Last updated: 13 October 2025
Who this guide is for
If you’re in removal proceedings and need to file or finish applications such as a defensive asylum application with immigration court, cancellation of removal, or adjustment of status in EOIR, this guide explains exactly how to submit, how to serve DHS/OPLA, and how to satisfy biometrics and biographic requirements so your case can be decided. In December 2024, USCIS updated the official instructions—notably changing steps for asylum applicants—so it’s important to follow the current process, not old blog posts.
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What “instructions for submitting certain applications in immigration court” actually cover
These instructions explain, in plain language, how people in EOIR proceedings must:
- File the original application in court, by the deadline set by the Immigration Judge (IJ).
- Serve DHS/OPLA (the government attorney) properly, often via DHS eService or by mail if eService isn’t available.
- Complete biometrics/biographic checks at a USCIS Application Support Center (ASC) before relief can be granted.
Quick reference: common applications filed or completed in immigration court (examples)
- Defensive Asylum (Form I-589) — filed in court when you are in EOIR proceedings; no filing fee. As of Dec 2024, asylum applicants no longer need to mail a separate “defensive biometrics” packet to USCIS to trigger biometrics; follow the updated biometrics instructions you receive.
- Cancellation of Removal (EOIR-42B / 42A) — requires fees (unless waived), service on DHS/OPLA, and proof you complied with USCIS biometrics instructions (keep your ASC confirmation).
- Adjustment of Status (I-485) in EOIR — permitted in some cases when the IJ has jurisdiction; you must still complete USCIS identity, security and background checks before EOIR can grant relief.
Always check the specific form instructions and your IJ’s scheduling order.
Step-by-step: submitting applications in immigration court (EOIR)
1) Prepare the application packet
- Complete the newest version of the form (e.g., I-589, EOIR-42B).
- Sign the form; unsigned applications are incomplete.
- Follow each form’s photo/copy rules (e.g., required photos, number of copies).
2) File with the court by the IJ’s deadline
- File the original with the Immigration Court (in person at the filing window or as directed). Keep your stamped copy as proof of filing.
3) Serve DHS/OPLA
- If your case/representative uses EOIR’s ECAS and DHS is participating, EOIR may effect electronic service; otherwise you must serve DHS separately via DHS eService or mail to the correct OPLA field office address. Keep proof of service.
4) Complete biometrics & biographic checks
- USCIS runs identity, security and background checks; EOIR cannot grant relief until these are complete. Follow the biometrics appointment notice you receive. Only the USCIS Contact Center can assist with biometrics scheduling issues. Keep your ASC confirmation and bring it to future hearings.
5) Track next steps
- Check EOIR case info by phone (800-898-7180) or the online portal for hearing updates.
Deep-dive: key applications & how to avoid mistakes
Defensive asylum application with immigration court (Form I-589)
- Where to file: In immigration court (defensive filing), not with a USCIS lockbox.
- Fee: No filing fee for I-589.
- Copies & service: File the original with the court, serve DHS/OPLA, and keep a stamped copy for your records.
- Biometrics (updated): As of Dec 16, 2024, USCIS says I-589 applicants do not need to mail a separate “defensive biometrics” packet to USCIS; follow the biometrics instructions you receive and attend your ASC appointment.
Common pitfalls (and fixes)
- Unsigned or incomplete forms → review the latest I-589 Instructions before filing.
- Missing certificate of service → add a signed certificate showing you served DHS.
Cancellation of Removal for Non-Permanent Residents (EOIR-42B)
- Before filing in court, pay required filing and biometrics fees to DHS or obtain a fee waiver if eligible.
- Serve DHS/OPLA with your application and file the original with the Immigration Court.
- Keep and carry your ASC biometrics confirmation to future hearings.
Adjustment of Status (I-485) during EOIR proceedings
- The IJ typically controls filing deadlines and evidentiary schedules.
- USCIS background checks must clear before EOIR can grant your application; monitor for ASC notices and attend promptly.
Biometrics & biographic information: what to expect
- Why it matters: EOIR cannot grant relief until USCIS completes identity, security, and background checks.
- What you’ll receive: A biometrics appointment notice (ASC) with date/time and what to bring (ID, notice, etc.). Follow it exactly.
- Documentation to keep: Your ASC confirmation—bring it to hearings as proof biometrics were taken.
- If there’s a scheduling issue: Contact the USCIS Contact Center (not the local office) for assistance per the updated instructions.
- Special note for I-589: Do not mail a separate defensive biometrics packet under the Dec 2024 update; wait for and attend your ASC appointment.
Serving the government (DHS/OPLA) and e-filing basics
- ECAS users: When all parties participate, the system may complete electronic service; otherwise you must serve DHS separately.
- Separate service: Use DHS eService (register) or mail to the correct OPLA field office address. Check EOIR/ICE resources for the current addresses and rules.
Pro checklist (print this)
- ☐ Use the latest form version and sign it.
- ☐ File the original with EOIR by the IJ’s deadline; keep a stamped copy.
- ☐ Serve DHS/OPLA (eService or mail); attach certificate of service.
- ☐ Attend your ASC appointment; keep the biometrics confirmation.
- ☐ Track case status via 800-898-7180 and court notices.
How we help (and why thousands trust us)
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- End-to-end clarity: If a judge or OPLA requests specific phrasing, we’ll re-issue the certificate at no extra cost.
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FAQs (rich-snippet ready)
Q1. What does “instructions for submitting certain applications in immigration court” mean?
It’s DHS/USCIS guidance describing how respondents in EOIR must file the original application in court, serve DHS/OPLA, and complete biometrics and biographic checks before the IJ can grant relief.
Q2. For a defensive asylum (I-589), do I still mail a separate biometrics packet to USCIS?
No. Under the Dec 16, 2024 update, I-589 applicants do not mail a separate packet to trigger biometrics. Wait for and attend your ASC appointment.
Q3. Is there a filing fee for I-589 when I’m filing in court?
No fee is required for Form I-589. Follow the current USCIS instructions and your IJ’s order.
Q4. What if I miss my ASC biometrics appointment?
Contact the USCIS Contact Center for rescheduling guidance and notify your representative; bring proof of compliance to court. Keep your ASC confirmation once biometrics are taken.
Q5. How do I serve DHS/OPLA?
If ECAS doesn’t handle service automatically, use DHS eService (or mail) to the correct OPLA address and keep proof of service.
