Los Angeles, CA asked in Immigration Law for California

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.

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2 Lawyer Answers
Kevin L Dixler
Kevin L Dixler
Answered
  • Immigration Law Lawyer
  • Libertyville, IL

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.

James L. Arrasmith
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Answered
  • Immigration Law Lawyer
  • Sacramento, CA
  • Licensed in California

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.

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