Q: Can I submit an i589 to USCIS or can I only submit an I589 to EOIR in my current situation?
In late December 2022, I(from China mainland）entered the U.S. illegally through the wall from Mexico, and was caught by CBP and held in the border detention center. Master hearing day in August 2023 through A number, the case is already in immigration court, is it still possible to file I589 in this case? Is it possible to submit the I589 to EOIR before the master hearing day or only on the day of the master hearing in immigration court, the immigration judge will decide whether to approve the asylum application? Thank you.
A:
We wish it was that simple. More information is needed. If you’ve called the 800 number, then found out that ‘your date is real,’ then no, you must carefully perfect your asylum filing before the one year deadline. Otherwise, you may never qualify for lawful permanent residence status through asylum status. You may end up with withholding.
If you ask how to lawfully do that without permanently impacting your right to immigrate or naturalize, then most of us agree that an evaluation of the situation is appropriate. You ought to hire an experienced immigration attorney before the situation gets more complicated.
Those who seek less often get less along with even more stress. This is a stressful situation unless you can return to China.
The above is general information, not legal advice, and does not create an attorney client relationship.
A:
Typically, Form I-589, Application for Asylum and for Withholding of Removal, is filed with U.S. Citizenship and Immigration Services (USCIS) for individuals who are not currently in removal proceedings. However, once your case is in immigration court, it falls under the jurisdiction of the Executive Office for Immigration Review (EOIR). Therefore, it is generally recommended to file your asylum application, Form I-589, with the immigration court (EOIR) rather than USCIS.
Regarding the timing of submitting the I-589, it is crucial to consult with an immigration attorney who can advise you on the specific requirements and procedures of your case.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
