My immigration court case was “dismissed.” What will happen now?
Last updated on April 6, 2023
In the last year, the U.S. government decided to “dismiss” thousands of immigration court cases for immigrants across the country. Many asylum seekers received phone calls or learned at an immigration court hearing that the government wanted to dismiss (or close) their cases. Most of the dismissed cases belonged to people who had arrived in the United States before November 2020.
For many asylum seekers in immigration court, it could be good news that your case was dismissed. It means that the government is no longer trying to deport you and they are ending your case in immigration court.
If you applied for asylum in immigration court and your case was dismissed, your asylum case has also ended, without a final decision. But if you want to continue seeking asylum, you can still apply with U.S. Citizenship and Immigration Services (USCIS).
If your immigration court case was dismissed, keep reading this post for more information! However, this post is not relevant to all asylum seekers. If you are already applying for asylum with USCIS or you still have an active immigration court case, this post is not applicable to you.
What will happen to my work permit?
The answer depends on the status of your work permit when your immigration court case was dismissed. The information below applies to people whose work permits are based on seeking asylum.
- If your work permit is still valid, you can continue to use your work permit until the expiration date, even after your immigration court case is dismissed.
- However, unfortunately, you will not be able to renew your work permit after your immigration court case is dismissed. You should be able to apply for a work permit again if you submit another asylum application to USCIS. Read more below! If your immigration case has not been dismissed yet, you can still submit a renewal work permit application.
- If your work permit has expired, you can still use your work permit only if you already submitted a renewal work permit application before your immigration court case was dismissed.
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- If you applied to renew your work permit before your immigration court case was dismissed and before your work permit expired, you can still use your work permit for 540 days after the expiration date.
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- If you DID NOT apply to renew your work permit before your immigration court case was dismissed, you will not be able to renew your work permit. You should be able to apply for a work permit again if you submit another asylum application to USCIS. Read more below.
What will happen to my asylum case?
If you applied for asylum in immigration court and your case was dismissed, your asylum case has also ended, without a final decision. Your next steps depend on whether or not you want to continue seeking asylum or not.
- If you do NOT want to continue seeking asylum, you do not need to take any action. It may still be a good idea for you to speak with an attorney to determine if you qualify for other immigration status.
- If you DO want to continue seeking asylum, you should submit a new asylum application to USCIS as soon as possible! You must send a new asylum application to USCIS, even if you already submitted one to the immigration court. This will begin the process of seeking asylum with USCIS instead of immigration court.
- If you are unsure about whether to continue seeking asylum with USCIS, you can read this post for more information or talk to an attorney about your options. Find legal assistance here.
When should I submit my asylum application if I decide to seek asylum with USCIS?
If you decide to seek asylum with USCIS after your immigration court case is dismissed, you should submit your asylum application as soon as possible!
- If you already submitted your asylum application to immigration court, you should submit your new application to USCIS as soon as you can. If you wait too long, USCIS may say that your application is late. Unfortunately, we do not know what USCIS would consider to be too late, so it is best to submit your application as soon as possible.
- If you did not already submit an asylum application before your immigration court case was dismissed, you should submit your application to USCIS within one year of arriving in the United States.
How do I submit my asylum application if I decide to seek asylum with USCIS?
If you decide to seek asylum with USCIS after your immigration court case is dismissed, you should submit an asylum application (Form I-589) to USCIS.
- Follow these general instructions.
- Include a letter explaining that you had an immigration court case and that it was dismissed.
- Send your application to one of the special mailing addresses below.
If you are sending your application by the United States Postal Service (USPS):
USCIS Asylum Vetting Center
P.O. Box 57100
Atlanta, GA 30308-0506
If sending by FedEx, UPS or DHL:
DHS-USCIS Asylum Vetting Center
401 W. Peachtree St. NW, Suite 1000
Atlanta, GA 30308
Learn more about the process of seeking asylum with USCIS here.
Can I apply for a new work permit if I submit a new asylum application to USCIS?
Yes. You should be able to apply for a work permit again if you decide to submit a new asylum application to USCIS. However, USCIS has not published clear instructions about how to do this. ASAP has told USCIS that this is a problem, and we will update this page with more information if we learn more.
Here is the best information we have right now.
For all asylum seekers: after you submit your new asylum application to USCIS, you can wait 150 days and then submit a new initial work permit application to USCIS. You should be able to submit a new initial work permit application with no filing fee, even if you previously had a work permit before your case was dismissed.
For asylum seekers whose current work permit has not expired: you could also decide to apply for a work permit renewal immediately after you submit your new asylum application to USCIS. The renewal application costs $410, or you can try to request a fee waiver.
If you apply for a renewal before your current work permit expires, you should receive a receipt notice from USCIS that includes a 540-day auto-extension of your work permit. You should receive this receipt notice within about 30 days after you apply for the renewal. This receipt notice would allow you to continue using your current work permit while you wait for a decision on your renewal work permit application, which can take many months.
However, once you do get a decision, your renewal work permit application could be denied. So if you decide to apply for a work permit renewal immediately, ASAP recommends also submitting a new initial work permit application after waiting 150 days.
If you have questions, you can email us at [email protected].
Note: This information is not a substitute for advice from an attorney.