These are the new instructions for asylum seekers in the United States with a canceled deportation

It’s official: On Monday, October 16, 2023, “new instructions” went into effect for filing asylum claims with USCIS following the dismissal or cancellation of removal proceedings by the Immigration Court.

The announcement was made by the USCIS and reported by Univisión: “If EOIR (Executive Office for Immigration Review) has denied or canceled your deportation proceedings and you choose to file an asylum application, you must do so through an updated version of the Form I – 589 (Application for asylum and withholding of deportation).”

One piece of advice from United States Citizenship and Immigration Services: If you are requesting a current version of Form I-589, Asylum Application and Withholding of Removal, do so through a USCIS lockbox that has jurisdiction over your place of residence.

According to the agency, if you had a pending asylum claim when EOIR closed or canceled your deportation proceedings, you should include in your filing any additional or updated information related to your asylum claim.

This is the deadline the Federal Court in Denver has imposed on undocumented immigrants to “self-deport”

Proof required for asylum seekers with canceled deportations

The American agency recommends this on its website current evidence which shows that:

This is the date USCIS will use “for purposes of the one-year filing deadline, eligibility for employment authorization on a pending asylum claim, priority for scheduling an asylum interview, and age determinations.” for dependent minors seeking asylum.

Instead of, if you have not filed Form I-589 by the date in which EOIR has denied or canceled your removal proceeding, they will send you an acknowledgment of receipt with the filing date of your current Form I-589.

These are the two types of asylum you can apply for in the United States and who you can arrange it with

Affirmative asylum

According to USCIS, “if you originally filed an asylum claim with this agency (known as a positive asylum claim) and we referred, forwarded, or transferred your asylum claim to immigration court, where it remained pending until the proceedings were denied or terminated, we are intend to issue you a new discretionary appearance notice to refer you back to the EOIR so that you can file a new asylum application.”

To avoid processing delays, we recommend that you carefully read the “Where to File” and “Special Instructions” sections of our Form I-589 page before submitting your application.

Take advantage of the Instructions for submitting applications to find out if you are eligible to file Form I-589 online or on paper with USCIS.

USCIS is launching an online form to request in-person appointments at its offices across the United States

Univisión points out that this is to know “whether the alien benefiting from a cancellation of deportation is eligible to submit Form I-589 online or in hard copy to USCIS.”

Regarding the process of applying for a work permit “because you have accumulated more than 180 days since the original date of your asylum application,” USCIS invites you to visit the page of the Form I-765 for more information about required documents and other requirements.

Form I-589 Filing Instructions

USCIS notes that to ensure your application is received in a timely manner, it is important that you correctly file your Form I-589, Asylum Application and Suspension of Removal.

This is the digital application for immigration in the United States that allows you to easily update your address

Form I-589

Of the questions asked to find out if the person is eligible, according to El Nuevo Herald, the following stand out:

For more information about the Form I-589 Filing Instructions tool, read here

With information from USCIS, Univision and El Nuevo Herald

(JO)