This Practice Advisory is an update on the FAQs NIPNLG released in October 2023. Following advocacy by NIPNLG with USCIS concerning some unclear language in its Guidance, USCIS updated its instructions on February 12, 2024. This updated Practice Advisory incorporates and analyzes the revised instructions.
As background, in May 2022, the Department of Homeland Security began implementing prosecutorial discretion in removal proceedings, primarily by moving to dismiss them. Dismissing or terminating proceedings for noncitizens wishing to pursue asylum left asylum seekers with numerous questions. NIPNLG and partners advocated for months for answers to basic questions about the effect of refiling for asylum with USCIS, and USCIS has at last provided Guidance on many of these issues. This FAQ explains the Guidance and offers practice pointers to practitioners representing asylum seekers whose cases have been dismissed or terminated, or who are considering accepting dismissal of removal proceedings.