Table of Changes

Table Changes 11-16-07.doc

Application for Asylum and for Withholding of Removal

Table of Changes

OMB: 1615-0067

Document [doc]
Download: doc | pdf

Changes to I-589 Form

None

Changes to I-589 Instructions

Proposing Office

1

In Part 1, Section IV, on page 4 of the current form, replace


Representatives of the United Nations High Commissioner for Refugees (UNHCR) may be able to assist you in identifying persons to help you complete the application. The UNHCR website provides useful country conditions information and also has links to other reliable sources. You may also, if you wish, forward a copy of your application and other supporting documents to the UNHCR. (For instructions on where to file the original, please see Page 8 of the Instructions, Part 1: Filing Instructions, Section XII, "Where to File.") The current address of the UNHCR is:


with


Representatives of the United Nations High Commissioner for Refugees (UNHCR) may be able to assist you in identifying persons to help you complete the application. RefWorld, available on UNHCR’s website, provides useful country conditions information through a variety sources. Contact information for the UNHCR is:


Asylum and EOIR

2

In Part 1, Section IV, on page 4 of the current form, replace


Website: http://www.unhcr.ch


with


Website: http://www.unhcr.org


Asylum and EOIR

31

In Part 1, Section XII, between pages 8 and 9 of the current form, directly abovebefore


If you are not in proceedings in Immigration Court:


add:


You may also file your asylumForm I-589 application directly with the Immigration Court in the following circumstances:


(1) After completion of exclusion, deportation, or removal proceedings, and in conjunction with a motion to reopen pursuant to 8 CFR part 3, with the Immigration Court having jurisdiction over the prior proceeding. Any such motion must reasonably explain the failure to request asylum prior to the completion of the proceedings, or


(2) In asylum proceedings pursuant to 8 CFR § § 208.2(c)(1) and 1208.2(c) and after the Form I-863, Notice of Referral to Immigration Judge, has been served on you and filed with the Immigration Court having jurisdiction over the your case.


If you are in proceedings before the Board of Immigration Appeals:


You may file your asylum Form I-589 application with the Board of Immigration Appeals in conjunction with a motion to remand or reopen pursuant to 8 CFR §§ 1003.2 and 1003.8. You may file an initial Form I-589asylum application with the Board of Immigration Appeals only if the Board of Immigration Appeals has jurisdiction over your case. Any such motion must reasonably explain the failure to request asylum and/or withholding of removal prior to the completion of the proceedings.


Asylum and EOIR

4

In Part 1, Section XII, on page 9 of the current form, change


If you are not in proceedings in Immigration Court:


To


If you are not in proceedings in Immigration Court or before the Board of Immigration Appeals:


Asylum and EOIR

5

In Part 1, Section XII, on page 9 of the current form, after


For Pennsylvania:


Newark Asylum Office 201-531-0555

Arlington Asylum Office 703-525-8141


Information concerning asylum offices and where to file asylum applications is also available on the USCIS website at: http://www.uscis.gov.


Add:


You may file your completed Form I-589 directly with the asylum office having jurisdiction over your case only if


(1) You have received the express consent of the asylum office director or the director of the Asylum Division to do so, or


(2) You were previously included in a spouse's or parent's pending application but you are no longer eligible to be included as a derivative. In such cases, you should include a cover letter referencing the previous application and explaining that you are now independently filing for asylum.


Asylum and EOIR

6

At the end of the section, after


Individuals subject to these special categories who file asylum applications with USCIS Service Centers will be served with a Form I-863, Notice of Referral to Immigration Judge, when they appear at the USCIS Asylum Office and will be referred to Immigration Court for an asylum-only hearing.


add:


If you fall into one of the above categories and you have not yet been served with Form I-863, you may file your completed Form I-589 with the USCIS Service Center having jurisdiction over your application. The Asylum Office Director may elect to serve you with Form I-863, in which case the Asylum Office Director will forward your asylum application to the appropriate Immigration Court.


If you are an alien crewmember in custody and you have been given a Form I-589 as well as information about the privilege of being represented by counsel and of the consequences of knowingly filing a frivolous asylum application, you have 10 days within which to submit your completed Form I-589 to the Immigration and Customs Enforcement (ICE) Field Office Director having jurisdiction over the port-of-entry at which your vessel arrived. The Field Office Director may extend the 10-day filing period for good cause. Once you file your application, the Field Office Director will serve you with Form I-863 and immediately forward your application to the appropriate Immigration Court.


Asylum and EOIR


File Typeapplication/msword
File TitleChanges
AuthorUser_template
Last Modified ByUSCIS
File Modified2007-11-15
File Created2007-11-15

© 2024 OMB.report | Privacy Policy