What should you do after filing Form I-589 with USCIS?

If you entered the United States on a visa, the process is straightforward: after 150 days, you file Form I-765 and wait for an interview notice.

If you entered through Mexico, the following scenarios are possible.

Possible developments

First of all, you file Form I-589 with USCIS in order to:

• start the waiting period for employment authorization;
• start the clock;
• comply with the requirement to file within one year of arrival so as not to lose eligibility for asylum.

Scenario 1.1

You receive a Receipt Notice I-797 with a received date.

You do not appear in the court system.

You count 150 days and file Form I-765 for work authorization and an SSN.

You wait 30–90 days (as of fall 2022) and receive the documents by mail.

You continue waiting to appear in the court system.

Scenario 1.2

You appear in the court system, USCIS notices this, closes your case, and transfers your Form I-589 to the court. USCIS sends you a corresponding notice.

Scenario 1.3

You appear in the court system, but USCIS does NOT notice this.

You complete the PDF version of Form I-589 and submit it yourself to the court and to the prosecutor.

Under scenarios 1.1–1.3, you have work authorization and an SSN, you have complied with the one-year filing requirement, and the judge has received your application.

Scenario 2.1

You appear in the court system before the 150 days have elapsed.

USCIS notices this, closes your case, and transfers your Form I-589 to the court.

Your court clock starts, and it correctly counts the days from the date the I-589 was filed with USCIS.

You count 150 days and file Form I-765 for work authorization and an SSN.

You wait 30–90 days (as of fall 2022) and receive the documents by mail.

Scenario 2.2

You appear in the court system before 150 days have elapsed, but USCIS does NOT notice this and takes no action.

You complete the PDF version of Form I-589 and submit it yourself to the court and to the prosecutor.

Your court clock starts, but it counts only the days from the date your form was filed with the court.

You still count 150 days from the USCIS receipt date and file Form I-765.

In this situation, it is important to include a printed copy of the USCIS–EOIR coordination policy and remind them that the USCIS filing date must be credited.

Otherwise, there is a high risk that the officer will ignore your I-797, check your case in the court system, and issue an erroneous denial on the basis that 150 days have not passed. Such a denial is essentially impossible to appeal, and it is easier to refile Form I-765.

Scenario 3.1

You do not appear in the court system and USCIS schedules you for an interview before the 150 days have elapsed.

At the interview, you are told that USCIS lacks jurisdiction, the case is closed, and you are informed that a new Notice to Appear (Form I-862) will be issued.

USCIS then sends you the new NTA by mail, registers you in the court system, and transfers your Form I-589 to the court.

Your court clock starts and correctly counts the days from the date the I-589 was filed with USCIS.

Scenario 3.2

You do not appear in the court system and USCIS schedules you for an interview before 150 days have elapsed or while your Form I-765 is pending.

At the interview, USCIS states that it lacks jurisdiction, closes your case, and takes no further action. You are still not in the court system, and your USCIS case is closed.

This is a very unfavorable scenario.

You will need to repeatedly contact USCIS support to force them to take the steps described in Scenario 3.1.

After 150 days, you file Form I-765 as described in Scenario 2.2.

There remains a high risk that the officer will deny your work authorization.

Your only option is to continue contacting USCIS by all available means and insist on compliance with the policy and on crediting the USCIS filing date of Form I-589.

In addition, in this situation it is recommended to actively request that ICE officers place you into the court system.

Scenarios 2.1–3.2 are also possible after the 150 days have already elapsed, while you are waiting for your work authorization.

Scenario 4

ICE officers, seeing that you filed Form I-589 with USCIS, refuse to file your NTA with the court and state that you will have an interview.

Based on 2023 practice, this generally does not occur: USCIS eventually closes such I-589 cases for individuals who entered through Mexico and transfers them to court.

Therefore, continue to persistently request that ICE officers perform their duties, and if they refuse, ask for written confirmation of the refusal to initiate removal proceedings and submit that evidence to USCIS.

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.