Starting from October 16, 2023, if EOIR has canceled your removal proceedings and you wish to submit an asylum application, follow these steps:
- Complete Form I-589, Application for Asylum and Withholding of Removal, and send it to the USCIS lockbox facility that corresponds to your place of residence.
- If you already had a pending asylum application when EOIR canceled your removal proceedings, include any updated information related to your application.
- Provide evidence of the cancellation of removal proceedings by EOIR, such as a copy of the Dismissal or Cancellation Order.
- If you had submitted Form I-589 before EOIR canceled the proceedings, the original submission date will be used to determine the one-year application deadline, eligibility for employment authorization, priority for scheduling an asylum interview, and age determinations for dependent minor asylum seekers.
- If you did not submit Form I-589 before the cancellation by EOIR, the submission date of your current form will be used.
- If you initially filed an asylum application with USCIS, and it was transferred to an immigration court until the proceedings were canceled, you will receive a new Notice to Appear for discretionary referral back to EOIR to submit a new asylum application.
- Before submitting your application, carefully review the relevant sections of Form I-589 and use the online instruction tool to determine whether you are eligible to apply online or on paper.
- For information regarding employment authorization, consult the Form I-765 page for applicants with a pending asylum or withholding of removal application.
These instructions aim to simplify the asylum application process for individuals whose removal proceedings have been canceled by EOIR.
This information is for informational purposes only.
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