Re-filing I-589 after the case is closed in court
As of October 16, 2023, the USCIS website has published official instructions for filing asylum applications (Form I-589) when a case is dismissed or closed in an EOIR court.
Here are the key points to consider:
1. If your case is dismissed or closed in EOIR and you want to apply for asylum, you should file the current version of Form I-589 with USCIS and wait to be called for an interview. However, filing is your decision and you have the right not to file if you do not wish to.
2. If you have already filed Form I-589 with the court before your case is closed, USCIS will accept your application given the date it was filed with the court. This date will be used for the following purposes:
3. Rare case. If you first filed Form I-589 with USCIS (while you were out of the system or flew in on a visa), then USCIS referred your case to the court, and then the court dismissed it, USCIS will accept the application but issue a new summons notice and send you to court again.
4. If you filed Form I-589 with USCIS, then showed up in the court system and filed Form I-589 with the court that closed your case while USCIS did not close the case, your case review will remain with USCIS and you will be summoned for an interview. You will simply need to provide an updated Form I-589 and proof of case closure to the court.
The table posted here outlines all possible scenarios and describes them in detail.
To file, you will need to provide:
Mail the documents to Texas or Illinois, depending on where you live. See the "Where to File" tab for details.
Please note an important change: these applications no longer need to be sent to the Vetting Center in Georgia.
These are important changes to the procedure for filing Form I-589 after a case has been closed in the Prosecutorial discretion court and dismissed or terminated. Please familiarize yourself with the official instructions provided on the USCIS website and follow them when filing your asylum application.
More information on the concept of "Prosecutorial Discretion" can be found here.
To learn what "case closure" is, please click here.
Here are the key points to consider:
1. If your case is dismissed or closed in EOIR and you want to apply for asylum, you should file the current version of Form I-589 with USCIS and wait to be called for an interview. However, filing is your decision and you have the right not to file if you do not wish to.
2. If you have already filed Form I-589 with the court before your case is closed, USCIS will accept your application given the date it was filed with the court. This date will be used for the following purposes:
- Determining the waiting period for work authorization (150 or 180 days) if you have not previously received it under the C-8 category.
- Confirming that the application was filed within one year of entry and you are eligible for asylum.
- Prioritizing your interview appointment (it is not yet clear whether older applications will be prioritized).
- Finding out if your children can be included in the application (if they turned 21 after filing the I-589 with the court but before filing a new one with USCIS).
3. Rare case. If you first filed Form I-589 with USCIS (while you were out of the system or flew in on a visa), then USCIS referred your case to the court, and then the court dismissed it, USCIS will accept the application but issue a new summons notice and send you to court again.
4. If you filed Form I-589 with USCIS, then showed up in the court system and filed Form I-589 with the court that closed your case while USCIS did not close the case, your case review will remain with USCIS and you will be summoned for an interview. You will simply need to provide an updated Form I-589 and proof of case closure to the court.
The table posted here outlines all possible scenarios and describes them in detail.
To file, you will need to provide:
- An up-to-date Form I-589 with item c checked in Part A.I. question 18 (I am not currently in Immigration Court proceedings, but I have been in the past).
- A copy of the court order of Dismissal or Termination.
- Proof of filing Form I-589 with the court (stamped copy of the first page of the form), if filed.
- A cover letter requesting the original filing date that was recorded with the court.
Mail the documents to Texas or Illinois, depending on where you live. See the "Where to File" tab for details.
Please note an important change: these applications no longer need to be sent to the Vetting Center in Georgia.
These are important changes to the procedure for filing Form I-589 after a case has been closed in the Prosecutorial discretion court and dismissed or terminated. Please familiarize yourself with the official instructions provided on the USCIS website and follow them when filing your asylum application.
More information on the concept of "Prosecutorial Discretion" can be found here.
To learn what "case closure" is, please click here.