U.S. Citizenship and Immigration Services (USCIS) is issuing updated guidance for individuals seeking asylum after the dismissal or termination of their removal proceedings by the Executive Office for Immigration Review (EOIR).
Starting from October 16, 2023, if your removal proceedings were dismissed or terminated by EOIR and you wish to pursue asylum, you must submit the current version of Form I-589, Application for Asylum and for Withholding of Removal, to the USCIS lockbox with jurisdiction over your place of residence. If you had a pending asylum application when EOIR dismissed or terminated your removal proceedings, include any additional or updated information related to your asylum claim. It’s advisable to provide evidence that:
EOIR dismissed or terminated your removal proceedings, such as a copy of the EOIR Order of Dismissal or Termination.
You had a Form I-589 pending with EOIR when your removal proceedings were dismissed or terminated.
If the evidence confirms that you filed Form I-589 before EOIR dismissed or terminated your removal proceedings, a receipt notice will be issued with the original filing date. This date will be used for various purposes, including the one-year filing deadline, employment authorization eligibility based on a pending asylum application, asylum interview scheduling priority, and age determinations for child-dependent applicants. If you did not file Form I-589 before the EOIR dismissal or termination date, a receipt notice will be issued with your current Form I-589 filing date.
For individuals who originally filed an affirmative asylum application with USCIS, and the application was later referred, forwarded, or transferred to immigration court where it remained pending until the dismissal or termination of removal proceedings, USCIS plans to issue a new discretionary Notice to Appear. This notice will send your application back to EOIR if you submit a new asylum application.
To prevent processing delays, carefully review the “Where to File” and “Special Instructions” sections on the USCIS Form I-589 webpage before submitting your application. Use the Filing Instructions Tool to determine your eligibility for filing Form I-589 with USCIS, either by paper or online. Additional information on Employment Authorization Documents for applicants with pending asylum applications is available on the USCIS Form I-765 webpage under 8 CFR 274a.12(c)(8).
Source: USCIS
