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  5. What Happens After You File Form I-589 With USCIS

What Happens After You File Form I-589 With USCIS

After you file a Form I-589 with USCIS, we will review your immigration records to determine next steps for processing your Form I-589.

If we determine that … Then …

You are not in immigration court proceedings at the time of filing and DHS did not previously issue you a Form I-862, Notice to Appear (NTA),

We will accept your completed Form I-589 and send you a receipt notice. Keep your receipt notice for your records. The date USCIS receipted your Form I-589 will serve as the filing date for the purpose of the asylum one-year filing deadline.

DHS previously issued you an NTA, and you filed your Form I-589 with us 21 calendar days or fewer after the date your NTA was filed and docketed with EOIR,

We will accept your Form I-589, send it to the EOIR immigration court where your proceedings are pending, and notify you by mail. EOIR will adjudicate your Form I-589. The date USCIS receipted your Form I-589 will serve as the filing date for the purpose of the asylum one-year filing deadline.

DHS previously issued you an NTA, and you filed your Form I-589 with us 22 calendar days or more after the date your NTA was filed and docketed with EOIR,

We will reject your Form I-589 and return it to you.
DHS previously issued you an NTA, and your NTA was filed and docketed with EOIR after you filed your Form I-589 with us,

We will accept your Form I-589, send it to the EOIR immigration court where your proceedings are pending, and notify you by mail. EOIR will adjudicate your Form I-589. The date USCIS receipted your Form I-589 will serve as the filing date for the purpose of the asylum one-year filing deadline.

DHS previously issued you an NTA that has not been filed and docketed with EOIR,

We will accept your Form I-589, issue you an NTA, file your NTA with EOIR, send your Form I-589 to the EOIR immigration court where we file your NTA, and notify you by mail. EOIR will adjudicate your Form I-589. The date USCIS receipted your Form I-589 will serve as the filing date for the purpose of the asylum one-year filing deadline.

If you change your address while your Form I-589 is pending with a USCIS asylum office, you must notify us within 10 calendar days after you move.  Please visit our page on How To Change Your Address for additional information.  You should also submit written notification of your change of address to the asylum office with jurisdiction over your case.

If you are issued an NTA, the immigration court will send you a Notice of Hearing with information about the date and location of your hearing once your NTA is filed and docketed with EOIR. This notice will be sent to your current address in EOIR’s records. If your address changes, you must file a Form EOIR-33/IC, Alien’s Change of Address Form/Immigration Court, with EOIR within five days of your move.

If you have a hearing scheduled with the immigration court, and you would like to confirm that we have sent your Form I-589 to EOIR, check USCIS Case Status Online (CSOL). If no status is listed, or if CSOL does not state that your Form I-589 has been sent to EOIR, contact the USCIS asylum office with jurisdiction over your Form I-589 in writing or in person to ask us to send your Form I-589 to EOIR.

Note: If you file a Form-I-589 with USCIS, and we notified you that we sent it to EOIR, you do not need to refile it with EOIR. We will send your Form I-589 filing date to EOIR when we send your Form I-589 to EOIR for adjudication. You should bring a copy of your filed Form I-589 and any notices USCIS sent you about your Form I-589 to your EOIR immigration court hearings.

Last Reviewed/Updated:
01/26/2021
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