How USCIS Processes a Form I-589 Filed After Removal Proceedings are Dismissed or Terminated

USCIS never considered an asylum application for you, and you had an asylum application pending with EOIR when your removal proceedings were dismissed or terminated.

You may file an updated Form I-589 on a current version of the form and supporting documents with USCIS. You must submit:

• A new paper Form I-589 with current information, including current mailing and residential addresses in the United States.

We recommend that you also submit:

• Proof that you had a Form I-589 pending with EOIR when your removal proceedings were dismissed or terminated, such as a copy of your Form I-589 stamped “received” by EOIR or other available documentary evidence of filing with EOIR; and
• A copy of the EOIR Order of Dismissal or Termination.

You should also submit any additional or updated information related to your claim for asylum.

Submit your new Form I-589 and supporting documentation to the lockbox associated with your address location. See the “Where to File” section of the Form I-589 page for additional filing information.

If we have evidence that you filed Form I-589 with EOIR before the dismissal or termination of the removal proceedings, we will issue a new Form I-589 receipt notice that reflects your original filing date with EOIR. We will use this date for purposes of the 1-year filing deadline, 180-day Asylum Employment Authorization Document (EAD) Clock, asylum interview scheduling priority, and age determinations for unaccompanied child principal applicants and child dependents.

USCIS will accept your newly filed application and then intends to issue a discretionary Notice to Appear to send the application back to EOIR.

If you file an updated Form I-589 and supporting documents with USCIS, you must submit:

• A new paper Form I-589 on a current version of the form with current information, including current mailing and residential addresses in the United States.

We recommend that you also submit:

• Proof that you filed Form I-589 with EOIR before your removal proceedings were dismissed or terminated, such as a copy of your Form I-589 stamped “received” by EOIR or other available documentary evidence of filing with EOIR; and
• A copy of the EOIR Order of Dismissal or Termination.

You should also submit any additional or updated information related to your claim for asylum.

Submit your new Form I-589 and supporting documentation to the lockbox associated with your address location. See the “Where to File” section on the Form I-589 page.

If we have evidence that you filed Form I-589 with EOIR before the dismissal or termination of the removal proceedings, we will issue a new Form I-589 receipt notice that reflects your original filing date with USCIS.

Submit your new Form I-589 and supporting documentation to the lockbox associated with your address location. See the “Where to File” section of the Form I-589 page for additional filing information. Since you did not previously file Form I-589, you will be issued a receipt notice with your current filing date.

We recommend that you also submit:

• A copy of the EOIR Order of Dismissal or Termination.

You had an asylum application pending with EOIR when your removal proceedings were dismissed or terminated and:

• You have already refiled a new Form I-589 with USCIS after the EOIR dismissal or termination;
• Your receipt notice filing date reflects the date you filed;
• Your Form I-589 is still pending with USCIS; and
• You would like USCIS to use the date of your original filing (with either USCIS or EOIR) instead of the date listed on your current receipt notice.

Please submit:

• A cover letter requesting the original filing date that was on record with EOIR before your proceedings were dismissed or terminated.

We recommend you also submit:

• Proof that you had a Form I-589 pending with EOIR at the time of the dismissal or termination, such as a copy of your Form I-589 stamped “received” by EOIR or other available documentary evidence of filing; and
• A copy of the EOIR Order of Dismissal or Termination.

You may also submit any additional or updated information related to your claim for asylum.

Submit these additional or updated information to the asylum office where your Form I-589 is still pending.

If we have evidence that you had a Form I-589 pending with EOIR when EOIR dismissed or terminated your removal proceedings, we will issue a new Form I-589 receipt notice that reflects your original filing date with either USCIS or EOIR. We will use this date for purposes of your 1-year filing deadline, 180-day Asylum EAD Clock, asylum interview scheduling priority, and age determinations for unaccompanied child principal applicants and children dependents.