Re-Filing Asylum Applications Following EOIR Dismissal or Termination of Removal Proceedings

Effective on October 16^th, 2023, if your pending asylum case in immigration court was dismissed or terminated, you still have an option available to continue your pursuit for asylum. USCIS now instructs asylum applicants still interested in pursuing asylum to file a new Form I-589 to the USCIS lockbox that has jurisdiction over the applicant’s residence.[1] If your previous Form I-589 was filed before the case was dismissed, the applicant will be issued a new I-589 receipt which maintains the original filing date of the first I-589 for evaluating issues such as:

• the one-year filing deadline,
• employment authorization,
• interview scheduling priority, and
• age determinations for child dependent applicants.

If the I-589 was not filed with the court prior to termination of proceedings, an older receipt date will not be provided—it will contain the receipt date of the new I-589.

If the asylum case began in immigration court, the new I-589 will first be reviewed by USCIS instead of the court. The agency will interview the applicant and possibly grant asylum without needing any involvement of the court. If the case was originally filed with USCIS before being forwarded on to the immigration court, the applicant will be issued a new Notice to Appear in immigration court, restarting their immigration court process.

With this new ability to re-start asylum cases that have been previously terminated or dismissed, applicants with strong cases get another opportunity to pursue asylum in the United States and continue lawfully working under their related work permits. However, all asylum seekers looking to pursue this option should be aware that asylum requires many legal requirements to be satisfied before asylum will be granted. Not meeting any of the multiple requirements can lead to a denial of an asylum case. Therefore, if any applicants are applying again with a weak case, they may be putting themselves at risk of deportation if they lose their case. Before considering whether to re-open your case, you should have a consultation with an experienced immigration attorney.