USCIS Provides Updated Guidelines for Asylum Applications After EOIR Dismissal or Termination of Removal Proceedings

Starting October 16, 2023, U.S. Citizenship and Immigration Services (USCIS) is implementing new guidelines for asylum applications submitted by individuals whose removal proceedings were dismissed or terminated by the Executive Office for Immigration Review (EOIR).

If your removal proceedings were dismissed or terminated by EOIR and you opt to pursue an asylum claim, you must send the most 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. For individuals who had a pending asylum application at the time EOIR dismissed or terminated their removal proceedings, it's advised to include any additional or updated information related to your asylum claim in your submission. You should also provide evidence that:

  1. EOIR dismissed or terminated your removal proceedings, which can be established with a copy of the EOIR Order of Dismissal or Termination.
  2. You had a pending Form I-589 with EOIR at the time of dismissal or termination of your removal proceedings.

The receipt notice USCIS issues will bear the original filing date of your Form I-589, as long as it was filed before the EOIR dismissal or termination date. For those who did not file Form I-589 prior to the EOIR dismissal or termination date, the receipt notice will display your current Form I-589 filing date.

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

To prevent processing delays, please carefully review the "Where to File" and "Special Instructions" sections on the USCIS Form I-589 webpage before submitting your application. Utilize the USCIS Filing Instructions Tool to determine your eligibility for either paper or online submission of Form I-589. Information about Employment Authorization Documents for applicants with pending applications for asylum or withholding of deportation or removal can be found on the USCIS Form I-765 webpage under 8 CFR 274a.12(c)(8).

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