USCIS Updates the Asylum Filing Process

June 2, 2023

This week, USCIS made some important changes to the filing process and requirements for asylum applications. For context, affirmative asylum applications are available for those foreign nationals who are not currently in removal proceedings. Conversely, defensive asylum applications occur when a foreign national is in removal proceedings before an Immigration Judge or the Board of Immigration Appeals (BIA). Thus, while some of the below updates may not apply to defensive asylum applications, some may, and it is imperative that you speak with your attorney before making any changes to your asylum application.

As it pertains to affirmative and defensive asylum applications, USCIS has instituted changes to the required supporting documents and issued a new version of Form I-589, Application for Asylum and for Withholding of Removal. Effective May 31, 2023, both affirmative and defensive asylum applicants are no longer required to submit a passport-style photograph, multiple copies of Form I-589, or multiple copies of their supporting documentation with their submission. This effort should help reduce the administrative burden for all parties involved and streamline the application process. Further, a new version of Form I-589 – used by both affirmative and defensive asylum applicants – has been published, with an edition date of 03/01/23 (the edition date can be found at the bottom left corner of the form). In their update this week, USCIS noted that they will continue to accept the previous edition (edition date 10/12/22) until July 31, 2023. Accordingly, any asylum application submitted on August 1, 2023 or after must use the 03/01/23 edition of Form I-589.

Additionally, in their ongoing effort to streamline processing, improve adjudication efficiency, and digitize paper filings, USCIS made an immediate update to the filing locations for certain affirmative asylum applications. Please note that this change does not apply to defensive asylum applications, nor for the following categories of affirmative asylum applications:

Loss of Derivative Status After Asylum Approval but Before Adjustment of Status (Nunc Pro Tunc);
Loss of Derivative Status After Initial Filing but Before Final Decision;
Simultaneous Filing as a Principal Applicant and a Derivative Applicant;
Previously Issued a Final Action by USCIS on a Form I-589; and
Previously in Immigration Court Proceedings.

Accordingly, if your affirmative asylum application does not fall into one of the above categories, then effective May 31, 2023, you should submit your application to the lockbox dedicated to your state or territory of residence. Once submitted to the appropriate lockbox, affirmative asylum applicants will receive two notices – one informing the applicant that the lockbox received and forwarded their application to USCIS, the other being the standard I-589 receipt notice. Importantly, both receipt notices should include the same receipt date that is used to determine employment eligibility and for purposes of the one-year filing deadline. Further, USCIS encourages affirmative asylum applicants who are not in immigration court proceedings and who do not fall into one of the above categories to file their application online when possible.

If you have any questions about your asylum eligibility, please contact us at Landau, Hess, Simon, Choi & Doebley. To schedule a consultation with one of our attorneys, please proceed to our Consultation Request Form.

Written by: Megan Nova Moleski