USCIS Update to the Nunc Pro Tunc Asylum Filing Procedure

Posted on Apr 06, 2021

In a previous blog post, I wrote about the nunc pro tunc asylum procedure which provides certain asylees with a way to adjust status and get their permanent residence even after they have lost their derivative relationship with the principal asylee (ie. due to Naturalization of the principal, death of the principal, or marriage of derivative dependent, etc.).  This procedure allows derivative dependent asylees to acquire asylum in their own right which then opens up the door of eligibility for adjustment of status.  

On November 2, 2020 USCIS announced a change to way that certain I-589 asylum applications would be processed by requiring all I-589’s that were previously filed directly with a local asylum office to be filed with the Asylum Vetting Center in Atlanta, Georgia which was recently created in order to process asylum applications. According to USCIS, this is an initial first step in the direction of shifting all intake to the Asylum Vetting Center.

Under this new filing rule, I-589 Applications must be filed with the Asylum Vetting Center if there was a “Loss of Derivative Status After Asylum Approval but Before Adjustment of Status.”  This refers and applies to Nunc Pro Tunc Asylum applications.  USCIS advises that all such applicants file their I-589 with: USCIS Asylum Vetting Center P.O. Box 57100 Atlanta, GA 30308-0506. Applicants who are sending their I-589 by FedEx UPS or DHL should send it to: DHS-USCIS Asylum Vetting Center. W. Peachtree St. NW, Suite 1000, Atlanta, GA 30308.

NOTE that this new procedure does not apply to applicants who are in proceedings and seeking asylum before a U.S. Immigration Judge (defensive applications). Instead, this procedure only applies to individuals who are filing affirmative I-589 asylum applications with the USCIS Asylum Office. Applicants are also instructed to include information about the previous I-589 that was filed, along with any relevant documentation, and a letter explaining that they are requesting nunc pro tunc consideration and why they are filing independently as a principal applicant.

If you have questions about whether you qualify to file a Nunc Pro Tunc I-589 Asylum Application, contact U.S. Immigration Lawyer Sean D. Hummel to schedule a consultation.

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