Before completing Form I-589, you must first determine where it should be filed:
To determine where and how you are allowed to file Form I-589, use the
official USCIS filing instructions tool:
www.uscis.gov/humanitarian/form-i-589-filing-instructions-tool
1. Filing Form I-589 with USCIS
You file Form I-589 with USCIS if:
- you entered the United States with a visa; or
- you crossed the U.S.–Mexico border and are not yet in the immigration court system.
Even if you entered through Mexico and are expected to appear in immigration court later,
you may still file Form I-589 with USCIS.
This allows you to:
- avoid missing the one-year filing deadline if your court case is not initiated for a long time;
- start the process of obtaining employment authorization and an SSN sooner.
The official rules governing how USCIS and EOIR interact, including how Form I-589 is handled when an NTA exists,
are explained on the USCIS website:
What Happens After You File Form I-589 with USCIS
2. Filing Form I-589 with the Immigration Court
You must file Form I-589 with the Immigration Court if:
- you are already in the immigration court system; and
- you entered the United States through Mexico.
Important: even if you were issued
Form I-862 (Notice to Appear)
at the border with a court date, this does not automatically mean you are in the court system.
You are considered to be in the court system only after ICE formally files your NTA
and registers your case with the Immigration Court.
To check whether you are in the court system, enter your A-Number on the EOIR website:
acis.eoir.justice.gov/
Summary:
- if you are not yet in the court system, file Form I-589 with USCIS;
- if you are already in the court system, file Form I-589 only with the Immigration Court.
P.S. For those who entered through Mexico:
after filing Form I-589 with USCIS, some ICE officers may r
