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Keeping your asylum case safeKeeping your asylum case on track

Wang Law Firm, LLC · David Wang, Managing Attorney · Attorney-reviewed · Updated October 2026

Start here: ① After moving, update your address with USCIS within 10 days; if your case is in immigration court, you must also file EOIR-33 within 5 days, and neither one substitutes for the other. ② Attend every hearing; if you do not, you may be ordered removed in absentia. ③ Do not miss USCIS interview and fingerprint appointments: since August 21, 2026, rescheduling requires showing “exceptional circumstances,” and USCIS no longer sends a warning letter first after a missed appointment. ④ If you leave the U.S. without first obtaining advance parole while your asylum case is pending, the application is generally presumed abandoned; returning to your home country on advance parole may likewise be found to be abandonment. ⑤ Go only to a licensed attorney or EOIR-accredited representative; do not let a notario or agent write your declaration.

Asylum cases often take many years. Many cases are lost not on the facts but on procedure: not updating an address after a move, not receiving a hearing notice, missing an interview, taking a trip abroad, or getting help writing materials from the wrong person. This page explains your obligations and risks while you wait, and what to do at each step. For the application process see How to apply for asylum; for fees see Asylum-related fees.

1. Changing your address: USCIS and the immigration court must be handled separately

Where your case is	Whom to notify	Deadline	How
USCIS (affirmative asylum, work permits, etc.)	USCIS	Within 10 days of moving (INA 265)	The change of address function in your USCIS online account, entering the receipt number of each pending case; or a paper AR-11
Immigration court or BIA	The immigration court or BIA hearing your case	Within 5 days (8 CFR 1003.15(d)(2))	EOIR-33, which can be filed online through the EOIR Respondent Access portal, with service on the ICE prosecutors
Under ICE supervision (check-ins, ISAP, etc.)	ICE	As your documents and ICE require	Report as ICE instructs; see the ICE check-in page

The three systems are not connected. If you change your address with USCIS, the immigration court will not know; telling ICE does not notify the court either. If your case is in court and you also have a work permit pending at USCIS, you must update both.
Each family member reports separately. Even if your spouse and children are derivative applicants, each has their own obligation.
Use an address where you reliably receive mail. If you are staying temporarily with someone, you can write “In care of” that person. Do not leave an address where you no longer live.
Annual asylum fee notices are mailed to this address too. The annual asylum fee created by H.R. 1 in 2025 is paid according to a notice; if your address is out of date you may miss the payment deadline. See Asylum-related fees.
Failing to report your address as required may be legally penalized (INA 266(b)); the more practical risk is missing notices.

2. Checking your hearings and case status

Immigration court: Use your 9-digit A-number in the EOIR Automated Case Information system (ACIS) to look up your next hearing date, location and judge, or call the EOIR automated case information hotline at 1-800-898-7180 (voice prompts in English and Spanish). If your A-number has only 8 digits, add a 0 in front. ACIS shows only some information; the official documents mailed by the court control.
USCIS: Use your receipt number on the USCIS website or in your online account; see How to check your USCIS case status.
Check regularly. We recommend checking once a month and again one week before a hearing. Courts frequently reschedule, and notices can get lost in the mail.
Since July 28, 2026, a DHS interim final rule has allowed asylum officers in certain circumstances to refer affirmative applications to immigration court without an interview. After filing your I-589, watch your mail for a Notice to Appear (NTA); if you receive one, look it up in ACIS and contact an attorney as soon as possible.

3. USCIS interviews and fingerprints: stricter rules since 2026 (as of October 2026)

Under the processing rules USCIS has applied since August 21, 2026 (reproduced by both AILA and CLINIC):

A request to reschedule an interview requires showing exceptional circumstances (by reference to INA 240(e)(1));
After a missed interview, USCIS no longer sends a “failure to appear” warning; you must request rescheduling before the interview or within 10 calendar days after missing it. Otherwise, an applicant with lawful status may have the application dismissed, and an applicant without lawful status may be referred to immigration court; parolees may have their parole terminated and be referred;
If you miss a fingerprint (biometrics) appointment, you likewise must request a new appointment within 10 calendar days, with evidence;
Evidence must be submitted at least 14 calendar days before the interview; late submissions may not be accepted;
Delays caused by the applicant may affect the asylum work permit; see Asylum work permits.

The regulation at 8 CFR 208.10 also provides that a notice sent to an address other than the current address you previously gave USCIS can be a reason for a failure to appear. This is exactly why updating your address promptly matters.

4. Attending hearings: the consequences of missing one

Under INA 240(b)(5), if the hearing notice was sent to your last registered address and you do not appear, and DHS establishes that you are removable, the judge may order you removed in absentia. In absentia removal orders are hard to undo: generally you can only file a motion to reopen within 180 days based on exceptional circumstances, or on the ground that you did not receive notice; if you did not receive notice because you failed to update your address, that argument rarely succeeds. If you missed a hearing without exceptional circumstances, under INA 240(b)(7) you are ineligible for many forms of relief for 10 years. See In absentia removal orders and motions to reopen and What to know about immigration court hearings.

Since 2025, there have been many reports of ICE arresting people attending hearings in and around immigration courts, and ICE attorneys have often moved in court to dismiss cases and then applied expedited removal. These practices are being challenged in several federal lawsuits, and the situation is still evolving. The consequences of not appearing are usually more serious; discuss your hearing with an attorney beforehand, and if a motion to dismiss is made, you can ask the judge for time to respond.

5. ICE check-ins and ISAP

People released at the border usually have check-in requirements written in their documents (for example, an I-220A order of release or a G-56 call-in letter). If no time and place are stated, ICE requires you to schedule a check-in online (ICE check-in page).
If you are enrolled in the Intensive Supervision Appearance Program (ISAP), you may need to check in on time using a phone app, accept home visits or wear an electronic device; comply with every condition.
Arrive on time with your ID, all documents ICE has given you, and copies of your hearing notices and I-589 receipt.
You may have an attorney represent you; the attorney must file a G-28 with ICE. Whether an attorney may accompany you into the check-in area varies by ICE office, so you can confirm in advance. Before a check-in, it is best to have an attorney review your records and assess the risks, and to arrange contact information for your family.
If a check-in conflicts with a hearing or needs to be rescheduled, follow ICE’s instructions; do not simply skip it.

For detention and bond rules, see Detention and bond.

6. Moving to another state: does your case follow you?

USCIS affirmative applications: Asylum office jurisdiction is based on your residence. Under the USCIS Affirmative Asylum Procedures Manual, if your new address falls under a different asylum office after you change it, the case is generally transferred there. If your interview has already been scheduled, have an attorney confirm how to handle it before you move.
Immigration court: Cases do not transfer automatically. You must file a motion for change of venue with the original court (8 CFR 1003.20), stating a fixed mailing address, your next hearing date and your reasons, and attach an EOIR-33. Whether to grant it is within the judge’s discretion. Until it is granted, you must still attend all hearings at the original court.

7. The risks of leaving the United States

Leaving without advance parole: Under 8 CFR 208.8(a) (1208.8(a) for immigration court), an asylum applicant who leaves the United States without first obtaining advance parole is presumed to have abandoned the asylum application. Even if you have filed an I-131 that has not yet been approved, you cannot leave.
Returning to your home country on advance parole: Under 208.8(b), this is likewise presumed to be abandonment unless you can show compelling reasons for the return. As of October 2026, the BIA held on October 7, 2026, in Matter of M-R-I-, 30 I&N Dec. 137, that this presumption applies to the entire application, including withholding of removal and protection under the Convention against Torture (CAT). Returning to the country you say will persecute you also raises questions about whether you are truly afraid.
If you have been unlawfully present: In August 2026 the BIA changed the rule on whether leaving on advance parole counts as a “departure”; people who have accrued more than 180 days of unlawful presence in the United States may trigger the 3-year / 10-year bar by leaving. See Re-entry permits and advance parole.
If you are in immigration court proceedings: Leaving will also make you miss hearings; a person with a removal order who departs is generally considered to have been removed (INA 101(g)).
After asylum is granted: To travel abroad you must first apply for a refugee travel document, and returning to your home country may still prompt review of your asylum status. Consult an attorney before you travel.

8. Avoiding scams: who can help you prepare your asylum application

The only people who can give immigration legal advice are attorneys in good standing and accredited representatives of organizations recognized by the Department of Justice. You can verify them on the EOIR lists. “Notarios,” immigration consultants, travel agencies and agents who promise to “get you status” cannot give legal advice.
Anyone who prepares the form for you must sign it. Under 8 CFR 208.3(c)(2), apart from your spouse, parent or child, anyone who helps you complete the I-589 must sign it and provide their address. Refusing to sign is a red flag.
Your signature means you know the contents. The regulations presume that an applicant who signed the application knows its entire contents. Do not sign anything you do not understand; ask for it to be translated to you sentence by sentence.
Do not use someone else’s story or a template, and do not use forged or altered evidence. Under INA 208(d)(6), a person found to have knowingly filed a frivolous application (generally meaning that material elements were deliberately fabricated), after receiving the statutory notice (Form I-589 itself contains the notice), is permanently barred from any benefits under the immigration laws. Forged materials may also constitute fraud and lead to criminal liability.
Do not hand original documents such as your passport or birth certificate to an agent for safekeeping. USCIS forms are free to download; anyone who asks for payment in gift cards or cryptocurrency is almost certainly running a scam.

For how to choose a lawyer, see How to choose an immigration lawyer.

9. Documents to keep

A complete copy of the I-589 you filed (including all evidence, translations and your personal declaration)
USCIS receipt notices, fingerprint and interview notices, and work permit application receipts
Your Notice to Appear (NTA), every hearing notice and the judge’s orders
Documents ICE has given you (I-220A, I-94, check-in records, ISAP materials)
Confirmation pages for every address change, EOIR-33 proof of service and mailing receipts
Payment receipts for the annual asylum fee, work permit fees and other fees
Copies of your passport, ID documents and entry records; keep the originals yourself
The name, phone number and license information of your attorney or accredited representative, and the engagement agreement you signed

Common misconceptions

“I changed my address on the USCIS website, so the court will know too.” It will not; you must file a separate EOIR-33 with the immigration court.
“If I move to another state, my case transfers automatically.” For immigration court cases, the judge must approve a change of venue, and until then you must return to the original court for hearings.
“I have an emergency at home; I’ll make a quick trip and deal with it when I’m back.” Leaving without advance parole generally means your asylum application is presumed abandoned; returning to your home country carries great risk even with advance parole.
“A story written by an agent is more likely to be approved.” Fabricated content may be found to be a frivolous application, the consequences are permanent, and you are the one who signed.

How we can help

Check your case status and hearing schedule at USCIS and in immigration court, and verify the address on file with each;
When you move, handle the USCIS address change and EOIR-33, and file a motion for change of venue if needed;
Before you travel, assess the risks related to advance parole and the presumption of abandonment;
If you have already missed an interview or hearing or received an in absentia removal order, assess remedies and options for reopening;
Represent you in asylum cases in immigration court and, where needed, accompany you to or help you prepare for ICE check-ins.

Frequently asked questions

I only have an asylum case with USCIS and no court case. Do I need to file EOIR-33?

No. EOIR-33 applies only to people with proceedings pending before an immigration court or the BIA. You need to update your address with USCIS within 10 days and link all receipt numbers, such as for your I-589 and work permit. If your case is later referred to court, from that point on you must also report to the court.

How do I know whether I have a court case?

If you have received a Notice to Appear (NTA), you have court proceedings. You can also look up your A-number in ACIS. Not finding anything does not necessarily mean there is no case; it may not have been docketed yet. Have an attorney help you verify.

What should I do if I missed my USCIS interview?

Immediately gather evidence showing exceptional circumstances and request rescheduling within 10 calendar days. Under the rules in effect since August 2026, USCIS no longer sends a warning letter first, and if you are late your application may be dismissed or referred to court.

My parent is critically ill and my asylum case is pending. Can I go back home?

Leaving without advance parole generally means your application is presumed abandoned. Even with advance parole, returning to your home country is presumed to be abandonment unless you can show compelling reasons for the return; a 2026 BIA decision extended this presumption to withholding of removal and CAT. Be sure to have an attorney assess your situation before you travel, and consider other arrangements such as meeting in a third country.

I moved to Chicago but my case is in a New York court. Can my hearings be held in Chicago?

You must first file an EOIR-33 and then file a motion for change of venue with the New York court. Until the judge grants it, you must still appear as the New York court’s notices require.

A “teacher” a friend recommended can write my asylum story for me. Is that OK?

No. Only attorneys and EOIR-accredited representatives can give legal advice, and your declaration must be your own true experience. Fabricated content may permanently bar you from immigration benefits.