USCIS Updates Guidelines for Filing Asylum Applications Following EOIR Dismissal or Termination of Removal Proceedings

U.S. Citizenship and Immigration Services (USCIS) is releasing revised instructions for asylum applications filed by individuals whose removal proceedings were dismissed or terminated by the Executive Office for Immigration Review (EOIR).

Effective October 16, 2023, if your removal proceedings were dismissed or terminated by EOIR and you opt to pursue an asylum claim, you must submit the current version of Form I-589, Application for Asylum and for Withholding of Removal, to the USCIS lockbox that has jurisdiction over your place of residence. In case you had a pending asylum application when EOIR dismissed or terminated your removal proceedings, include any additional or updated information regarding your asylum claim in your submission. Additionally, it is advisable to provide proof demonstrating:

1. EOIR dismissed or terminated your removal proceedings, such as a copy of the EOIR Order of Dismissal or Termination.
2. 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, the receipt notice will bear your original Form I-589 filing date. This date will be utilized for determining the one-year filing deadline, eligibility for employment authorization based on a pending asylum application, scheduling priority for asylum interviews, and age determinations for child dependent applicants. If you did not file Form I-589 before EOIR dismissed or terminated your removal proceedings, the receipt notice will contain your current Form I-589 filing date.

If you initially submitted an affirmative asylum application with USCIS, and your application was subsequently transferred to immigration court where it remained pending until the removal proceedings were dismissed or terminated, USCIS plans to issue a new discretionary Notice to Appear to send your application back to EOIR if you file a new asylum application.

To prevent delays in processing, carefully review the "Where to File" and "Special Instructions" sections on our Form I-589 webpage before submitting your application. Utilize our Filing Instructions Tool to determine your eligibility to file Form I-589 with USCIS, either by paper or online. For information on Employment Authorization Documents for applicants with a pending asylum application or withholding of deportation or removal under 8 CFR 274a.12(c)(8), visit our Form I-765 webpage.