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USCIS I-589 Form

The USCIS I-589 form is an essential document for those seeking asylum or withholding of removal in the United States. It serves as the first step for individuals fleeing persecution or violence in their home countries to apply for protection under U.S. laws. If you or someone you know needs to navigate this critical process, click the button below to begin filling out the form.

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Table of Contents

The quest for asylum or withholding of removal in the United States is a process fraught with complexity and emotional intensity. At the heart of this journey is the USCIS I-589 form, a pivotal document that serves as the first step for individuals seeking refuge from persecution or fear of persecution on the grounds of race, religion, nationality, membership in a particular social group, or political opinion. Completing this form accurately is crucial, as it requires detailed information about the applicant's reasons for seeking protection, their background, and their experiences of persecution or fear thereof. The form not only delineates the legal pathway for those in dire need of safety but also underscores the United States' commitment to human rights and protection of vulnerable populations. The process of applying for asylum or withholding of removal through the I-589 involves navigating through stringent guidelines, providing comprehensive evidence, and often, enduring lengthy waiting periods for interview scheduling and decision-making. Understanding the subtleties and significance of every question and section within this form is essential for applicants, as any discrepancies or inaccuracies can significantly impact the outcome of their cases. As such, it represents both hope and a hurdle for countless individuals looking towards the United States as a beacon of safety and freedom.

Sample - USCIS I-589 Form

Department of Homeland Security

U.S. Citizenship and Immigration Services

U.S. Department of Justice

Executive Office for Immigration Review

I-589, Application for Asylum and for Withholding of Removal

START HERE - Type or print in black ink. See the instructions for information about eligibility and how to complete and file this application. There is no filing fee for this application.

NOTE:

Check this box if you also want to apply for withholding of removal under the Convention Against Torture.

Part A.I. Information About You

1.	Alien Registration Number(s) (A-Number) (if any)	2. U.S. Social Security Number (if any) 3. USCIS Online Account Number (if any)
4.	Complete Last Name	5. First Name	6. Middle Name

7.What other names have you used (include maiden name and aliases)?

8.Residence in the U.S. (where you physically reside)

Street Number and Name			Apt. Number

City	State	Zip Code				Telephone Number
						(	)

(NOTE: You must be residing in the United States to submit this form.)
9. Mailing Address in the U.S. (if different than the address in Item Number 8)

In Care Of (if applicable):				Telephone Number
				(	)

Street Number and Name				Apt. Number

City

State

Zip Code

10.

Gender:

Male

Female

11.

Marital Status:

Single

Married

Divorced

Widowed

12.

Date of Birth (mm/dd/yyyy)

13.

City and Country of Birth

14.

Present Nationality (Citizenship)

15.

Nationality at Birth

16.

Race, Ethnic, or Tribal Group

17.

Religion

18.

Check the box, a through c, that applies:

I have never been in Immigration Court proceedings.

I am now in Immigration Court proceedings.

I am not now in Immigration Court proceedings, but I have been in the past.

19.Complete 19 a through c.

a. When did you last leave your country? (mm/dd/yyyy)b. What is your current I-94 Number, if any?

c. List each entry into the U.S. beginning with your most recent entry. List date (mm/dd/yyyy), place, and your status for each entry.

(Attach additional sheets as needed.)

Date

Place

Status

Date Status Expires

Date

Place

Status

Date

Place

Status

20. What country issued your last passport or travel

21.

Passport Number

22. Expiration Date

document?

(mm/dd/yyyy)

Travel Document Number

23.What is your native language (include dialect, if applicable)? 24. Are you fluent in English? 25. What other languages do you speak fluently?

Yes

For EOIR use only.

For

Action:

Decision:

USCIS

Interview Date:

Approval Date:

use only.

Asylum Officer ID No.:

Denial Date:

Referral Date:

Form I-589 Edition 03/01/23

Page 1

Part A.II. Information About Your Spouse and Children

Your spouse

I am not married. (Skip to Your Children below.)

Alien Registration Number (A-Number)

Passport/ID Card Number

Date of Birth (mm/dd/yyyy)

U.S. Social Security Number

(if any)

Complete Last Name

First Name

Middle Name

Other names used (include

maiden name and aliases)

Date of Marriage (mm/dd/yyyy)

10.

Place of Marriage

11. City and Country of Birth

12. Nationality (Citizenship)

13. Race, Ethnic, or Tribal Group

14. Gender

Male

Female

15.Is this person in the U.S.?

Yes (Complete Blocks 16 to 24.)

No (Specify location):

16.

Place of last entry into the

17.

Date of last entry into the

18. I-94 Number (if any)

19. Status when last admitted

U.S.

(mm/dd/yyyy)

(Visa type, if any)

20.

What is your spouse's

21.

What is the expiration date of his/her

22. Is your spouse in Immigration

23. If previously in the U.S., date of

current status?

authorized stay, if any? (mm/dd/yyyy)

Court proceedings?

previous arrival (mm/dd/yyyy)

Yes

24.If in the U.S., is your spouse to be included in this application? (Check the appropriate box.) Yes

Your Children. List all of your children, regardless of age, location, or marital status.

I do not have any children. (Skip to Part A.III., Information about your background.)

I have children. Total number of children:.

(NOTE: Use Form I-589 Supplement A or attach additional sheets of paper and documentation if you have more than four children.)

Alien Registration Number (A-Number)

Passport/ID Card Number

3. Marital Status (Married, Single,

U.S. Social Security Number

(if any)

Divorced, Widowed)

(if any)

Complete Last Name

First Name

7. Middle Name

Date of Birth (mm/dd/yyyy)

City and Country of Birth

10. Nationality (Citizenship)

11. Race, Ethnic, or Tribal Group

12. Gender

Male

Female

13.

Is this child in the U.S. ?

Yes (Complete Blocks 14 to 21.)

No (Specify location):

14.

Place of last entry into the U.S.

15. Date of last entry into the

16. I-94 Number (If any)

17. Status when last admitted

U.S. (mm/dd/yyyy)

(Visa type, if any)

18.

What is your child's current status?

19. What is the expiration

date of his/her

20. Is your child in

Immigration Court proceedings?

authorized stay, if any? (mm/dd/yyyy)

Yes

21. If in the U.S., is this child to be included in this application? (Check the appropriate box.)

Yes No

Form I-589 Edition 03/01/23

Page 2

Part A.II. Information About Your Spouse and Children (Continued)

Alien Registration Number (A-Number)

Passport/ID Card Number

3. Marital Status (Married, Single,

U.S. Social Security Number

(if any)

Divorced, Widowed)

(if any)

Complete Last Name

First Name

7. Middle Name

Date of Birth (mm/dd/yyyy)

City and Country of Birth

10. Nationality (Citizenship)

11. Race, Ethnic, or Tribal Group

12. Gender

Male

Female

13. Is this child in the U.S. ?

Yes (Complete Blocks 14 to 21.)

No (Specify location):

14. Place of last entry into the U.S.

15. Date of last entry into the

16. I-94 Number (If any)

17. Status when last admitted

U.S. (mm/dd/yyyy)

(Visa type, if any)

18. What is your child's current status?

19. What is the expiration

date of his/her

20. Is your child in

Immigration Court proceedings?

authorized stay, if any? (mm/dd/yyyy)

Yes

21.If in the U.S., is this child to be included in this application? (Check the appropriate box.) Yes

	No

1.	Alien Registration Number (A-Number)	2.	Passport/ID Card Number	3.	Marital Status (Married, Single,	4.	U.S. Social Security Number
	(if any)		(if any)		Divorced, Widowed)		(if any)

5.	Complete Last Name	6.	First Name	7.	Middle Name	8.	Date of Birth (mm/dd/yyyy)

9.	City and Country of Birth	10. Nationality (Citizenship)		11. Race, Ethnic, or Tribal Group		12. Gender
								Male	Female
								Male	Female

13.Is this child in the U.S. ? Yes (Complete Blocks 14 to 21.) No (Specify location):


14.	Place of last entry into the U.S.	15. Date of last entry into the		16. I-94 Number (If any)			17. Status when last admitted
		U.S. (mm/dd/yyyy)						(Visa type, if any)

18.	What is your child's current status?		19. What is the expiration	date of his/her	20. Is your child in Immigration Court proceedings?
			authorized stay, if any? (mm/dd/yyyy)			Yes		No
						Yes		No

21.If in the U.S., is this child to be included in this application? (Check the appropriate box.) Yes

Alien Registration Number (A-Number)

Passport/ID Card Number

3. Marital Status (Married, Single,

U.S. Social Security Number

(if any)

Divorced, Widowed)

(if any)

Complete Last Name

First Name

7. Middle Name

Date of Birth (mm/dd/yyyy)

City and Country of Birth

10. Nationality (Citizenship)

11. Race, Ethnic, or Tribal Group

12. Gender

Male

Female

13. Is this child in the U.S. ?

Yes (Complete Blocks 14 to 21.)

No (Specify location):

14. Place of last entry into the U.S.

15. Date of last entry into the

16. I-94 Number (If any)

17. Status when last admitted

U.S. (mm/dd/yyyy)

(Visa type, if any)

18. What is your child's current status?

19. What is the expiration

date of his/her

20. Is your child in

Immigration Court proceedings?

authorized stay, if any? (mm/dd/yyyy)

Yes

21.If in the U.S., is this child to be included in this application? (Check the appropriate box.) Yes

Form I-589 Edition 03/01/23

Page 3

Part A.III. Information About Your Background

1.List your last address where you lived before coming to the United States. If this is not the country where you fear persecution, also list the last address in the country where you fear persecution. (List Address, City/Town, Department, Province, or State and Country.)

(NOTE: Use Form I-589 Supplement B, or additional sheets of paper, if necessary.)

Number and Street

(Provide if available)

City/Town

Department, Province, or State

Country

Dates

From (Mo/Yr) To (Mo/Yr)

2.Provide the following information about your residences during the past 5 years. List your present address first. (NOTE: Use Form I-589 Supplement B, or additional sheets of paper, if necessary.)

Number and Street

City/Town

Department, Province, or State

Country

Dates

From (Mo/Yr) To (Mo/Yr)

3.Provide the following information about your education, beginning with the most recent school that you attended. (NOTE: Use Form I-589 Supplement B, or additional sheets of paper, if necessary.)

Name of School

Type of School

Location (Address)

Attended

From (Mo/Yr) To (Mo/Yr)

4.Provide the following information about your employment during the past 5 years. List your present employment first. (NOTE: Use Form I-589 Supplement B, or additional sheets of paper, if necessary.)

Name and Address of Employer

Your Occupation

Dates

From (Mo/Yr) To (Mo/Yr)

5.Provide the following information about your parents and siblings (brothers and sisters). Check the box if the person is deceased. (NOTE: Use Form I-589 Supplement B, or additional sheets of paper, if necessary.)

Full Name	City/Town and Country of Birth	Current Location

Mother		Deceased
Mother		Deceased

Father		Deceased
Father		Deceased

Sibling		Deceased
Sibling		Deceased

Sibling		Deceased
Sibling		Deceased

Sibling		Deceased
Sibling		Deceased

Sibling		Deceased
Sibling		Deceased


Form I-589 Edition 03/01/23		Page 4

Part B. Information About Your Application

(NOTE: Use Form I-589 Supplement B, or attach additional sheets of paper as needed to complete your responses to the questions contained in Part B.)

When answering the following questions about your asylum or other protection claim (withholding of removal under 241(b)(3) of the INA or withholding of removal under the Convention Against Torture), you must provide a detailed and specific account of the basis of your claim to asylum or other protection. To the best of your ability, provide specific dates, places, and descriptions about each event or action described. You must attach documents evidencing the general conditions in the country from which you are seeking asylum or other protection and the specific facts on which you are relying to support your claim. If this documentation is unavailable or you are not providing this documentation with your application, explain why in your responses to the following questions.

Refer to Instructions, Part 1: Filing Instructions, Section II, "Basis of Eligibility," Parts A - D, Section V, Completing the Form," Part B, and Section VII, "Additional Evidence That You Should Submit," for more information on completing this section of the form.

1.Why are you applying for asylum or withholding of removal under section 241(b)(3) of the INA, or for withholding of removal under the Convention Against Torture? Check the appropriate box(es) below and then provide detailed answers to questions A and B below.

I am seeking asylum or withholding of removal based on:

Race

Religion

Nationality

Political opinion

Membership in a particular social group Torture Convention

A.Have you, your family, or close friends or colleagues ever experienced harm or mistreatment or threats in the past by anyone?

Yes

If "Yes," explain in detail:

1.What happened;

2.When the harm or mistreatment or threats occurred;

3.Who caused the harm or mistreatment or threats; and

4.Why you believe the harm or mistreatment or threats occurred.

B.Do you fear harm or mistreatment if you return to your home country?

Yes

If "Yes," explain in detail:

1.What harm or mistreatment you fear;

2.Who you believe would harm or mistreat you; and

3.Why you believe you would or could be harmed or mistreated.

Form I-589 Edition 03/01/23

Page 5

Part B. Information About Your Application (Continued)

2.Have you or your family members ever been accused, charged, arrested, detained, interrogated, convicted and sentenced, or imprisoned in any country other than the United States (including for an immigration law violation)?

Yes

If "Yes," explain the circumstances and reasons for the action.

3.A. Have you or your family members ever belonged to or been associated with any organizations or groups in your home country, such as, but not limited to, a political party, student group, labor union, religious organization, military or paramilitary group, civil patrol, guerrilla organization, ethnic group, human rights group, or the press or media?

Yes

If "Yes," describe for each person the level of participation, any leadership or other positions held, and the length of time you or your family members were involved in each organization or activity.

3.B. Do you or your family members continue to participate in any way in these organizations or groups?

Yes

If "Yes," describe for each person your or your family members' current level of participation, any leadership or other positions currently held, and the length of time you or your family members have been involved in each organization or group.

4.Are you afraid of being subjected to torture in your home country or any other country to which you may be returned?

Yes

If "Yes," explain why you are afraid and describe the nature of torture you fear, by whom, and why it would be inflicted.

Form I-589 Edition 03/01/23

Page 6

Part C. Additional Information About Your Application

(NOTE: Use Form I-589 Supplement B, or attach additional sheets of paper as needed to complete your responses to the questions contained in Part C.)

1.Have you, your spouse, your child(ren), your parents or your siblings ever applied to the U.S. Government for refugee status, asylum, or withholding of removal?

Yes

If "Yes," explain the decision and what happened to any status you, your spouse, your child(ren), your parents, or your siblings received as a result of that decision. Indicate whether or not you were included in a parent or spouse's application. If so, include your parent or spouse's A-number in your response. If you have been denied asylum by an immigration judge or the Board of Immigration Appeals, describe any change(s) in conditions in your country or your own personal circumstances since the date of the denial that may affect your eligibility for asylum.

2.A. After leaving the country from which you are claiming asylum, did you or your spouse or child(ren) who are now in the United States travel through or reside in any other country before entering the United States?

Yes

2.B. Have you, your spouse, your child(ren), or other family members, such as your parents or siblings, ever applied for or received any lawful status in any country other than the one from which you are now claiming asylum?

Yes

If "Yes" to either or both questions (2A and/or 2B), provide for each person the following: the name of each country and the length of stay, the person's status while there, the reasons for leaving, whether or not the person is entitled to return for lawful residence purposes, and whether the person applied for refugee status or for asylum while there, and if not, why he or she did not do so.

3.Have you, your spouse or your child(ren) ever ordered, incited, assisted or otherwise participated in causing harm or suffering to any person because of his or her race, religion, nationality, membership in a particular social group or belief in a particular political opinion?

Yes

If "Yes," describe in detail each such incident and your own, your spouse's, or your child(ren)'s involvement.

Form I-589 Edition 03/01/23

Page 7

Part C. Additional Information About Your Application (Continued)

4.After you left the country where you were harmed or fear harm, did you return to that country?

Yes

If "Yes," describe in detail the circumstances of your visit(s) (for example, the date(s) of the trip(s), the purpose(s) of the trip(s), and the length of time you remained in that country for the visit(s).)

5.Are you filing this application more than 1 year after your last arrival in the United States?

Yes

If "Yes," explain why you did not file within the first year after you arrived. You must be prepared to explain at your interview or hearing why you did not file your asylum application within the first year after you arrived. For guidance in answering this question, see Instructions, Part 1: Filing Instructions, Section V. "Completing the Form," Part C.

6.Have you or any member of your family included in the application ever committed any crime and/or been arrested, charged, convicted, or sentenced for any crimes in the United States (including for an immigration law violation)?

Yes

If "Yes," for each instance, specify in your response: what occurred and the circumstances, dates, length of sentence received, location, the duration of the detention or imprisonment, reason(s) for the detention or conviction, any formal charges that were lodged against you or your relatives included in your application, and the reason(s) for release. Attach documents referring to these incidents, if they are available, or an explanation of why documents are not available.

Form I-589 Edition 03/01/23

Page 8

Part D. Your Signature

I certify, under penalty of perjury under the laws of the United States of America, that this application and the evidence submitted with it are all true and correct. Title 18, United States Code, Section 1546(a), provides in part: Whoever knowingly makes under oath, or as permitted under penalty of perjury under Section 1746 of Title 28, United States Code, knowingly subscribes as true, any false statement with respect to a material fact in any application, affidavit, or other document required by the immigration laws or regulations prescribed thereunder, or knowingly presents any such application, affidavit, or other document containing any such false statement or which fails to contain any reasonable basis in law or fact - shall be fined in accordance with this title or imprisoned for up to 25 years. I certify that I am physically present in the United States or seeking admission at a Port of Entry when I execute this application. I authorize the release of any information from my immigration record that U.S. Citizenship and Immigration Services (USCIS) needs to determine eligibility for the benefit I am seeking.

WARNING: Applicants who are in the United States unlawfully are subject to removal if their asylum or withholding claims are not granted by an asylum officer or an immigration judge. Any information provided in completing this application may be used as a basis for the institution of, or as evidence in, removal proceedings even if the application is later withdrawn. Applicants determined to have knowingly made a frivolous application for asylum will be permanently ineligible for any benefits under the Immigration and Nationality Act. You may not avoid a frivolous finding simply because someone advised you to provide false information in your asylum application. If filing with USCIS, unexcused failure to appear for an appointment to provide biometrics (such as fingerprints) and your biographical information within the time allowed may result in an asylum officer dismissing your asylum application or referring it to an immigration judge. Failure without good cause to provide DHS with biometrics or other biographical information while in removal proceedings may result in your application being found abandoned by the immigration judge. See sections 208(d)(5)(A) and 208(d)(6) of the INA and 8 CFR sections 208.10, 1208.10, 208.20, 1003.47(d) and 1208.20.

Print your complete name.

Write your name in your native alphabet.

Did your spouse, parent, or child(ren) assist you in completing this application?

Yes (If "Yes," list the name and relationship.)

(Name)(Relationship)

Did someone other than your spouse, parent, or child(ren) prepare this application?

Asylum applicants may be represented by counsel. Have you been provided with a list of persons who may be available to assist you, at little or no cost, with your asylum claim?

Signature of Applicant (The person in Part. A.I.)

[	]
	Sign your name so it all appears within the brackets

(Name)		(Relationship)
No	Yes (If "Yes,"complete Part E.)
No	Yes

Date (mm/dd/yyyy)

Part E. Declaration of Person Preparing Form, if Other Than Applicant, Spouse, Parent, or Child

I declare that I have prepared this application at the request of the person named in Part D, that the responses provided are based on all information of which I have knowledge, or which was provided to me by the applicant, and that the completed application was read to the applicant in his or her native language or a language he or she understands for verification before he or she signed the application in my presence. I am aware that the knowing placement of false information on the Form I-589 may also subject me to civil penalties under 8 U.S.C. 1324c and/or criminal penalties under 18 U.S.C. 1546(a).

Signature of Preparer

Print Complete Name of Preparer

Daytime Telephone Number

Address of Preparer:

Street Number and Name

(

)

Apt. Number

City

State

Zip Code

To be completed by an

Select this box if

Attorney State Bar Number (if

Attorney or Accredited Representative

Form G-28 is

applicable)

USCIS Online Account Number (if any)

attorney or accredited

attached.

representative (if any).

Form I-589 Edition 03/01/23

Page 9

Part F. To Be Completed at Asylum Interview, if Applicable

NOTE: You will be asked to complete this part when you appear for examination before an asylum officer of the Department of Homeland Security, U.S. Citizenship and Immigration Services (USCIS).

I swear (affirm) that I know the contents of this application that I am signing, including the attached documents and supplements, that they are

all true or not all true to the best of my knowledge and that correction(s) numbered to were made by me or at my request. Furthermore, I am aware that if I am determined to have knowingly made a frivolous application for asylum I will be permanently ineligible for any benefits under the Immigration and Nationality Act, and that I may not avoid a frivolous finding simply because someone advised me to provide false information in my asylum application.

	Signed and sworn to before me by the above named applicant on:

		Date (mm/dd/yyyy)
Signature of Applicant		Date (mm/dd/yyyy)

Write Your Name in Your Native Alphabet		Signature of Asylum Officer

Part G. To Be Completed at Removal Hearing, if Applicable

NOTE: You will be asked to complete this Part when you appear before an immigration judge of the U.S. Department of Justice, Executive Office for Immigration Review (EOIR), for a hearing.

I swear (affirm) that I know the contents of this application that I am signing, including the attached documents and supplements, that they are

	Signed and sworn to before me by the above named applicant on:

Signature of Applicant		Date (mm/dd/yyyy)

Write Your Name in Your Native Alphabet		Signature of Immigration Judge

Form I-589 Edition 03/01/23

Page 10

➤ PDF Form

Form Information

Fact Name	Description
Form Purpose	The USCIS Form I-589, Application for Asylum and for Withholding of Removal, allows individuals within the United States to apply for asylum, withholding of removal, or protection under the Convention Against Torture.
Eligibility Criteria	Applicants must demonstrate they have suffered persecution or have a well-founded fear of future persecution due to race, religion, nationality, membership in a particular social group, or political opinion if returned to their home country.
Filing Deadline	Asylum applications should generally be filed within one year of the applicant's arrival in the United States, unless there are exceptional circumstances that justify a delay.
No Filing Fee	There is no fee to apply for asylum using Form I-589, making it accessible to individuals seeking protection without the burden of a financial cost.
Governing Law	The asylum process is governed by federal immigration laws in the United States, particularly the Immigration and Nationality Act (INA), regardless of the state where the application is submitted.

Detailed Guide for Writing USCIS I-589

Applying for asylum or withholding of removal in the United States is a pivotal step for individuals seeking protection. Beginning this process involves accurately completing the USCIS I-589 form. The instructions here aim to guide you through each part of the form clearly and efficiently. While the USCIS I-589 form might initially appear daunting, understanding its components will ease the preparation process. Let's walk through these steps to ensure your application is complete and meets all requirements.

Start by downloading the latest version of the I-589 form from the USCIS official website to ensure you are working with the most current document.
Read the instructions provided by USCIS carefully before you start filling out the form. These instructions are crucial for understanding the type of information required and how it should be presented.
Fill in basic information about yourself in Part A. This includes your full legal name, any aliases you've used, your nationality, and your current immigration status in the U.S.
In Part B, detail your background information including your entry into the United States. Be precise about dates, locations, and the manner of your arrival.
Part C requires information about your fear of persecution. Describe the reasons you are applying for asylum or withholding of removal, including details of any past persecution and the feared persecution if returned to your home country.
For the section on information about your family, include details about your spouse and children whether they are included in your application or not. This also includes family members who may already be in the United States or remain in your home country.
Answer the series of questions in Part D, which cover security and background information. This section is designed to identify any conditions that might affect your eligibility for asylum.
Review every part of the form to make sure all your information is accurate and complete. The I-589 form requires consistent and truthful information throughout.
Sign and date the form in the designated area at the end. If you used a preparer or interpreter to complete the form, ensure they also fill in their information and sign where required.
Lastly, compile any supporting documents that are necessary for your case. This can include identification documents, evidence of persecution, and any other relevant information that supports your asylum claim. Check the instruction guide for specific details on supporting documents.

After completing the USCIS I-589 form and gathering all necessary documents, submit your application following the USCIS submission guidelines. Remember, timely and accurately filed applications are crucial in the asylum process. By following the outlined steps, you can prepare your application with confidence, knowing that you have taken the correct steps towards seeking protection in the United States.

Important Points on USCIS I-589

What is the USCIS I-589 form?

The USCIS I-589 form is an application for asylum and for withholding of removal. This form is used by individuals who are in the United States and seeking protection because they have suffered persecution or fear that they will suffer persecution due to race, religion, nationality, membership in a particular social group, or political opinion.

Who is eligible to file the USCIS I-589 form?

Individuals currently in the United States who believe they face persecution in their home country on account of their race, religion, nationality, membership in a particular social group, or political opinion may file the I-589 form. It is available for those who are at the border, have entered the country, whether legally or illegally, or if their current immigration status is about to expire.

How do I file the USCIS I-589 form and what is the filing fee?

The I-589 form can be filed by mailing it to the appropriate United States Citizenship and Immigration Services (USCIS) office. Currently, there is no filing fee for this form. It's important to ensure that the form is completely filled out and accompanied by any required supporting documentation to avoid delays.

Can I work while my application is being processed?

Applicants may apply for employment authorization 150 days after their complete asylum application has been filed, provided that no decision has been made on their application. However, the ability to work is not granted until 180 days after filing the asylum application, and only if a decision has not yet been made on the application.

How long does it take to process the I-589 form?

The processing time for the I-589 form can vary significantly based on the caseload of the USCIS and other factors. It can take from several months to several years. Applicants can check the status of their application online on the USCIS website for the most current processing times.

What happens after I submit the form?

After submitting the I-589 form, you will receive a receipt notice from USCIS confirming that they have received your application. You may be scheduled for an interview with a USCIS officer, during which you will be asked to provide more information about your case. It's crucial to attend this interview and to prepare thoroughly.

Do I need a lawyer to apply for asylum with the I-589 form?

While it is not mandatory to have a lawyer when applying for asylum, it is highly recommended. A lawyer who has experience in asylum cases can provide valuable guidance, help in preparing your application and supporting documents, and represent you during your interview and in court, if necessary.

Can I include my family in the application?

Yes, you can include your spouse and children who are in the United States on your asylum application if they do not have asylum status. Your children must be unmarried and under 21 years of age to be included.

What if my application is denied?

If your application is denied, you have the right to appeal the decision. The denial notice will provide information about how to appeal and the deadline for filing an appeal. You may want to hire an attorney to assist with the appeal process.

Is there a deadline for filing the USCIS I-589 form after arriving in the United States?

Yes, you must file the USCIS I-589 form within one year of your arrival in the United States. There are certain exceptions to this rule for minors or individuals facing extraordinary circumstances that prevented timely filing. It's important to explain any delays in your application to increase the likelihood of acceptance despite missing the deadline.

Common mistakes

Filling out the USCIS I-589 form, which is the Application for Asylum and for Withholding of Removal, requires careful attention to detail. A common mistake is providing incomplete answers. Applicants often leave sections blank when they don't have an immediate answer, instead of indicating that the question is not applicable ("N/A") or that the information will be provided at a later time.

Another frequent error lies in not thoroughly documenting the basis for the asylum claim. The form asks for specific examples of past persecution or fear of future persecution based on race, religion, nationality, membership in a particular social group, or political opinion. Failure to provide detailed, relevant examples can lead to a lack of sufficient evidence to support the asylum claim.

Applicants sometimes forget to sign and date the form, which may seem like a minor oversight but has significant consequences. An unsigned form is considered incomplete and will not be processed by the USCIS, leading to delays in the asylum application process.

Incorrectly including or omitting family members can also pose a problem. The form requests information about the applicant's spouse and children, regardless of whether they are included in the asylum claim or not. Misunderstanding which family members to include or providing incomplete information about them can lead to complications later in the process.

Many applicants fail to keep a copy of the completed form for their records. This can be problematic if the USCIS requests additional information or if there is a need to reference the original application during legal proceedings. Without a personal copy, recalling specific details or amendments made to the claim can be challenging.

Overlooking the requirement for translation of documents not in English is another common mistake. The USCIS requires that all foreign documents be accompanied by a full English translation, which must include a certification by the translator. Failure to provide these translations can result in delays or even the denial of the application.

Lastly, some applicants attempt to fill out the form without fully understanding the questions or the legal standards for asylum. This can lead to inaccuracies or omissions that weaken the asylum claim. It's essential to seek clarification when in doubt and consider consulting with a legal professional specializing in immigration law to ensure the form is completed correctly and accurately.

Documents used along the form

When submitting the USCIS I-589 form, Application for Asylum and for Withholding of Removal, a variety of supporting documents are typically required to strengthen the case. These documents play a crucial role in providing evidence and context to the claims made within the application. Below is a list of common documents and forms often used alongside the USCIS I-589 form, each with a brief description.

Passport and Identification Documents: Includes any form of identification such as a passport, birth certificate, or national ID card, validating the applicant's identity and nationality.
Proof of Status Documents: Any documentation proving the applicant's current immigration status in the United States, such as a visa or entry stamp.
Police and Court Records: Documents including police reports and court documents that evidence persecution or harm, or the lack thereof, in the applicant’s home country.
Medical Records: Reports and medical records detailing physical or psychological harm suffered by the applicant.
Declaration or Affidavit: A personal statement or affidavits from witnesses providing a detailed account of the applicant's story and experiences related to the asylum claim.
News Articles and Human Rights Reports: Publications that corroborate the applicant's claim of persecution or danger by providing information on conditions in the applicant’s country of origin.
Marriage and Birth Certificates: Official documents verifying family relationships, important for cases involving family-based persecution or when the applicant’s family is included in the asylum claim.
Form I-730, Refugee/Asylee Relative Petition: For asylees wishing to petition for family members to join them in the U.S. after being granted asylum.
Form G-28, Notice of Entry of Appearance as Attorney or Accredited Representative: Submitted if the applicant is being represented by an attorney or accredited representative.
Photographs: Photographs that can be used to support the applicant's claims, such as evidence of injuries or events related to the persecution.

Each of these documents serves a specific purpose and adds a layer of credibility to the asylum application. Collectively, they provide a comprehensive view of the applicant's circumstances and the grounds for their asylum claim. It is important to carefully compile and review all documentation to ensure the strongest possible asylum application is submitted.

Similar forms

The USCIS I-589 form, Application for Asylum and for Withholding of Removal, bears similarity to the USCIS I-130, Petition for Alien Relative, in its purpose to alter an individual's immigration status based on specific eligibility criteria. Both forms serve as the initial steps in potentially life-changing immigration processes. The I-130 form is primarily used by U.S. citizens or lawful permanent residents to establish a familial relationship with a foreign relative, thereby initiating the process for that relative to immigrate to the United States. Like the I-589, the I-130 requires detailed personal information, evidence of the qualifying relationship, and may set into motion a complex series of immigration procedures.

Another document akin to the USCIS I-589 form is the USCIS I-765, Application for Employment Authorization. This document is crucial for immigrants who wish to work legally in the U.S. while their immigration status is pending. Similar to the I-589, which may grant the right to remain in the U.S. under certain protections, the I-765 enables applicants to gain employment authorization. Both forms are pivotal in allowing beneficiaries to stabilize their living conditions during their stay in the United States. Additionally, each form requires proof of the applicant's current immigration status and identity.

The USCIS N-400, Application for Naturalization, also shares attributes with the I-589 form, particularly in providing a pathway to change one's immigration status. While the I-589 is aimed at individuals seeking asylum or protection from removal, the N-400 is for lawful permanent residents (green card holders) seeking to become U.S. citizens. Both applications are comprehensive, requiring detailed personal history, background information, and an understanding of U.S. laws. Successful applicants will see a significant transformation in their legal rights and obligations within the United States.

Similarly, the USCIS I-485, Application to Register Permanent Residence or Adjust Status, parallels the I-589 in its function to modify an individual's legal status in the U.S. The I-485 is primarily used by individuals already in the U.S. to obtain lawful permanent residency (green card). Both the I-485 and the I-589 involve detailed applications, including personal, security, and background information, and both can lead to a permanent change in the applicant's status. However, while the I-589 addresses the needs of asylum seekers and those fearing persecution, the I-485 encompasses a broader range of eligibility criteria for people seeking permanent residency.

The USCIS Form I-131, Application for Travel Document, is another form that shows resemblance to the I-589 in certain respects, especially regarding the provisions it makes for individuals needing permission to leave and then re-enter the U.S. The I-131 is used for a variety of travel-related issues, including re-entry permits and refugee travel documents. Applicants of both the I-131 and I-589 may find themselves in situations where they cannot return to their home country, and both forms seek to address their stay or movement in a way that acknowledges and formalizes their immigration status.

Last but not least, the USCIS I-821, Application for Temporary Protected Status (TPS), shares objectives similar to the I-589. The I-821 allows individuals from designated countries experiencing unsafe conditions, such as ongoing armed conflict or environmental disasters, to remain in the United States for a limited time. Like the I-589, the I-821 is pivotal for individuals who cannot safely return to their country of origin. Both forms play critical roles in humanitarian protection, albeit under different legal frameworks and eligibility criteria.

Dos and Don'ts

Filling out the USCIS I-589 form, which is for asylum and for withholding of removal, requires attention to detail and an understanding of what is required. Here is a carefully compiled list of dos and don'ts to assist applicants in navigating this process effectively:

Do:

Provide complete and accurate information on every part of the form. Incomplete or inaccurate information can lead to delays or denial.
Include a detailed personal statement. This statement should clearly explain the reasons why you are applying for asylum, including any relevant events or circumstances.
Use additional sheets of paper if more space is needed. Ensure each sheet is signed and includes your Alien Registration Number (A-Number) if available.
Attach evidence such as police reports, medical records, or letters of support that corroborate your case.
Seek legal assistance to help navigate the process. Lawyers or accredited representatives can offer valuable guidance.

Don't:

Leave any sections blank. If a section does not apply to you, write 'N/A' (not applicable) or 'None' to indicate this.
Forget to sign and date the form. An unsigned form will not be processed.
Send the form without making a copy for your records. Keeping a copy is crucial for future reference.
Include false information or documents. Misrepresentation can lead to severe penalties and affect future immigration benefits.
Ignore the need for translation. Provide a certified English translation for any document that is not in English.

Misconceptions

Filing the USCIS I-589, Application for Asylum and for Withholding of Removal, can be a complex process. A number of misconceptions surround this critical form, which, if not addressed, may impact the outcomes of asylum seekers' applications. Understanding and clarifying these misconceptions is essential for a smooth application process.

Filling out the form guarantees asylum. A common misconception is that simply completing and submitting the I-589 form will secure asylum in the United States. In reality, the form is just the first step in a detailed and often lengthy process that involves interviews, background checks, and possibly court hearings. Approval is not guaranteed and depends on the evidence and the specifics of the individual case.
Applicants must have legal representation. While it's highly beneficial to have legal representation due to the complexity of asylum cases, it's not a requirement for submitting Form I-589. Applicants can file on their own. However, seeking advice or representation from a qualified immigration attorney or accredited representative is encouraged to navigate the process more effectively.
There's a fee to apply. It's a common belief that there's a filing fee associated with the I-589 application. However, unlike many other immigration forms, there is no fee to apply for asylum using the I-589 form. This policy helps ensure that individuals fleeing persecution can apply for protection without financial barriers.
The form can be submitted at any time after arriving in the U.S. Actually, there's a critical timeframe in which to submit the I-589 form. Asylum seekers must file within one year of their arrival in the United States, except in cases of changed circumstances that materially affect eligibility for asylum or exceptional circumstances related to the delay in filing.
You can include unrelated family members on your application. Only certain family members can be included on your I-589 application. This typically includes a spouse and unmarried children under 21 years old who are in the United States at the time of filing or at any time before a decision is made on the application. Including family members beyond these guidelines is not permissible and doing so can complicate or invalidate your application.

Addressing these misconceptions about the USCIS I-589 form is key to ensuring a well-prepared application. Applicants are encouraged to thoroughly research the requirements, seek qualified assistance, and understand the legal framework guiding asylum in the United States.

Key takeaways

The USCIS I-589 form, officially known as the Application for Asylum and for Withholding of Removal, is a crucial document for individuals seeking protection in the United States from persecution in their home country. To ensure the form is completed accurately and efficiently, consider the following key takeaways:

The form must be filed within one year of the applicant's arrival in the United States, emphasizing the importance of timely action.
Applicants should provide detailed explanations of their fear of persecution, including any specific incidents and dates, to support their request for asylum.
Accuracy is paramount; all information provided on the I-589 form should be truthful and consistent with any other documentation or testimony provided.
Documentation to support the asylum claim, such as police reports, medical records, or letters from witnesses, should be included if available.
The form allows for the inclusion of a spouse and unmarried children under 21 years of age who are in the United States with the applicant.
Legal representation can be beneficial; applicants have the option to have an attorney or accredited representative assist them in completing the form.
The form and any supporting documents must be submitted in English or accompanied by a certified English translation.
No filing fee is required, making it accessible to all applicants regardless of their financial situation.
Applicants should keep a copy of the completed form and all documents submitted for their records.
Once the form is filed, the applicant may be called for an interview with an asylum officer; preparation for this interview is crucial to the application's success.

It is essential for individuals seeking asylum to approach the I-589 form with thoroughness and attention to detail, as it plays a significant role in the asylum application process. Following these key takeaways can aid in presenting a strong case for protection in the United States.

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