TABLE OF CONTENTS

Who May File with USCIS

You may file your affirmative Form I-589 with USCIS if you are not a U.S. citizen, are physically present in the United States, and:

You may not file your Form I-589 with USCIS if you are currently in proceedings with EOIR, unless you are currently, or were previously determined to be, a UAC as defined in 6 U.S.C. § 279(g)(2). You must file your Form I-589 with EOIR if you are in proceedings before an immigration judge or before the Board of Immigration Appeals and you are not and were never determined to be a UAC.

These steps will help you determine whether you are in EOIR proceedings:

  1. Have you been issued an "Alien Number" (A-Number)? The A-Number begins with the letter “A” and is followed by 8 or 9 digits (for example, A123456789). This number is printed on Department of Homeland Security (DHS) and EOIR correspondence and documents, including USCIS, U.S. Customs and Border Protection (CBP), and U.S. Immigration and Customs Enforcement (ICE) documents.
  2. If you have been issued an A-Number, check whether you are in EOIR proceedings by:
  3. If the EOIR hotline or online system has information regarding your name and next hearing date, then your Form I-862, Notice to Appear (NTA), has been filed and docketed with EOIR and you are in EOIR proceedings. If you want to apply for asylum, you must file your Form I-589 with EOIR. To locate where to file your Form I-589 with EOIR:
  4. If you are currently in EOIR proceedings and you were asked to provide your biometric and biographical information to USCIS for your Form I-589 filed with EOIR, please refer to the Instructions for Submitting Certain Applications in Immigration Court and for Providing Biometric and Biographic Information to U. S. Citizenship and Immigration Services (PDF, 279.49 KB) and the Instructions for Form I-589 (PDF, 349.11 KB) at Part 1, Section XII. Where to File, about how to submit this information.

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Important: If you file your Form I-589 anywhere other than the immigration court identified by the EOIR hotline or online system, EOIR will reject your Form I-589 and send you a notice that specifies the address where you should file your Form I-589. If you do not follow these instructions and any additional instructions from DHS or EOIR, your Form I-589 may be rejected or closed or it may take longer to process your Form I-589.

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For more information about applying for asylum while in EOIR proceedings, see the section on Defensive Asylum Processing with EOIR on the Obtaining Asylum in the United States webpage.

Filing with USCIS

If you are eligible to apply for asylum with USCIS as outlined in the section above, you may file your Form I-589 with USCIS online or by mail depending on your situation. The mailing address to file your paper Form I-589 will depend on where you live and whether you are subject to the Special Instructions (see section below).

To determine whether you may file your Form I-589 with USCIS online or by mail, use our Filing Instructions Tool.

Note: You cannot file online and must file your Form I-589 by mail if: