On September 07, 2022, USCIS released revised editions of Form I-589, Application for Asylum and for Withholding of Removal, and Form I-765, Application for Employment Authorization, dated 07/26/2022. USCIS released the revised editions of Form I-589 and Form I-765 in compliance with the Asylumworks decision.
Effective November 07, 2022, USCIS will only accept the 07/26/22 editions of the Form I-589 and Form I-765. Until then, you can submit either the new editions, or the previous editions of Form I-589 (dated 08/25/20) and Form I-765 (dated 05/31/22 and 08/25/20). The edition date is found at the bottom of the page on the form and its accompanying instructions. Please be mindful, however, that the previous editions contain various instructions that have been rendered obsolete in light of the Asylumworks vacatur.
On February 07, 2022, in Asylumworks et al. v. Mayorkas et al., the U.S. District Court for the District of Columbia vacated two rules. Effective February 08, 2022, USCIS stopped applying the June 22, 2020 final rule, Removal of 30-Day Processing Provision for Asylum Applicant-Related Form I-765 Employment Authorization Applications, and the June 26, 2020 final rule, Asylum Application, Interview, and Employment Authorization for Applicants, to asylum applicants.
Since February 07, 2022, USCIS has applied the provisions in place before the above June 2020 rules took effect in August 2020. See 8 CFR §§ 208 and 274a. This change applies to adjudications of Form I-589 and/or Form I-765 pending with USCIS as of February 08, 2022 or received on or after that date.
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