Form I-589 can be filed in several ways:
- With USCIS - online
- With USCIS - by mail
- With Immigration Court - by mail or in person
- With Immigration Court - online
1) USCIS - online filing
You may file online if:
- you entered the U.S. with a visa; or
- you entered through Mexico but were not issued Form I-862 (Notice to Appear).
If you meet these criteria, online filing is usually the best option. However, online filing is not available in some situations. If that applies to you, you will need to file by mail.
2) USCIS - filing by mail
This is an older method, but it is still very common.
You should file by mail with USCIS if:
- you entered through Mexico, you are not in immigration court, but you were issued Form I-862 (Notice to Appear);
- your court case was closed;
- your situation is special and you were previously included in someone else’s case.
Main drawback: the acceptance decision can take months. In late 2023, the acceptance or rejection notice often took 2-6 months. During that time, you typically cannot track the filing or be fully sure it was received.
That is why you should mail Form I-589 to USCIS only if you are not eligible to file online.
Use the
official USCIS filing instructions tool
to confirm where and how you can file Form I-589:
www.uscis.gov/humanitarian/form-i-589-filing-instructions-tool
3) Immigration Court - by mail or in person (if you are in the court system)
You file with the Immigration Court if you are already in removal proceedings (i.e., you are in the court system).
You may submit your documents by mail or in person (at the court clerk’s office or at a hearing).
Please note: if you mail the application to court, you often will not receive a receipt unless you specifically request it. Proof that the court accepted your filing may include:
- a date-stamped court stamp on the first page of Form I-589; and
- the court “clock” starting (which can be checked by phone).
If you file in person, the clerk typically stamps the form with the received date and can provide a stamped copy to you immediately.
4) Immigration Court - online filing
Starting in July 2024, online court filing is available not only to attorneys, but also to people representing themselves (Pro Se).
To file online, you must register for the Respondent Access Portal:
www.justice.gov/eoir/respondentaccess
Unfortunately, the court’s online system does not always move as fast as USCIS. Depending on the judge’s workload, confirmation may appear in a day, or it may take months.
Once accepted, the confirmation will be available in your (or your attorney’s) online account.
For step-by-step instructions, see the guide on how to register and file documents with the court online.
Disclaimer: The information provided here is for general informational purposes only and does not constitute legal advice. Translations are provided for convenience and may contain errors or omissions. For guidance on your specific situation, always consult official sources or a qualified attorney.
