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I-589 Asylum Applications Can Now be Filed at Window or By Mail

2016 DOJ Memo on Filing Asylum Effective immediately

Effective immediately I-589 Asylum/Withholding applications are to be accepted at the window or by mail.

It is no longer required that they be filed in open court.

When the application is filed at the window the court clerk will provide 180 EAD Asylum clock notice. If filed by mail, include a self-addressed stamped envelope for the notice to be sent by mail.

The court cannot reject the filing of an I-589 unless it:

  • has no name

  • has no A#

  • it is being filed at the incorrect court (or if BIA has jurisdiction)

  • lacking affidavit of service

  • evidence lacks translations or certificate of translations

If there is no case pending before the court then the asylum application should clearly state it is being submitted for the purposes of lodging and the court staff must accept it for processing.

An application for asylum filed at the window or by mail will be considered filed on the date of receipt of the purposes of the one year filing deadline.

The Asylum clock begins running at the time the application is filed at the window or by mail and continues to run regardless of whether a "clock-stopping" code was previously entered.


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