District Court for the District of Maryland in the case of J.O.P. 2, 2019, USCIS rescinded the May 31, 2019, memorandum, “Updated Procedures for Asylum Applications Filed by Unaccompanied Alien Children,” when the U.S.
For more information regarding the class definitions and the terms of the settlement agreement, please see the final settlement agreement. You may raise this claim in a new asylum filing, in a pending filing, or through a motion before the immigration court or the Board of Immigration Appeals, whichever applies.
If you believe you are a member of the Mendez Rojas class, you will have until April 22, 2022, to raise a claim that the one-year deadline to file a Form I-589 does not apply to you under the terms of the final settlement agreement. We also provide information on What Happens After You File Form I-589 With USCIS. We have revised the instructions under the “Where to File” section on our Form I-589 webpage. Under the UPM, we will send your Form I-589 to EOIR if you previously received a Form I-862, Notice to Appear (NTA), that was not filed and docketed with EOIR or that was filed and docketed with EOIR either shortly before (within 21 days) or after you filed your Form I-589 with us. 4, 2020), USCIS and the Executive Office for Immigration Review (EOIR) have implemented a Uniform Procedural Mechanism (UPM) for the filing and processing of Form I-589, Application for Asylum and for Withholding of Removal. USCIS no longer requires the biometric services fee and submitting it may cause us to reject your application for overpayment.įor more information on how the order affects (c)(8) EAD applicants, the application process, and USCIS processes, please see the Asylumworks webpage.įollowing the settlement agreement in Mendez Rojas et al. 8, 2022, or received on or after that date.Īs a result of the Asylumworks order, applicants filing for employment authorization in the (c)(8) category should not submit the $85 biometric services fee with their Form I-765.
(See 8 CFR §§ 208 and 274a.) This applies to adjudications of Form I-765, Application for Employment Authorization, and Form I-589, Application for Asylum and for Withholding of Removal, pending with USCIS as of Feb. Instead, USCIS is applying the provisions in place before the above rules took effect in August of 2020. District Court for the District of Columbia vacated these rules. On February 7, 2022, USCIS stopped applying the June 22, 2020, final rule, Removal of 30-Day Processing Provision for Asylum Applicant-Related Form I-765 Employment Authorization Applications, and the June 26, 2020, final rule, Asylum Application, Interview, and Employment Authorization for Applicants, to asylum applicants.
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