New Instructions For Individuals Seeking Asylum After Removal Proceeding Are Dismissed

The United States Citizenship and Immigration Services (USCIS) has issued new instructions for asylum applications submitted by individuals whose removal proceedings were dismissed or terminated by the Executive Office for Immigration Review (EOIR). These new instructions go into effect on October 16, 2023. Under the new instructions, if EOIR dismisses or terminates removal proceedings and the applicant chooses to pursue a claim for asylum, they must submit a current version of Form I-589, Application for Asylum and for Withholding of Removal, to the USCIS lockbox with jurisdiction over their place of residence.

If the applicant had a pending asylum application when EOIR dismissed or terminated their removal proceedings, they should include in their submission any additional or updated information regarding their claim for asylum. They are also recommended to submit proof demonstrating that:

These new instructions are intended to simplify the process for individuals who are seeking asylum after their removal proceedings have been dismissed or terminated. By requiring all asylum applications to be filed with USCIS, the new instructions will eliminate the need for applicants to transfer their case between USCIS and EOIR. The new instructions also make it clear that applicants should submit any additional or updated information regarding their asylum claim when they file their Form I-589 with USCIS. This will help to ensure that USCIS has all of the information it needs to make a decision on the applicant’s asylum claim.

Individuals who are seeking asylum after their removal proceedings have been dismissed or terminated should carefully review the new instructions and ensure that they submit all of the required documentation. If they have any questions, they should consult with an immigration and asylum attorney.

Asylum Eligibility Requirements

Asylum is granted to foreign nationals who reside in the United States or are at the border and meet the international definition of a “refugee”. According to the United Nations 1951 Convention, a refugee is defined as an individual who is unable or unwilling to return to their home country due to previous persecution or fear of persecution in the future due to factors such as:

• Race
• Religion
• Nationality
• Membership in a particular social group
• Political opinion

Through U.S. immigration law, the United States enacted legal standards that protect those who qualify as refugees. However, because immigration laws are a complex concoction of administrative codes, international agreements, statutes, and politics, garnering protection can be disconcerting and intimidating and should be addressed with the help of an Oak Brook asylum attorney.

Do You Have Questions About Asylum? Talk To An Asylum Attorney

Anyone seeking asylum may only get one or two chances at the process. This opportunity can easily fail if you try to DIY your asylum application or hire an inexperienced representative. It is important to have an experienced asylum attorney advocating for you.

To learn more about your rights and to discover how an asylum lawyer can help protect them, call Godoy Law Office Immigration Attorneys today. We can fight beside you to get the protection you need.

Call us today at 630-345-4164.

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