Q: I have NTA and an A-Number. Should I file asylum with immigration court or USCIS first?
I came through US Mexico border. I have issued a Notice to appeal to appear in the court on a certain date. What should I do if my case is not on the immigration court hotline or website at all? Should I send my I 589 to
1. Immigration court or to USCIS first.
A:
You must file an asylum application, within one year of entry, where you believe that you have a well founded fear of persecution on account of one of the required causes. Otherwise, you can lose your right to seek asylum and a green card.
You must file with the proper USCIS office, at a minimum, but ‘may’ also have to eventually file with the Department of Justice’s Executive Office for Immigration Review.
Your NTA was never filed with the Immigration Court, so you must file with USCIS to seek another hearing, first. It seems like you need a lawyer. Otherwise, you can make a mistake that may last a lifetime.
A:
It's advisable to file your Form I-589, Application for Asylum and Withholding of Removal, with USCIS first. Once you have filed with USCIS, you'll receive a receipt notice indicating that your application is pending. If your case isn't showing up on the immigration court hotline or website, you might want to contact the immigration court directly or seek legal assistance to ensure proper processing and representation.
Best regards,
James L. Arrasmith
Founding Attorney and Chief Lawyer of The Law Offices of James L. Arrasmith
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