USCIS Update to the Nunc Pro Tunc Asylum Filing Procedure

Updated September 2026

In a previous article about nunc pro tunc asylum procedures, I discussed how the nunc pro tunc asylum process may provide certain derivative asylees with a way to obtain asylum in their own right after they have lost the qualifying relationship with the principal asylee.

This issue can arise, for example, when the principal asylee naturalizes, dies, or when a derivative child marries or otherwise loses the relationship that originally allowed him or her to obtain derivative asylum status. In appropriate cases, USCIS permits the former derivative to file a new Form I-589 and request asylum nunc pro tunc, essentially allowing that person to become a principal asylee in his or her own right. This can then restore a path toward adjustment of status and lawful permanent residence.

USCIS Has Changed Where Nunc Pro Tunc Applications Are Filed

The filing procedure for these cases has changed several times over the years. Beginning in November 2020, USCIS required nunc pro tunc Form I-589 applications to be filed with the Asylum Vetting Center in Atlanta, Georgia. That address is no longer current.

Under the current USCIS filing instructions, nunc pro tunc asylum applications based upon the loss of derivative status after asylum approval but before adjustment of status must instead be filed by mail with the USCIS Asylum Intake Unit. USCIS currently instructs applicants to mail these applications to:

USCIS
Attn: I-589
3 Intake Way
Minneapolis, MN 55438-1455

Importantly, USCIS uses this same address for U.S. Postal Service (USPS), FedEx, UPS, and DHL deliveries.

A Nunc Pro Tunc I-589 Requires Special Handling

A nunc pro tunc Form I-589 should not simply be filed in the same manner as an ordinary affirmative asylum application. USCIS specifically identifies these cases as applications requiring special handling through the USCIS Asylum Intake Unit. USCIS also instructs applicants to include a letter explaining why the Form I-589 is being filed with the Asylum Intake Unit and identifying the special filing category that applies.

For a nunc pro tunc application, the letter should provide information concerning the applicant’s previous Form I-589 and explain that the applicant was previously granted derivative asylum status but is now filing independently as a principal applicant because the qualifying derivative relationship has been lost. These applications cannot be filed online and should not be sent to the regular Form I-589 lockbox address.

This Procedure Does Not Apply to Everyone Filing for Asylum

It is important to distinguish nunc pro tunc asylum applications from ordinary affirmative asylum applications and defensive asylum applications filed in Immigration Court. The special USCIS Asylum Intake Unit procedure discussed here applies to the particular category USCIS describes as “Loss of Derivative Status After Asylum Approval but Before Adjustment of Status (Nunc Pro Tunc).”

Individuals who are presently in removal proceedings generally must file an asylum application with the Immigration Court rather than USCIS, unless a specific exception applies. Likewise, other types of affirmative asylum applications may have different filing procedures and addresses. Because USCIS filing procedures and addresses can change, applicants should always review the current [USCIS Form I-589 filing instructions] before mailing an application.

Why Nunc Pro Tunc Asylum Can Be Important

The loss of derivative status does not necessarily mean that an asylee has lost every opportunity to obtain permanent residence. In the appropriate circumstances, a nunc pro tunc asylum application can allow a person who originally received asylum only as the spouse or child of a principal asylee to obtain asylum independently. Once that issue is resolved, the applicant may again be able to move forward with an application for adjustment of status. These cases can be procedurally unusual, however, and the applicant’s prior asylum history, current immigration status, reason for losing derivative status, and eligibility for asylum should all be carefully reviewed before filing.

Questions About Nunc Pro Tunc Asylum?

If you have lost derivative asylum status and are unable to adjust status to permanent residence, a nunc pro tunc asylum application may provide a possible solution. Contact U.S. Immigration Attorney Sean D. Hummel to schedule a consultation to discuss whether nunc pro tunc asylum may be available in your particular circumstances.

Disclaimer

This article is provided for general informational purposes only and does not constitute legal advice. Immigration laws, USCIS policies, filing procedures, and mailing addresses can change. You should review the current USCIS requirements and obtain legal advice concerning your individual circumstances before filing an immigration application.