If you are one of the lucky ones because the immigration court revoked your deportation order and you plan to seek asylum in the United States, pay attention: starting Monday, October 16, 2023, you must use the new form. If you do not, your claim may be delayed or you may lose your right to remain in the country.
The Office of Citizenship and Immigration Services (USCIS) announced, “New guidance has been issued regarding asylum applications filed by persons whose deportation proceedings (trials) have been dismissed or canceled by the Executive Office for Immigration Cases Review (Immigration Court, EOIR).
That is, starting this Monday, “If EOIR has denied or canceled your deportation proceedings and you choose to file an asylum application, you must do so through an updated version. Form I-589 (Suspension of Asylum Claims and Deportations)”.
When requesting it, the agency recommended that you “attempt to do so through a secure location (‘lockbox’) that has jurisdiction over your residence.
Safe places or ‘lockboxes’ are sites created by USCIS to ensure that the information you send is secure.
Who benefits and how
If an asylum application is pending when an immigration court denies or cancels your removal proceedings, USCIS explained, “You must include in your Form I-589 submission any additional or updated information related to your asylum application.”
The federal agency was directed to present evidence showing that:
- EOIR has denied or revoked your removal proceedings, i.e. a copy of the order of dismissal or revocation, and
- Form I-589 was pending with EOIR when your deportation or removal proceedings were denied or canceled.
What Happens After You Submit Form I-589
The new rule announced by the Immigration Service states, “If evidence shows that you filed Form I-589 before the date the immigration court revoked your deportation proceedings, we will provide you with a Notice of Receipt with the original filing date of your Form I-589.
The Immigration Service has promised that this will be the date of use for the following purposes:
- One-year deadline for filing Eligibility for employment authorization based on pending asylum claim
- Prioritize scheduling an asylum interview
- Age limit for dependent minor asylum seekers
If the alien does not file Form I-589 (Application for Asylum and Withholding of Deportation) before the date the immigration court cancels his removal proceedings, “we will give you a notice of receipt with the date of filing.” Your current Form I-589,” he pointed out.
What about safe havens?
For aliens who first filed an asylum application with USCIS (known as a definitive asylum application or petition) “we referred, forwarded, or transferred their asylum petition to an immigration court, pending its denial or cancellation. I intend to issue a new notice of discretion to appear (NTA) to refer you back to EOIR for you to submit a new asylum application,” the Immigration Service explained.
The agency, which operates under the command of the Department of Homeland Security (DHS), noted that to avoid delays in processing, beneficiaries of cancellation of removal should “carefully read the ‘Where to File Your Application’ and ‘Special Instructions’ sections” included on the page related to Form I-589.
It must determine “whether an alien who would benefit from a waiver of deportation is eligible to file Form I-589 with USCIS online or in paper form.”
If you have accumulated more than 180 days from the original date of your asylum claim, please refer to USCIS’s page on the process for requesting employment authorization. Form I-765 For information on required documents and other requirements.
Pending asylum cases
It should be noted that as of June 30 of this year, USCIS has accumulated 920,963 I-589 affirmative asylum applications. Lawyers consulted by Univision Noticias recalled that due to traffic congestion, cases can take months, “even years to resolve.”
Alex Galvez, an attorney practicing in Los Angeles, California, noted that “determined asylum seekers should remember that they can apply for employment authorization (EAD) to USCIS after 180 days of their case being pending. Form I-765”.
Attorneys interviewed reiterated that affirmative asylum cases rejected by USCIS are referred to immigration court, “and petitioners will face a deportation hearing from the United States. These cases turn out to be ‘defensive’ asylums.
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