Home Immigration Blog I-589s previously filed with local asylum office must be filed with Asylum Vetting Center

I-589s previously filed with local asylum office must be filed with Asylum Vetting Center

Beginning on November 2, 2020 [link], the United States Citizenship and Immigration Services (USCIS) requires asylum applicants who previously filed an affirmative asylum application directly with a local asylum office to file their applications with the Asylum Vetting Center in Atlanta, Georgia. We previously discussed this policy [see article] in the context of categories of affirmative asylum applications that cannot be filed online. The USCIS provides the following guidance [link] for applicants who previously filed a Form I-589 with the local asylum office:

When you file your Form I-589, you must include a letter explaining why you are filing with the Asylum Vetting Center and identifying which category … applies to your Form I-589.

The six categories of asylum applicants who must file by maile with the Asylum Vetting Center are as follows (quoted from the Form I-589 instructions):

Loss of Derivative Status After Asylum Approval but Before Adjustment of Status (Nunc Pro Tunc): If you are currently a derivative asylee, but you are unable to adjust status to lawful permanent resident due to a loss of derivative relationship, then you may submit a new Form I-589 and request a grant of asylum nunc pro tunc. In your letter, please provide information about your previous Form I-589 and explain that you are now filing independently as a principal applicant.
Loss of Derivative Status After Initial Filing but Before Final Decision: If you withdrew from a principal’s Form I-589 as a dependent, or if you lost derivative status by marriage, divorce, or death of the principal applicant, then you may submit a Form I-589 as a principal applicant. In your letter, please provide information about your previous Form I-589 and explain that you are now filing independently as a principal applicant.
Simultaneous Filing as a Principal Applicant and a Derivative Applicant: If you are already listed as a derivative applicant on another pending Form I-589, you may file a Form I-589 as a principal applicant. Also, you and your spouse may file separate Forms I-589 at the same time as principal applicants and list each other as derivative applicants. In your letter, please provide information about any previous Form I-589s and explain that you are now filing independently as a principal applicant.
Previously Issued a Final Action by USCIS on a Form I-589: You may be eligible to file a new Form I-589 with USCIS if we previously denied your Form I-589 or sent you a notice dismissing your Form I-589 with USCIS, or if you previously withdrew your Form I-589 with USCIS and we did not place you in immigration court proceedings.
Previously in Immigration Court Proceedings: If you have reason to believe we have jurisdiction over your Form I-589 and you were previously in immigration court proceedings, then you may submit a Form I-589.

Before filing any form with the USCIS, petitioners and applicants should consult the USCIS website for the most up-to-date filing instructions due to the fact that the Service does on occasion update its guidance. As a general matter, we strongly recommend that persons who have reason to believe that they may be eligible for asylum or some other form of relief or protection consult with an experienced immigration attorney expeditiously. In the case that the individual goes forward with an asylum application, an attorney will be able to offer case-specific guidance including for clerical matters such as where and how to properly file the application.

Also you can read

List of USCIS Asylum Offices

This article provides information about the USCIS Asylum Offices, including the New York Asylum Office, New Jersey Asylum Office, Arlington Asylum Office, and more.

Evaluating Family-Based Particular Social Group Claims for Asylum

A new BIA decision discusses what constitutes a family-based particular social group for asylum and when family membership is one central reason for feared persecution.

Revised Guidance for Asylum Claims Based on Sexual Orientation

The BIA clarified that an alien with a particular social group asylum claim based on homosexual orientation does not need to show he/she could not hide sexual orientation.

Reasonableness of Failure to Report Persecutory Harm for Minors

The BIA provided guidance on cases where an asylum or withholding of removal applicant failed to report harm as a minor.

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