USCIS Instructions for Filing Asylum Applications After EOIR Dismissal or Termination of Removal Proceedings

Need help with an immigration matter?

Contact Kambo Law, PLLC for experienced immigration legal counsel in Nassau County, Long Island, NJ & NY.

Contact Us (516) 345-4502

Taking effect on October 16, 2023, if the Executive Office of Immigration Review (EOIR) dismissed or terminated your removal proceedings and you choose to pursue a claim for asylum, you must submit a current version of Form I-589, Application for Asylum and for Withholding of Removal.

If you had a pending asylum application when EOIR dismissed or terminated your removal proceedings, you should include in your submission any additional or updated information regarding your claim for asylum. USCIS recommends that you submit proof demonstrating that:

• EOIR dismissed or terminated your removal proceedings, such as a copy of the EOIR Order of Dismissal or Termination; and
• You had a Form I-589 pending with EOIR when your removal proceedings were dismissed or terminated.

If the evidence establishes that you filed Form I-589 before the date when EOIR dismissed or terminated your removal proceedings, USCIS will issue a receipt notice with the original Form I-589 filing date.

If you originally filed an asylum application with USCIS (known as an affirmative asylum application), and it was referred, forwarded, or transferred your asylum application to immigration court where it remained pending until the removal proceedings were dismissed or terminated, then USCIS will issue a new discretionary Notice to Appear to send your application back to EOIR if you file a new asylum application.