As of October 16, 2023, official rules were introduced regarding actions after a court case is closed under Prosecutorial Discretion, when a case is dismissed or terminated.
The official guidance is published on the USCIS website:
1. If EOIR dismissed or terminated your removal proceedings and you decided to file for asylum, you must file the current version of Form I-589 with USCIS and wait for an interview.
⚠️ Note: the wording “if you decided to file” means you are not required to do so. You may choose to live without status.
⚠️ If you decide to file Form I-589, you must do it yourself. The court does not transfer your case to USCIS.
2. If you filed Form I-589 in court before the case was closed, USCIS will accept it retroactively using the original court filing date. This date will be used to:
- count 150 (180) days toward employment authorization (if not previously granted under category C-8)
- confirm that the application was filed within one year of entry
- determine interview scheduling priority (it is still unclear whether older cases will be prioritized)
- determine eligibility to include children (if a child turned 21 after court filing but before USCIS filing, they may still be included)
3. Rare scenario:
- You first filed Form I-589 with USCIS
- USCIS then referred the case to court
- The court later closed the case
In this situation, USCIS will accept the form but will issue a new NTA and send you back to court.
In other words, the court cannot close the case and send you to an interview if USCIS had already referred the case to court.
This applies only to rare cases where USCIS independently referred the case to court. It does not apply when USCIS simply closed a case after the person entered court proceedings.
4. If you:
- filed Form I-589 with USCIS
- later entered court proceedings and filed I-589 in court
- and the court closed the case while USCIS did not
In this case, USCIS retains jurisdiction and will schedule an interview. You must submit an updated Form I-589 and proof that the court case was closed.
All scenarios are outlined in the table here.
What must be submitted?
- Current Form I-589 with box c selected in question 18, section A.I.
- Copy of the court decision showing dismissal or termination
- Proof of prior court filing of I-589, if applicable
- Cover letter requesting recognition of the original court filing date
Where to file?
Texas or Illinois, depending on your place of residence.
See Where to File.
❗️ Important: these filings no longer need to be sent to the Vetting Center in Georgia.
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.
