a danger to the security of the United States; or
• Has been firmly resettled in another country prior to arriving in the United States (see 8 CFR § 208.15 for a definition of “firm resettlement”)

• Has engaged in terrorist activity
• Is engaged in or is likely to engage after entry in any terrorist activity (a consular officer or the Attorney General knows, or has reasonable grounds to believe, that this is the case);
• Has, under any circumstances indicating an intention to cause death or serious bodily harm, incited terrorist activity;
• Is a representative of:
  • A foreign terrorist organization, as designated by the Secretary of State under section 219 of the INA, or
  • A political, social, or other similar group whose public endorsement of acts of terrorist activity the Secretary of State has determined undermines United States efforts to reduce or eliminate terrorist activities;
• Is a member of a terrorist organization designated under section 219 of the INA (Tier I) or otherwise designated through publication in the Federal Register under INA section 212 (a)(3)(B)(vi)(II) (Tier II);
• Is a member of an undesignated terrorist organization described in INA section 212(a)(3) (B)(vi)(III) (Tier III), unless he or she can demonstrate by clear and convincing evidence that he or she did not know, and should not reasonably have known, that the organization was a terrorist organization;
• Has used a position of prominence within any country to endorse or espouse terrorist activity, or to persuade others to support terrorist activity or a terrorist organization , in a way that the Secretary of State has determined undermines United States efforts to reduce or eliminate terrorist activities.
• Has received military-type training from or on behalf of any organization that, at the time the training was received, was a terrorist organization;
  “Military-type training” is defined at 18 U.S.C. § 2339D(c)(1) to include: “training in means or methods that can cause death or serious bodily injury, destroy or damage property, or disrupt services to critical infrastructure, or training on the use, storage, production, or assembly of any explosive, firearm or other weapon, including any weapon of mass destruction . . .”
• Is the spouse or child of an alien who is inadmissible under this subparagraph, if the activity causing the alien to be found inadmissible occurred within the last 5 years. To qualify as a “child,” the individual must be unmarried and under 21 years of age.

• Fact Sheet: Department of Homeland Security Implements Exemption Authority for Certain Terrorist-Related Inadmissibility Grounds for Cases with Administratively Final Orders of Removal
• Fact Sheet: Persons Associated with 10 Named Groups From Most Terrorist-Related Inadmissibility Grounds of the Immigration Law