The USCIS I-589 form is a crucial document used by individuals seeking asylum in the United States. This form allows applicants to present their case for protection based on a well-founded fear of persecution in their home country. Understanding the I-589 process is essential for anyone navigating the complexities of asylum applications.
The USCIS I-589 form is a crucial document for individuals seeking asylum or withholding of removal in the United States. This form allows applicants to present their case for protection based on a well-founded fear of persecution in their home country. Completing the I-589 accurately is essential, as it initiates the legal process and determines eligibility for asylum. The form requires detailed information about the applicant's personal history, including reasons for seeking asylum, experiences of persecution, and any relevant family details. Additionally, applicants must provide supporting evidence to substantiate their claims, which may include witness statements, country condition reports, and medical records. Understanding the requirements and ensuring all sections of the form are filled out correctly can significantly impact the outcome of an asylum application. Timeliness is also a key factor, as applicants must file the I-589 within one year of their arrival in the U.S., unless they qualify for an exception. Navigating this process can be complex, but the I-589 serves as a vital step toward achieving safety and stability in a new country.
What is the USCIS I-589 form?
The USCIS I-589 form is the Application for Asylum and for Withholding of Removal. It is used by individuals who are seeking asylum in the United States due to fear of persecution in their home country. This form allows applicants to request protection based on their experiences or well-founded fears of persecution due to race, religion, nationality, political opinion, or membership in a particular social group.
Who is eligible to file the I-589 form?
Any individual who is physically present in the United States and fears persecution in their home country may be eligible to file the I-589 form. This includes individuals who are already in the U.S. or those who have recently arrived. However, there are specific deadlines for filing, so it’s important to act promptly.
How do I complete the I-589 form?
To complete the I-589 form, carefully read the instructions provided by USCIS. The form requires personal information, details about your fear of persecution, and any relevant evidence supporting your claim. Be thorough and honest in your responses. It’s advisable to seek assistance from a legal expert if you have questions or concerns about the process.
What documents do I need to submit with the I-589 form?
You will need to submit several documents with your I-589 application. This includes proof of identity, any evidence supporting your claim of persecution, and any other relevant documentation. Examples include police reports, medical records, or witness statements. Ensure that all documents are translated into English if they are in another language.
What happens after I submit my I-589 form?
Once you submit your I-589 form, USCIS will review your application. You may receive a notice for a biometric appointment, where your fingerprints will be taken. After that, you will likely have an interview with an asylum officer. This interview is a critical part of the process, as it allows you to explain your situation in detail.
How long does it take to process the I-589 form?
The processing time for the I-589 form can vary significantly. Generally, it may take several months to over a year, depending on the complexity of your case and the workload of the USCIS office handling your application. It’s important to be patient and to follow up if you have not received any updates after a reasonable period.
Can I work while my I-589 application is pending?
Yes, you may be eligible to apply for a work permit while your I-589 application is pending. Typically, you can apply for employment authorization 150 days after your application is received by USCIS, provided that your case has not been denied or delayed due to your own actions.
What should I do if my I-589 application is denied?
If your I-589 application is denied, you may have options to appeal the decision or to seek other forms of relief. It’s crucial to consult with an immigration attorney to understand your rights and the best course of action. They can help you navigate the appeals process or explore other legal avenues for remaining in the U.S.
Filling out the USCIS I-589 form is an important step for individuals seeking asylum in the United States. Here are some key takeaways to keep in mind:
The USCIS I-589 form is an important document for individuals seeking asylum in the United States. However, several misconceptions can lead to confusion about its purpose and requirements. Here are five common misunderstandings:
This is not entirely accurate. While the I-589 is primarily used by individuals already present in the U.S. seeking asylum, it can also be filed by those at a port of entry. Understanding the nuances of eligibility is crucial.
Submitting the I-589 does not automatically result in an approved asylum application. Each case is evaluated on its own merits, and approval depends on the evidence provided and the circumstances of the applicant's situation.
In reality, there is a one-year deadline for filing the I-589 after arriving in the U.S. There are limited exceptions, so it is vital to be aware of this timeline to avoid missing the opportunity to apply.
While it is possible to file the I-589 without an attorney, having legal representation can significantly improve the chances of success. An experienced attorney can help navigate the complexities of the asylum process and ensure that all necessary documentation is properly submitted.
This is misleading. While the I-589 is a critical component, applicants must also provide supporting documentation, such as personal statements, evidence of persecution, and any other relevant materials that substantiate their claims.
Understanding these misconceptions can help individuals better prepare for the asylum process and improve their chances of a successful application.
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):
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:
a.
I have never been in Immigration Court proceedings.
b.
I am now in Immigration Court proceedings.
c.
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
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
No
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)
2.
Passport/ID Card Number
3.
U.S. Social Security Number
(if any)
5.
6.
First Name
7.
Middle Name
8.
Other names used (include
maiden name and aliases)
9.
Date of Marriage (mm/dd/yyyy)
Place of Marriage
11. City and Country of Birth
12. Nationality (Citizenship)
13. Race, Ethnic, or Tribal Group
14. Gender
15.Is this person in the U.S.?
Yes (Complete Blocks 16 to 24.)
No (Specify location):
Place of last entry into the
Date of last entry into the
18. I-94 Number (if any)
19. Status when last admitted
U.S.
(Visa type, if any)
20.
What is your spouse's
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)
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.)
3. Marital Status (Married, Single,
Divorced, Widowed)
7. Middle Name
10. Nationality (Citizenship)
11. Race, Ethnic, or Tribal Group
12. Gender
Is this child in the U.S. ?
Yes (Complete Blocks 14 to 21.)
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)
What is your child's current status?
19. What is the expiration
date of his/her
20. Is your child in
Immigration Court proceedings?
21. If in the U.S., is this child to be included in this application? (Check the appropriate box.)
Yes No
Page 2
Part A.II. Information About Your Spouse and Children (Continued)
13. Is this child in the U.S. ?
14. Place of last entry into the U.S.
18. What is your child's current status?
21.If in the U.S., is this child to be included in this application? (Check the appropriate box.) Yes
Marital Status (Married, Single,
13.Is this child in the U.S. ? Yes (Complete Blocks 14 to 21.) No (Specify location):
20. Is your child in Immigration Court proceedings?
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.)
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
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
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
Father
Sibling
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
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?
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?
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.
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)?
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?
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?
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?
If "Yes," explain why you are afraid and describe the nature of torture you fear, by whom, and why it would be inflicted.
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?
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?
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?
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?
If "Yes," describe in detail each such incident and your own, your spouse's, or your child(ren)'s involvement.
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?
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?
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)?
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.
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)
Yes (If "Yes,"complete Part E.)
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:
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).
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:
Signature of Applicant
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.
Signature of Immigration Judge
Page 10
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Failing to provide complete information. Every section of the form must be filled out fully. Leaving blanks can delay processing.
Not signing the form. A signature is required at the end. Without it, the application will be considered incomplete.
Using incorrect or outdated forms. Always ensure you are using the latest version of the I-589 form from the USCIS website.
Providing inconsistent information. Ensure that all details match across documents and the form to avoid confusion.
Not including supporting documents. Relevant evidence, such as personal statements or country conditions, should be attached.
Submitting the form to the wrong address. Double-check the USCIS instructions for the correct mailing address based on your situation.
Ignoring deadlines. Be aware of any time limits for submitting the I-589 form to ensure timely processing.
Not keeping copies. Always make copies of the completed form and all documents submitted for your records.
Overlooking translation requirements. If any documents are not in English, certified translations must be provided.
Failing to review the form before submission. Carefully check for any errors or missing information to avoid delays.
When filling out the USCIS I-589 form, there are important guidelines to follow to ensure your application is processed smoothly. Here are some dos and don'ts to consider:
The USCIS I-589 form is similar to the I-130 form, which is used for family-based immigration. The I-130 form allows a U.S. citizen or lawful permanent resident to petition for a relative to immigrate to the United States. Like the I-589, the I-130 requires detailed information about the petitioner and the beneficiary. Both forms aim to establish a legitimate connection between individuals, whether through family ties or a claim for asylum. The I-130, however, focuses on family relationships, while the I-589 centers on protection from persecution.
Another document comparable to the I-589 is the I-751 form, which is used to remove conditions on residence for individuals who obtained their green card through marriage. The I-751 form is filed jointly by the couple to prove that their marriage is genuine and not solely for immigration benefits. Similar to the I-589, the I-751 requires substantial evidence and documentation to support the applicant's claims. While the I-589 seeks to protect individuals from harm, the I-751 ensures that those in marital relationships maintain their legal status in the U.S.
For employers or individuals looking to verify employment history, the process of completing the Employment Verification form is crucial. To access the necessary documentation, please visit the Employment Verification resource page.
The I-864 form, known as the Affidavit of Support, is another document that shares similarities with the I-589. This form is required when someone sponsors a relative for a green card, demonstrating that the sponsor can financially support the immigrant. Both forms require personal information and financial details, highlighting the sponsor's ability to support the immigrant. However, the I-864 focuses on economic stability, while the I-589 addresses humanitarian concerns related to safety and asylum.
Lastly, the N-400 form, used for applying for U.S. citizenship, also bears resemblance to the I-589. The N-400 requires applicants to provide information about their background, residency, and moral character. Both forms necessitate a thorough understanding of the applicant's history and circumstances. The key difference lies in their purpose: the I-589 seeks asylum or refugee status, while the N-400 is the pathway to citizenship for those already in the U.S. who meet specific criteria.