It’s been more than a year now that we’ve been able to file the Application for Asylum, form I-589, online, and I think the verdict is in: The online system stinks. So much so, that I have decided to stop filing my cases online and return to sending the paper forms by mail. Among attorneys I know, I am not alone.
Let’s start with the form itself. The online I-589 can be completed by the applicant or her attorney. I think if you are filing without a lawyer, the online form is not too bad, assuming you are computer literate and have access to a decent scanner.
To complete the form, you enter your biographic information and an explanation about why you need asylum. Each piece of data (first name, middle name, last name, street address, zip code, etc.) must be entered into a separate box, which is awkward and time consuming. You then upload documents and evidence.
Once you are done, you have to review the form before you submit it. This is more difficult than it sounds, as the information does not appear in a user-friendly format. Instead, it is spread over one large document that you must scroll through to see, and the personal data is difficult to distinguish from the text of the form. All in all, the process is tedious, but if you only have to do it once, it is bearable.
Things become more tricky if you use an attorney. In that case, the attorney completes the form and sends it to the client for review. The interface between the lawyer and the client is not very convenient, and so, for example, if I fill the form and send it to my client, I lose access to the form until the client either approves it or un-approves it. Also, it is not so easy for the client to review the application because of the way it is formatted.
To make it easier, our office has been completing the old-school I-589 with our clients, and once that is done, we enter the data into the online system. This is more work, since we are completing both the online and paper forms, but it saves time overall, as the old form is much more user friendly.
Awkward mechanics aside, the real problem with the online I-589 is that it does not always work. Once the data is entered and the form is approved by the client and our office, we receive an automatic notice that the case was successfully submitted. But beware! Success does not always mean success. In many cases, after a few moments, a message appears indicating that the form cannot be filed online and that it must be sent by mail.
USCIS offers no explanation about why a particular applicant’s form cannot be filed online, and I cannot see any difference between a case that is accepted and one that is rejected. That’s a problem, as we are forced to waste time entering data for people whose cases will ultimately be rejected. If this only happened once in a blue moon, or if the system informed us that we had to file by mail before we spent time completing the online form, it might not be a big deal. But that is not how it works. We only learn whether the system will accept the form after we do all the work. Also, rejections are common. I would guess that about 50% of applications get rejected by the online system.
If the application is rejected, you cannot return to the fillable form (though you can still access a non-fillable PDF of the form, so at least you have a record of the information you entered). When the form is rejected, USCIS issues an Alien number and a receipt number (though there is no actual receipt). Why the agency gives the asylum seeker an Alien number and a receipt number when the application is rejected, I do not know. But after the rejection, when we file by mail, we include the Alien number on the paper I-589, and in the cover letter, we explain that our online filing was rejected and we list the Alien and receipt numbers.
One question that I cannot answer is whether filing online and getting rejected protects the applicant from the one-year filing deadline (asylum applicants must show that they filed the I-589 within one year of arriving in the United States or that they meet an exception to that rule; otherwise, asylum may be denied as untimely). For a paper application, where the form is mailed within one year, but rejected and re-sent after the one year deadline, the application is considered timely as long as it was re-sent within a “reasonable” period of time after the rejection. See 8 C.F.R. § 208.4(a)(5)(v). I would imagine that the same principle should apply to rejected online applications, and so if this is an issue for you, it is best to mail the paper application as soon as possible.
When it works, the online system is probably better than the paper system. You don’t have to worry about the application being lost in the mail. You get a receipt and biometric notice very quickly, and you can submit additional evidence online. Unfortunately, all the random rejections make online filing unpredictable, unreliable, and a huge waste of time. I hope USCIS will resolve these issues in 2024 so I can return to filing online. Until then, please pass me my inkwell and quill pen, as I have some forms to complete…
At this point you may already know this, but your 589s are almost certainly being rejected because the Client already has a notice to appear, so they have to file on paper. This is because USCIS wants to just send the entire filing to EOIR / Court.
Some I-589 forms are rejected for that reason. However, in the article above, that was not the reason. It was due to a problem with the online form, which may or may not be corrected. I have been mostly filing by paper since I wrote the article, but one client wanted to try online, and that application was accepted. My other applications that were rejected online have been filed by paper and accepted. Take care, Jason
Hello Jason.
Thank you for your help. I had filed my i-589 online end of October last year and it was recieved by the uscis, I received my A number and biometrics appointment which I did the following month. But, today I received a notification that my case application was not accepted online, Does that impact my 180 days clock? and do I have to file an entirely new form i-589 by mail?
I will highly appreciate your feedback.
Strange – one of my clients just received a similar email, but we already knew he could not file online, since we received the rejection notice immediately after we filed online. If the case really is rejected, it might stop the Asylum Clock and you would need to re-file by mail. If you do that, you could include the receipt and biometric notice and hopefully, the clock would just continue. I recommend you screen shot what you have and email it to the local asylum office. You can ask them what is the status of your case and hopefully, they will respond (it sometimes takes them a few days or weeks to respond, so if there is no response in a few days, maybe email again). You can find their email if you follow the link under Resources called Asylum Office Locator. If you do get an answer, please let us know, as that would help others. Thank you, Jason
Good Day Jason
So I applied for my i589 online and upon submitting my application I was told that it was not accepted and that I had to apply via mail, which I did. Now a few days ago I checked my USCIS account and found that my initial application that I made online went through and I was even assigned an A number and I have a biometrics appointment. Will the mail application that I sent affect anything or will they just go with the fact that I have already been given an A number?
Strange. I was actually in touch with some people at USCIS about this and they said they are working on the problem, so maybe things are improving. Since they rarely share news with the public, we do not know. Anyway, I would not worry too much – if the online case is going and they create a new case based on the paper filing, you can contact the local asylum office, inform them about the second (paper) case, and see whether they want you to withdraw that case. I wrote about withdrawing on December 7, 2022, but I would not actually withdraw until there is some news from the asylum office about how best to proceed. Take care, Jason
Hi Jason
Thank you for all your help , I had my interview in Arlington office they said they will mail the decision do you know how long take to got it .
There is no way to know. Sometimes, it takes days; other times, it takes years. You can contact them to inquire – you can find their email if you follow the link under Resources called Asylum Office Locator. Take care, Jason
So sad to see all the people here seem to be on their way to their American dream…asylees, 1-485 approval, I-730 and naturalization…
meanwhile some are poised to be placed in removal proceedings…and may be detained by ICE…just how different two noncitizens’ lives could be…
Wish somebody could suggest some ideas so that my envy and sad won’t overwhelm me…thanks…
I did a post that is relevant to this – on January 9, 2018. Maybe that would give you some ideas. Take care, Jason
Hi Jason,
Happy New year!
Thanks for helping the asylum community all the time.
I need your usual advise, please.
I had my asylum interview some months before.
Today I received another interview notice, which really confuses me. Is being called for a second interview common? If so, what do you think could be the reasons (from your experience)?
I do appreciate your help.
Thanks a lot,
It is not that uncommon, and I have a feeling the main reason is that they failed to complete the case and have to gather more info. There could be other reasons (maybe the supervisor has more questions, or the security check revealed something they want to ask about). If possible, review what happened last time, and keep in mind that they have written notes, so they know what you said at the prior interview. Otherwise, just prepare for this interview as you prepared for the first interview. Take care, Jason
I had two interviews. Second interview was conducted by senior officer and she asked me much more questions. She said that first interview was insufficient
That is a pretty common story. Take care, Jason