How do I know whether to file Form I-589 with USCIS or immigration court?
Last reviewed: August 24, 2026
General information only. This page explains how to verify the correct system; it does not determine jurisdiction for an individual case.
The filing destination depends principally on which agency has jurisdiction over the asylum application. USCIS publishes the current Form I-589 filing instructions, while EOIR handles applications in removal proceedings after an NTA has been filed with and accepted by EOIR.
Do not choose a destination merely because you possess an NTA. EOIR's current Respondent Access guidance ties EOIR Form I-589 filing to DHS filing the NTA with EOIR and EOIR accepting it. If procedural posture is unclear, check official EOIR case information and current USCIS instructions, and seek qualified legal help.
Keep screenshots or PDFs of the official instructions you relied on, dated notes of agency contact, and proof of whichever filing is ultimately made. Procedures can change, so old filing checklists can become unreliable.
Official sources
- USCIS — Form I-589: https://www.uscis.gov/i-589
- DOJ EOIR — Case Information: https://www.justice.gov/eoir/eoir-case-information
- DOJ EOIR — Respondent Access FAQ: https://www.justice.gov/eoir/respondent-access-portal-frequently-asked-questions
Recheck these sources immediately before filing.