All possible steps on what to do if you are not in the court system:
First, so you do not waste time, do not lose your right to asylum, and get a 5-year work permit as early as possible - you can file Form I-589 with USCIS.
You can file with USCIS only if you are not in the court system.
1. Step one - ICE officers.
Remember that ICE officers are responsible for you appearing in court. They are the ones who issue you Form I-862 Notice to Appear (NTA) at the border and they are the ones responsible for ensuring the NTA is sent to the court.
An NTA is a court notice. But you appear in the court system only when ICE sends this notice to the court, meaning they start official removal proceedings against you.
Therefore, your first and main step is to contact ICE officers and ask them to add you to the court system. You can contact them in two ways:
Sometimes an in-person visit to the officers works. But if you cannot get an appointment or they refuse verbally to add you to the system - make sure to contact them in writing by email.
The request is sent in free form, there is no single template or standard. Your main task is to get a written (email) response from ICE officers so you can act further. If they refuse to file your NTA with the court and say that you are now under USCIS jurisdiction - you need written confirmation of that.
You can find ICE field office email addresses here:
www.ice.gov/contact/field-offices?state=All&office=16&keyword=
2. Step two - the court administrator.
Another chance is to write to the court administrator (if you were issued an NTA at the border).
See court administrator contacts via the link in the Staff Directory field:
www.justice.gov/eoir/immigration-court-operational-status
3. Step three - Asylum office
If you filed Form I-589 with USCIS and if you were issued an NTA - you can contact the Asylum office and ask them to issue you a new NTA and transfer your form to court. Be sure to attach a screenshot of the USCIS and EOIR interaction guidance:
www.uscis.gov/humanitarian/refugees-and-asylum/asylum/what-happens-after-you-file-form-i-589-with-uscis
If you were not issued an NTA at all, or you already have written confirmation from ICE officers that they refused to start removal proceedings - you can ask the Asylum office for confirmation that they will review your case and will not close it due to lack of jurisdiction. In that case, at least you will know what to expect (an interview).
Otherwise, as practice shows, despite what ICE officers say, USCIS sooner or later simply closes your case due to lack of jurisdiction and says that you must go through court.
Asylum office addresses and contacts - i-guide.info/category/1193-uscis-asylum-office?
4. Step four - complaints to the Ombudsman and to your Congressman.
If the previous steps do not help, officers do not respond to you, USCIS also does not act according to the guidance, or you cannot get any response - you can start complaining to higher authorities.
Ombudsman complaint:
www.dhs.gov/topic/cis-ombudsman/forms/7001#no-back
Find your Congressman’s contacts:
www.house.gov/
5. Step five - Mandamus - that is, filing a lawsuit against USCIS. It is used in extreme cases when waiting has already stretched for years. Not all attorneys recommend this step and not all handle this process, but if you are desperate - it is an option. To file correctly, it is better to contact an attorney.
6. The last in order, but not in effectiveness step - moving to another state.
If ICE officers in your state refuse to add you to the system or talk to you - it does not mean all officers will act the same. Sometimes, after moving and coming to officers at your new place of residence, they do the work of their colleagues and add you to the system or issue a new NTA. Since everything is individual, I cannot recommend any specific state to move to.
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 attorney.
