If you have a case in immigration court, you may apply for asylum by filing Form I-589 with the immigration court, and you must attend all court hearings. Immigration courts send important information by mail, so it is essential to update your address if you move.
Below are the general stages of the immigration court process:
1) U.S. government officials must provide you with a Notice to Appear, either at the border or by mail — Form I-862 Notice to Appear (NTA). Keep this document in a safe place.
2) Check the immigration court system weekly to find out when your first hearing is scheduled. The first hearing is called a Master Hearing and is usually very short. Depending on your situation, you may have more than one Master Hearing, for example if you request more time to find an attorney. Judges often insist that you have legal representation and may continue the first hearing until you obtain an attorney.
3) Attend all immigration court hearings, even if the hearing date appears only on your Form I-862 and not yet in the online or phone system. If you miss a hearing, the immigration judge will most likely issue a removal order.
4) File your asylum application — Form I-589 — with the immigration court within one year of your arrival in the United States.
If Form I-589 is not ready by the time of your Master Hearing, the judge will not be able to schedule a final hearing, will give you additional time, and will schedule another Master Hearing.
If you repeatedly fail to submit Form I-589 at your hearings, the judge may issue a removal order, even if one year has not yet passed since your arrival in the United States.
5) After filing Form I-589 with the court, send a copy of the first three pages of the application to USCIS. USCIS should send you a receipt notice.
6) Within several months, USCIS should send you a notice for biometrics (fingerprinting). It is very important not to miss this appointment.
7) File an application for employment authorization and an SSN — Form I-765. Asylum applicants may file for a work permit after 150 days from the date the court accepted Form I-589. You may receive the work permit only after 180 days. You can file 30 days earlier, meaning after 150 days.
8) After the Master Hearing and acceptance of Form I-589, the immigration court schedules the final hearing — the Individual Hearing. This is a longer hearing where your asylum case is examined in detail.
9) Submit additional written evidence supporting your asylum case before the Individual Hearing. The judge will inform you of the deadline, which is usually 2–4 weeks before the final hearing.
10) Attend the Individual Hearing and present your asylum case.
11) After the Individual Hearing, the immigration judge issues a decision. The decision may be announced in court or sent by mail. If asylum is granted, you and all family members listed in your application will receive asylum.
12) If asylum is denied, you may appeal the decision to the Board of Immigration Appeals within 30 days.
Disclaimer: The information provided here is for general informational purposes only and does not constitute legal advice. Immigration rules may change. For guidance on your specific situation, always consult official sources or a qualified immigration attorney.
