The one‑year filing bar is one of the most consequential procedural hurdles in U.S. asylum law. Our panel of experts will delve into statutory and regulatory exceptions that allow late‑filed applications to proceed. They will examine the legal framework under INA §208, explore what qualifies as changed circumstances and extraordinary circumstances, and discuss how adjudicators evaluate whether an applicant filed within a “reasonable period.” Finally, they will highlight common pitfalls, evidentiary strategies, and recent adjudication trends to equip practitioners with the tools needed to effectively identify, document, and litigate exceptions to the filing deadline.

Featured Topics

• Calculating the one‑year period: arrival dates, lawful status, and complex entry histories
• Overview of changed and extraordinary circumstances and how they impact asylum eligibility
• Understanding the “reasonable period” requirement after a triggering event
• Evidentiary standards and best practices for documenting exceptions, including expert testimony, medical evidence, and affidavits
• Strategies to avoid pretermission based on the one-year filing issue
• July 28, 2026 DHS Interim Final Rule on affirmative asylum referrals without an interview: impact on cases that missed the one-year filing deadline

Faculty

Gregory Fay (DL), AILA Asylum and Refugee Committee Chair, Tempe, AZ

*Cynthia M. Fernandez, Chicago, IL

*Sydney Johnson, San Diego, CA

CLE Credit

Eligible participants can receive up to 1.8 CLE credit hours. AILA will administer CLE credit only to individuals who register and log into the web seminar. AILA cannot verify your attendance and participation in this program unless you register directly for the web seminar and use your name to log in to participate in the program. Therefore, persons who log in or listen in on the web seminar as part of a group will not be able to obtain CLE credit.

Please note that your jurisdiction may limit the amount of distance learning credit you can earn. To view details on your jurisdiction's credit restrictions and CLE requirements, visit the CLE Center.

AILA has filed for CLE and specialized credit in all jurisdictions with mandatory CLE requirements. For details about specific approvals, contact us at cle@aila.org.

• AILA applies for accreditation upon attorneys’ request after participation for the following states: AR, DE, IA, ID, KS, KY, LA, ME, MN, MS, OR, TN and WY. Programs are typically approved.
• Florida and Rhode Island - Attorneys must apply on their own for approval of seminars in FL and RI. Programs are typically approved.
• The OnDemand Recording format does not qualify for CLE credit in the following jurisdictions: MO and PR. Please note that your jurisdiction may limit OnDemand credit based on the date of the original presentation. View the OnDemand Downloadable Expiration Chart for more details.

To receive CLE credit for the live event, attorneys must record web seminar attendance and the CLE code provided by November 24, 2026 via My CLE. CLE certificates will be available for download the day after the deadline reporting date.

Contact us at cle@aila.org or visit AILA’s Web Seminar Recordings page for more information about receiving CLE credit for a seminar recording.

AILA Membership Benefit

AILA Membership Benefit – Access to Free Seminar Recordings (CLE Credit Available for $35)
Enjoy access to free seminar recordings as an AILA Member. AILA encourages live attendance for those wishing to ask the speaker questions. CLE credit is included with purchase for live participants.

Recordings will be available approximately two weeks after the live event date. AILA members can access these seminars, with no CLE credit, for free. Recordings are CLE eligible in most jurisdictions and a $35 administration fee is required to obtain CLE credit.

Contact us at cle@aila.org or visit AILA’s Web Seminar Recordings page for more information about receiving CLE credit for a web seminar recording.