When can you file Form I-589 with USCIS? - Arvian Immigration Law Firm

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When can you file Form I-589 with USCIS?

USCIS (United States Citizenship and Immigration Services) recently clarified the parameters under which persons can file Form I-589, Application for Asylum and Withholding of Removal, directly with USCIS.

Individuals who crossed the border with Mexico previously received a Notice to Appear (NTA) in the form of Form I-862. Filing Form I-589 with USCIS was not permissible under certain circumstances. Individuals were instead required to wait until they appeared in court before filing Form I-589 with the Executive Office for Immigration Review (EOIR).

I 589 application for asylum

Individuals can now mail Form I-589 to USCIS if they satisfy specific criteria, according to current advice. These are some of the criteria:

  • Non-U.S. Citizenship: You must not be a citizen of the United States.
  • You must not have previously been assigned an A-number.
  • Not Involved in the EOIR Process: If you were previously assigned an A-number but are no longer involved in EOIR proceedings, you may file Form I-589 with USCIS.

Unaccompanied Minor (UAC): If you are an unaccompanied immigrant kid facing deportation, you may file Form I-589 with USCIS. If you have been assigned an A-number, you can use it to establish whether you are involved in EOIR proceedings:

  • In the United States, dial 800-898-7180 (TDD 800-828-1120) for the free EOIR Automated Case Information hotline.
  • For online case information, go to the EOIR website (acis.eoir.justice.gov).

If your name and future hearing details are displayed on the hotline or in the EOIR web system, it means that your Form I-862 NTA has been filed and is now in the EOIR court system. You must file Form I-589 with EOIR in such circumstances. You can use the EOIR helpline or the online system to discover the right court address for filing Form I-589. You can also get information on immigration courts on the Department of Justice’s website. It is critical to accurately file Form I-589 with the appropriate entity. Failure to do so may result in your application being rejected or delayed. Furthermore, USCIS warns that completing Form I-589 with the incorrect entity may result in your application being cancelled. You cannot submit your application online if you have already received Form I-862 NTA from the Department of Homeland Security (DHS) and have never participated in EOIR proceedings. Instead, you must mail Form I-589 to the USCIS. Visit the USCIS website at www.uscis.gov/i-589 for further information and to access Form I-589. To minimize issues or potential delays in the processing of your asylum claim, thoroughly review the instructions and requirements before filing your application.