If you filed an asylum application in immigration court and your case was dismissed, your asylum case is also considered closed without a final decision. However, if you wish to continue seeking asylum, you may still file an application with USCIS.
If you already have a pending asylum application with USCIS or an active case in immigration court, this information does not apply to you.
What happens to my work permit?
The answer depends on the status of your work permit at the time your immigration court case was closed.
If your work permit is still valid, you may continue using it until its expiration date, even after your immigration court case is closed.
However, you will not be able to renew your work permit after the court case is closed. You may only apply again for a work permit after filing a new asylum application with USCIS.
If your work permit has already expired, you may continue using it only if you filed a renewal application before the immigration court case was closed.
If you filed a work permit renewal before the court case was closed and before the permit expired, you may continue working for up to 540 days after the expiration date.
If you did not file a work permit renewal before the immigration court case was terminated, you will not be able to renew your work permit. You may only apply again after filing a new asylum application with USCIS.
In this situation, the 150-day clock for obtaining a new work permit will restart after filing Form I-589 with USCIS.
What happens to my asylum case?
If you filed an asylum application in immigration court and the case was closed, the asylum case is also closed without a final decision. Your next steps depend on whether you wish to continue seeking asylum.
If you do not wish to continue seeking asylum, no action is required. However, you may wish to consult an attorney to determine whether you are eligible for another immigration status.
If you do wish to continue seeking asylum, you should file a new asylum application with USCIS as soon as possible. Even if you previously filed in immigration court, you must submit a new application to USCIS. This initiates the asylum process with USCIS rather than immigration court.
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.
