Application for Asylum and for Withholding of Removal

OMB No. 1615-0067; Expires 02/28/09

Department of Homeland Security
U.S. Citizenship and Immigration Services

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

U.S. Department of Justice
Executive Office for Immigration Review

Instructions
What Is the Purpose of This Form?
This form is used to apply for asylum in the United States and for withholding of removal (formerly called "withholding of deportation"). This
application may also be used to apply for protection under the Convention Against Torture. You may file this application if you are physically
present in the United States and you are not a U.S. citizen.
NOTE: You must submit an application for asylum within 1 year of arriving in the United States, unless there are changed circumstances that
materially affect your eligibility for asylum or extraordinary circumstances directly related to your failure to file within 1 year. (See Page 5 of the
Instructions, Part 1: Filing Instructions, Section V, "Completing the Form," Part C, for further explanation.)
You may include in your application your spouse and unmarried children who are under 21 years of age and physically present in the United States.
You must submit certain documents for your spouse and each child included as required by these instructions. Children 21 years of age or older and
married children must file separate Form I-589 applications. If you are granted asylum and your spouse and/or any unmarried children under the
age of 21 are outside the United States, you may file Form I-730, Refugee and Asylee Relative Petition, for them to gain similar benefits.

Instruction Sections: Filing Information and How Your Application Will Be Processed
The instructions are divided into two sections.
The first section has filing information. This section discusses basic eligibility criteria and guides you through filling out and filing the application.
The second section explains how your application will be processed. This section also describes potential interim benefits available while your
application is pending.
Please read these instructions carefully. The instructions will help you complete your application and understand how it will be processed. If you
have questions about your eligibility, how to complete the form, or the asylum process, you may wish to consult an attorney or other qualified
person to assist you. (See Page 4 of the Instructions, Part I, Filing Instructions, Section IV, "Right to Counsel.")

Additional Information on Websites
Additional information concerning asylum and withholding of removal is available on the following websites: Department of Homeland Security
(DHS), U.S. Citizenship and Immigration Services (USCIS): http://www.uscis.gov, and U.S. Department of Justice (DOJ), Executive Office for
Immigration Review (EOIR): http//www.usdoj.gov/eoir.

WARNING: Applicants in the United States illegally 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 (INA). 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 or to provide biometrics (such as fingerprints) and other biographical
information within the time allowed may delay eligibility for employment authorization and result in an asylum officer dismissing your
asylum application or referring it to an immigration judge. Applicants and eligible dependents in removal proceedings who fail without
good cause to provide DHS with their biometrics or their biographical information as required within the time allowed, may have their
applications found abandoned by the immigration judge. See sections 208(d)(5)(A) and 208(d)(6) of the INA and 8 Code of Federal
Regulations (CFR) sections 208.10, 1208.10, 208.20, 1003.47(d), and 1208.20.

Form I-589 Instructions (Rev. 02/28/08) Y

Table of Contents

Part 1. Filing Instructions

Instructions for Form I-589

1

Part 1. Filing Instructions

2

I. Who May Apply and Filing Deadlines

I. Who May Apply and Filing Deadlines

2

II. Basis of Eligibility

2
2

You may apply for asylum irrespective of your immigration status
and even if you are in the United States unlawfully.

A. Asylum
B. Withholding of Removal
C. Deferral of Removal Under
the Convention Against Torture
D. Legal Sources Relating to Eligibility
III. Confidentiality
IV. Right to Counsel
V. Completing the Form
Part A. I. Information About You
Part A. II. Spouse and Children
Part A. III. Information About Your Background
Part B.
Part C.

4
5
5
5
5

Part E.
Part F.

Your Signature and Statement
Interpreter Signature and Statement

Part G.

Signature of Person Preparing Form, If
Other Applicant, Spouse, Parent, or Child

6

To Be Completed at Asylum Interview, If
Applicable.

7

To Be Completed at Removal Hearing, If
Applicable

7

Required Documents and Required Number of Copies
That You Must Submit With Your Application

VII. Additional Evidence That You Should Submit
VIII. Fee
IX.
X.

Biometrics, Including Fingerprints and Photographs
Organizing Your Application

XI.

Incomplete Asylum Applications

XII. Where to File
Part 2. Information Regarding Post-Filing
Requirements

II.

4
4

Part D.

Part I.

I.

3
4

Information About Your Application
Additional Information About Your
Application
Your Signature

Part H.

VI.

2

Notification Requirements When Your
Address Changes
Asylum Interview Process

6
6

If you have previously been denied asylum by an immigration judge
or the Board of Immigration Appeals, you must show that there are
changed circumstances that affect your eligibility for asylum.
The determination of whether you are permitted to apply for asylum
will be made once you have had an asylum interview with an asylum
officer or a hearing before an immigration judge. Even if you are not
eligible to apply for asylum for the reasons stated above, you may
still be eligible to apply for withholding of removal under section
241(b)(3) of the INA or under the Convention Against Torture
before the Immigration Court.

6
6

7
7
8
8
8
8

II. Basis of Eligibility
A. Asylum
In order to qualify for asylum, you must establish that you are a
refugee who is unable or unwilling to return to his or her country of
nationality, or last habitual residence in the case of a person having
no nationality, because of persecution or a well-founded fear of
persecution on account of race, religion, nationality, membership in a
particular social group, or political opinion. This means that you
must establish that race, religion, nationality, membership in a
particular social group, or political opinion was or will be at least one
central reason for your persecution or why you fear persecution. (See
section 208 of the INA; 8 CFR sections 208 and 1208, et seq.)

10

If you are granted asylum, you and any eligible spouse or child
included in your application will be permitted to remain and work in
the United States and may eventually adjust to lawful permanent
resident status. If you are not granted asylum, the Department of
Homeland Security (DHS) may use the information you provide
in this application to establish that you are removable from the
United States.

10

B. Withholding of Removal

9

11

III. Status While Your Application Is Pending

11

IV. Travel Outside the United States

11

V. Employment Authorization While Your
Application Is Pending

11

VI. Privacy Act Notice

11

VII. Paperwork Reduction Act Notice

12

Supplements to Form I-589

You MUST file this application within 1 year after you arrived in
the United States, unless you can show that there are changed
circumstances that affect your eligibility for asylum or
extraordinary circumstances that prevented you from filing
within 1 year. (See Page 5 of the Instructions, Part I: Filing
Instructions, Section V, "Completing the Form," Part C, for
further explanation of this requirement.)

12

Your asylum application is also considered to be an application for
withholding of removal under section 241(b)(3) of the INA, as
amended. It may also be considered an application for withholding
of removal under the Convention Against Torture if you checked the
box at the top of Page 1 of the application form, or if the evidence
you present indicates that you may be tortured in the country of
removal. (See 8 CFR sections 208.13(c)(1) and 1208.13(c)(1)). If
asylum is not granted, you may still be eligible for withholding of
removal.
Regardless of the basis for the withholding application, you will not
be eligible for withholding if you:
(1) Assisted in Nazi persecution or engaged in genocide;
Form I-589 Instructions (Rev. 02/28/08) Y Page 2

(2) Have persecuted another person;

(4) Are considered for serious reasons to have committed a serious
non-political crime outside the United States; or

Form I-589, Application for Asylum and for Withholding of
Removal, will be considered an application for withholding of
removal under the Convention Against Torture if you tell the
immigration judge that you would like to be considered for
withholding of removal under the Convention Against Torture, or if
it is determined that evidence indicates that you may be tortured in
the country of removal.

(5) Represent a danger to the security of the United States. (See
section 241(b)(3) of the INA; 8 CFR sections 208.16 and
1208.16.)

To apply for withholding of removal under the Convention Against
Torture, you must check the box at the top of Page 1 of the
application and fully complete Form I-589.

(3) Have been convicted by a final judgment of a particularly
serious crime and therefore represent a danger to the
community of the United States;

i. Withholding of Removal Under
Section 241 (b)(3) of the INA
In order to qualify for withholding of removal under section 241(b)
(3) of the INA, you must establish that it is more likely than not that
your life or freedom would be threatened on account of race, religion,
nationality, membership in a particular social group, or political
opinion in the proposed country of removal.
If you obtain an order withholding your removal, you cannot be
removed to the country where your life or freedom would be
threatened. This means that you may be removed to a third country
where your life or freedom would not be threatened. Withholding of
removal does not adhere derivatively to any spouse or child included
in the application. They would have to apply for such protection on
their own.
If you are granted withholding of removal, this would not give you
the right to bring your relatives to the United States. It also would not
give you the right to become a lawful permanent resident of the
United States.

ii. Withholding of Removal Under
the Convention Against Torture
The Convention Against Torture refers to the United Nations
Convention Against Torture and Other Cruel, Inhuman or Degrading
Treatment or Punishment.
To be granted withholding of removal to a country under the
Convention Against Torture, you must show that it is more likely
than not that you would be tortured in that country.
"Torture" is defined in Article 1 of the Convention Against Torture
and at 8 CFR sections 208.18(a) and 1208.18(a). For an act to be
considered torture, it must be an extreme form of cruel and inhuman
treatment, it must cause severe physical or mental pain and suffering,
and it must be specifically intended to cause severe pain and
suffering.
Torture is an act inflicted for such purposes as obtaining from the
victim or a third person information or a confession, punishing the
victim for an act he or she or a third person has committed or is
suspected of having committed, or intimidating or coercing the
victim or a third person or for any reason based on discrimination of
any kind.
Torture must be inflicted by or at the instigation of, or with the
consent or acquiescence of, a public official or other person acting in
an official capacity. The victim must be in the custody or physical
control of the torturer. Torture does not include pain or suffering that
arises only from, is inherent in, or is incidental to lawful sanctions,
although such actions may not defeat the objective and purpose of the
Convention Against Torture.

You should include a detailed explanation of why you fear torture in
response to Part B, Question 4, of the application. In your response
you should write about any mistreatment you experienced or any
threats made against you by a government or somebody connected to
a government.
Only immigration judges and the Board of Immigration Appeals
may grant withholding of removal or deferral of removal under the
Convention Against Torture. If you have applied for asylum, the
immigration judge will first determine whether you are eligible for
asylum under section 208 of the INA and for withholding of removal
under section 241(b)(3) of the INA. If you are not eligible for either
asylum under section 208 of the INA or withholding of removal
under section 241(b)(3) of the INA, the immigration judge will
determine whether the Convention Against Torture prohibits your
removal to a country where you fear torture.
As implemented in U.S. law, Article 3 of the Convention Against
Torture prohibits the United States from removing you to a country
in which it is more likely than not that you would be subject to
torture. The Convention Against Torture does not prohibit the
United States from returning you to any other country where you
would not be tortured. This means that you may be removed to a
third country where you would not be tortured. Withholding of
removal under the Convention Against Torture does not allow you to
adjust to lawful permanent resident status or to petition to bring
family members to come to, or remain in, the United States.

C. Deferral of Removal Under
the Convention Against Torture
If it is more likely than not that you will be tortured in a country but
you are ineligible for withholding of removal, your removal will be
deferred under 8 CFR sections 208.17(a) and 1208.17(a). Deferral of
removal does not confer any lawful or permanent immigration status
in the United States and does not necessarily result in release from
detention. Deferral of removal is effective only until it is terminated.
Deferral of removal is subject to review and termination if it is
determined that it is no longer more likely than not that you would
be tortured in the country to which your removal is deferred or if
you request that your deferral be terminated.

D. Legal Sources Relating to Eligibility
The documents listed below are some of the legal sources relating to
asylum, withholding of removal under section 241(b)(3) of the INA,
and withholding of removal or deferral of removal under the
Convention Against Torture. These sources are provided for
reference only. You do not need to refer to them in order to complete
your application.
(1) Section 101(a)(42) of the INA, 8 U.S.C. 1101(a)(42) (defining
"refugee");

Form I-589 Instructions (Rev. 02/28/08) Y Page 3

(2) Section 208 of the INA, 8 U.S.C. 1158 (regarding eligibility for
asylum);
(3) Section 241(b)(3) of the INA, 8 U.S.C. 1231(b)(3) (regarding
eligibility for withholding of removal);

Calls from Detention Centers and Jails: Between the hours of 2
and 5 p.m. (Eastern Standard Time), Monday, Wednesday, and
Friday, asylum-seekers in detention centers and jails may call
UNHCR collect at (202) 296-5191 or may call UNHCR's toll-free
number at: (888) 272-1913.

(4) Title 8 of the CFR sections 208 and 1208, et seq.;
(5) Article 3 of the Convention Against Torture and Other Cruel,
Inhuman or Degrading Treatment or Punishment as ratified by
section 2242(b) or the Foreign Affairs Reform and Restructuring
Act of 1998 and 8 CFR section 208, as amended by the
Regulations Concerning the Convention Against Torture:
Interim Rule, 64 FR 8478-8492 (February 19, 1999) (effective
March 22, 1999); 64 FR 13881 (March 23, 1999);
(6) The 1967 United Nations Protocol relating to the Status of
Refugees;
(7) The 1951 Convention relating to the Status of Refugees; and
(8) The Office of the United Nations High Commissioner for
Refugees, Handbook on Procedures and Criteria for determining
Refugee Status (Geneva, 1992).

III. Confidentiality
The information collected will be used to make a determination on
your application. It may also be provided to other government
agencies (Federal, State, local, and/or foreign) for purposes of
investigation or legal action on criminal and/or civil matters and for
issues arising from the adjudication of benefits. However, no
information indicating that you have applied for asylum will be
provided to any government or country from which you claim a fear
of persecution. Regulations at 8 CFR sections 208.6 and 1208.6
protect the confidentiality of asylum claims.

IV. Right to Counsel
Immigration law concerning asylum and withholding of removal or
defferal or removal is complex. You have a right to provide your
own legal representation at an asylum interview and during
immigration proceedings before the Immigration Court at no cost to
the U.S. Government.
If you need or would like help to complete this form and to prepare
your written statements, assistance from pro bono (free) attorneys
and/or voluntary agencies may be available. Voluntary agencies may
help you for no fee or a reduced fee, and attorneys on the list referred
to below may take your case for no fee. If you have not already
received from USCIS or the Immigration Court a list of attorneys
and accredited representatives, you may obtain a list by calling
1-800-870-3676 or visiting the U.S. Department of Justice (DOJ),
Executive Office for Immigration Review (EOIR) website at:
http://www.usdoj.gov/eoir/probono/states.htm.
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 :
United Nations High Commissioner for Refugees
1775 K Street, NW, Suite 300
Washington, DC 20006
Telephone: (202) 296-5191
Website: http://www.unhcr.org

V. Completing the Form
Type or print all of your answers in black ink on Form I-589. Your
answers must be completed in English. Forms completed in a
language other than English will be returned to you. Provide the
specific information requested about you and your family. Answer
all the questions asked.
If any question does not apply to you or you do not know the
information requested, answer "none," "not applicable", or
"unknown."
Provide detailed information and answer the questions as completely
as possible. Applications filed with missing information may be
returned to you as incomplete. If you need more space, attach the
Supplement A or B Forms (included in the application package) and/
or additional sheet(s) indicating the question number(s) you are
answering.
You are strongly urged to attach additional written statements and
documents that support your claim. Your written statements should
include events, dates, and details of your experiences that relate to
your claim for asylum.
NOTE: Please put your Alien Registration Number (A-number) (if
any), name (exactly as it appears in Part A. I. of the form), signature,
and date on each supplemental sheet and on the cover page of any
supporting documents.
You will be permitted to amend or supplement your application at
the time of your asylum interview before an asylum officer and at
your hearing in Immigration Court by providing additional
information and explanations about your asylum claim.

Part A. I. Information About You
This part asks for basic information about you. "Alien Registration
Number" (A#) refers to your DHS file number. If you do not already
have an A#, DHS will assign one to you.
You must provide your residential street address (the address where
you physically live) in the United States in Part A. I., Question 7, of
the asylum application. You may also provide a mailing address, if
different from the address where you reside, in Question 8. If
someone else is collecting your mail for you at your mailing address,
you may enter that person's name in the "In Care Of" field in your
response to Question 8. If your mailing address is a post office box,
include that address in Question 8 and include a residential address
where you physically live in Question 7.
In Question 12, use the current name of the country. Do not use
historical, ethnic, provincial, or other local names.
If you entered the country with inspection, the Form I-94
number (#) referred to in Question l8b is the number on Form I-94,
Arrival-Departure Record, given to you when you entered the United
States. In Question 18c, enter the date and status as it appears on
Form I-94. If you did not receive a Form I-94, write "None." If you
entered without being inspected by an immigration officer, write
"No Inspection" in Question 18c in the current status or status
section.
Form I-589 Instructions (Rev. 02/28/08) Y Page 4

Part A. II. Spouse and Children
You should list your spouse and all of your children in this
application, regardless of their age, marital status, whether they are in
the United States, or whether or not they are included in this
application or filing a separate asylum application.
You may ask to have included in your asylum application your
spouse and/or any children who are under the age of 21 years and
unmarried, if they are in the United States. Children who are married
and/or children who are 21years of age or older must file separately
for asylum by submitting their own Form I-589 asylum applications.

Part A. III.

Information About
Your Background

Please answer Questions 1 through 5, providing details as requested
for each question. Your responses to the questions concerning the
places you have lived, your education, and your employment history
should be in reverse chronological order starting with your current
residence, education, and employment and working back in time.

Part B. Information About
Your Application

If you apply for asylum while in proceedings before the Immigration
Court, the immigration judge may not have authority to grant
asylum to any spouse or child included in your application who is
not also in proceedings.

This part asks specific questions relevant to eligibility for asylum, for
withholding of removal under section 241(b)(3) of the Act, or for
withholding of removal under the Convention Against Torture. At
Question 1, please check the box(es) next to the reason(s) that you
are completing this application. For all other questions, please cheek
"Yes" or "No" in the box provided.

When including family members in your asylum application, you
must submit one additional copy of your completed asylum
application and primary documentary evidence establishing your
family relationship for each family member, as described below:

If you answer "Yes" to any question, explain in detail using the
Supplement B Form or additional sheets of paper, as needed.

(1) If you are including your spouse in your application, submit three
copies of your marriage certificate and three copies of proof of
termination of any prior marriages.
(2) If you are including any unmarried children under 21years of age
in your application, submit three copies of each child's birth
certificate.
If you do not have and are unable to obtain these documents, you
must submit secondary evidence. Secondary evidence includes but is
not limited to medical records, religious records, and school records.
You may also submit an affidavit from at least one person for each
event you are trying to prove. Affidavits may be provided by
relatives or others. Persons providing affidavits need not be U.S.
citizens or lawful permanent residents.

Affidavits must:
(1) Fully describe the circumstances or event(s) in question and fully
explain how the person acquired knowledge of the
event(s);
(2) Be sworn to or affirmed by persons who were alive at the time of
the event(s) and have personal knowledge of the event(s) (date
and place of birth, marriage, etc.) that you are trying to prove;
and
(3) Show the full name, address, and date and place of birth of each
person giving the affidavit and indicate any relationship between
you and the person giving the affidavit.
If you submit secondary evidence or affidavits, you must explain why
primary evidence (e.g., birth or marriage certificate) is unavailable.
You may explain the reasons primary evidence is unavailable using
the Supplement B Form or additional sheets of paper. Attach this
explanation to your secondary evidence or affidavits.
If you have more than four children, complete the Supplement A
Form for each additional child or attach additional pages and
documentation providing the same information asked in Part A. II. of
the Form I-589.

You should clearly describe any of your experiences, or those of
family members or others who have had similar experiences that may
show that you are a refugee.
If you have experienced harm that is difficult for you to write down
and express, you should be aware that these experiences may be very
important to the decision-making process regarding your request to
remain in the United States. At your interview with an asylum
officer or hearing with an immigration judge, you will need to be
prepared to discuss the harm you have suffered. If you are having
trouble remembering or talking about past events, we suggest that
you talk to a lawyer, an accredited representative, or a health
professional who may be able to help you explain your experiences
and current situation.

Part C. Additional Information
About Your Application
Check "Yes" or "No" in the box provided for each question. If you
answer "Yes" to any question, explain in detail using the
Supplement B Form or additional sheets of paper, as needed.
If you answer "Yes" to Question 5, you must explain why you did not
apply for asylum within the first year after you arrived in the United
States. The Government will accept as an explanation certain changes
in the conditions in your country, certain changes in your own
circumstances, and certain other events that may have prevented you
from applying earlier.
For example, some of the events the Government might consider as
valid explanations include but are not limited to the following:
(1) You have learned that human rights conditions in your country
have worsened since you left;
(2) Because of your health, you were not able to submit this
application within 1 year after you arrived;
(3) You previously submitted an application, but it was returned to
you because it was not complete, and you submitted a complete
application within a reasonable amount of time.

Form I-589 Instructions (Rev. 02/28/08) Y Page 5

Federal regulations specify some of the other types of events that
may also qualify as valid explanations for why you filed late. These
regulations are found at 8 CFR, sections 208.4 and 1208.4. The list in
the regulations is not all-inclusive, and the Government recognizes
that there are many other circumstances that might be acceptable
reasons for filing more than 1 year after arrival.
If you are unable to explain why you did not apply for asylum within
the first year after you arrived in the United States or your
explanation is not accepted by the Government, you may not be
eligible to apply for asylum, but you could still be eligible for
withholding of removal.

Part D. Your Signature

If aggravating factors exist, the maximum term of imprisonment
could reach 25 years.
If you knowingly provide false information on this application, you
or the preparer of this application may be subject to criminal penalties
under Title 18 of the U.S.C. and to civil penalties under section 274C
of the INA, 8 U.S.C.324c.

Part F. To Be Completed at Asylum
Interview, If Applicable
Do not sign your application in Part F before filing this form. You
will be asked to sign your application in this space at the conclusion
of the interview regarding your claim.
NOTE: You must, however, sign Part D of the application.

You must sign your application in Part D and respond to the
questions concerning any assistance you received to complete your
application, providing the information requested. Sign after you have
completed and reviewed the application.

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

If it is determined that you have knowingly made a frivolous
application for asylum, you can be permanently ineligible for any
benefits under the INA. (See section 208(d)(6) of the INA.)

Do not sign your application in Part G before filing this form. You
will be asked to sign your application in this space at the hearing
before the immigration judge.

According to regulations at 8 CFR sections 208.20 and 1208.20, an
application is frivolous if any of its material elements is deliberately
fabricated. (See Instructions, Part 1: Filing Instructions, Section IV,
"Right to Counsel," in the event that you have any questions.) Please
note that you may not avoid a frivolous finding simply because
someone advised or told you to provide false information on your
asylum application.

NOTE: You must, however, sign Part D of the application.

Part E. Signature of Person Preparing
Form, If Other Than You
Any person, other than an immediate family member (your spouse,
parent(s) or children), who helped prepare your application must sign
the application in Part E and provide the information requested.

Penalty for Perjury
All statements in response to questions contained in this application
are declared to be true and correct under penalty of perjury. You and
anyone, other than an immediate family member, who assists you in
preparing the application must sign the application under penalty of
perjury. Your signature is evidence that you are aware of the contents
of this application. Any person assisting you in preparing this form,
other than an immediate family member, must include his or her
name, address and telephone number and sign the application where
indicated in Part E.
Failure of the preparer to sign will result in the application being
returned to you as an incomplete application.
If USCIS or EOIR later learns that you received assistance from
someone other than an immediate family member and the person
who assisted you willfully failed to sign the application, this may
result in an adverse ruling against you.
Title 18, United States Code (U.S.C.), Section 1546(a), provides in
part:
Whoever knowingly makes under oath, or as permitted under
penalty of perjury under Section 1746 of Title 28, 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 shall be fined in
accordance with this title or imprisoned not more than 10 years,
or both.

You are again reminded that, if is determined that you have
knowingly made a frivolous application for asylum, you can be
permanently ineligible for any benefits under the INA. (See
section 208(d)(6) of the INA.)
According to regulations at 8 CFR sections 208.20 and 1208.20, an
application is frivolous if any of its material elements is deliberately
fabricated. Again, please note that you may not avoid a frivolous
finding simply because someone advised or told you to provide false
information on your asylum application.

V1. Required Documents and Required
Number of Copies That You Must
Submit With Your Application
You must submit the following documents to apply for asylum and
witholding of removal:
(1) The completed, signed original and two copies of your
completed application, Form I-589, and the original and two
copies of any supplementary sheets and supplementary
statements. If you choose to submit additional supporting
material, see Page 7 of the Instructions, Part 1: Filing
Instructions, Section VII, "Additional Evidence That You
Should Submit." You must include three copies of each
document. You should make and keep an additional copy of the
completed application for your own records.
(2) An additional copy of your completed application, Form
I-589, with supplementary statements, for each family member
listed in Part A. II. whom you want to have included in your
application.
(3) Three copies of primary or secondary evidence of
relationship, such as birth or school records of your children,
marriage certificate, or proof of termination of marriage, for
each family member listed in Part A. II. whom you want to have
included in your application.
NOTE: If you submit an affidavit, you must submit the
original and two copies. (For affidavit requirements, see Pages
4 and 5 of the Instructions, Part 1: Filing Instructions, Section
V, "Completing the Form," Part A. II.)

Form I-589 Instructions (Rev. 02/28/08 ) Y Page 6

(4) One passport-style photograph of yourself and of each family
member listed in Part A. II. who is included in your application.
The photos must have been taken no more than 30 days before
you file your application. Using a pencil, print the person's
complete name and A- Number (if any) on the back of his or
her photo.
(5) Three copies of all passports or other travel documents
(cover to cover) in your possession and three copies of any
U.S. immigration documents, such as a Form I-94, ArrivalDeparture Record, for you and each family member included in
your application, if you have such documents.
(6) If you have other identification documents (for example, birth
certificate, military or national identification card, driver's
license, etc.), it is recommended that you submit three copies
with your application and bring the original(s) with you to the
interview.
Documents filed with this application should be photocopies. If
you choose to send an original document, USCIS or the Immigration
Court may keep that original document for its records.
Translation of documents not in English is required. Any
document in a language other than English must be accompanied by
an adequate English translation that the translator has certified as
complete and correct and by the translator's certification that he or
she is competent to translate into English the language used in the
document.

VII. Additional Evidence
That You Should Submit
You should submit reasonably available corroborative evidence
showing (1) the general conditions in the country from which you are
seeking asylum and (2) the specific facts on which you are relying to
support your claim.
If evidence supporting your claim is not reasonably available or you
are not providing such corroboration at this time, you must explain
why, using the Supplement B Form or additional sheets of paper.
Supporting evidence may include but is not limited to newspaper
articles, affidavits of witnesses or experts, medical and/or
psychological records, doctors' statements, periodicals, journals,
books, photographs, official documents, or personal statements or
live testimony from witnesses or experts.
If you have difficulty discussing harm you have suffered in the past,
you may wish to submit a health professional's report explaining this
difficulty.

VIII. Fee
There is no fee for filing this application.

XI. Biometrics, Including Fingerprints
and Photographs
Applicants for asylum are subject to a biometrics check of all
appropriate records and other information databases maintained by
the Attorney General and Secretary of State.

You and your eligible spouse or children over the age of 14 years
listed on your asylum application must provide biometrics. You and
your spouse and children will be given instructions on how to
complete this requirement. You will be notified in writing of the time
and location of the Application Support Center where you must go to
be fingerprinted and photographed.
If filing with USCIS, unexcused failure to appear for a scheduled
appointment or to provide your required biometrics, including
fingerprints and photograph, or to provide other biographical
information within the time allowed, may delay eligibility for
employment authorization and/or result in an aslyum officer
dismissing your asylum application or referring it to an immigration
judge. For applicants before an immigration judge, such failure
without good cause may constitute an abandonment of your asylum
application and result in the denial of employment authorization.
(See 8 CFR section 1003.47(d)).
At the time you file your Form I-589, Application for Asylum and
for Withholding of Removal, you must submit photographs as
specified on Page 6 of the Instructions, Part 1: Filing Instructions,
Section VI, "Required Documents and Required Number of Copies
That You Must Submit With Your Application."

X. Organizing Your Application
Put your application together in the following order, forming one
complete package (if possible, secure with binder clips and rubber
bands so that material may be easily separated):
(1) Your original Form I-589, with all questions completed, and the
application signed by you in Part D and signed by any preparer
in Part E; and
(2) One passport-style photograph of you stapled to the form at
Part D.
Behind your original Form I-589, attach in the following order:
(1) One Form G-28, Notice of Entry of Appearance as Attorney or
Representative, signed by you and the attorney or representative,
if you are represented by an attorney or representative;
(2) The originals of all supplementary sheets and supplementary
statements submitted with your application;
(3) One copy of any additional supporting documentation;
(4) One copy of the evidence of your relationship to your spouse and
unmarried children under 21 years of age to be included in your
application, if any; and
(5) Two copies of the items listed above in your original package,
except your photograph.
If you are including family members in your application, attach one
additional package for each family member. Arrange each family
member's package as follows:
(1) One copy of your completed, signed Form I-589 and
supplementary sheets submitted with the original application. In
Part A. II., staple in the upper right corner one passport-style
photo of the family member to be included; and
(2) One copy of Form G-28, if any.

Form I-589 Instructions (Rev. 02/28/08) Y Page 7

For example, if you include your spouse and two children, you
should submit your original package, plus two duplicates for you,
plus one package for your spouse and one package for each child, for
a total of six packages. Be sure each has the appropriate
documentation.

NOTE: Any additional pages submitted should include your printed
name (exactly as it appears in Part A. I. of the form), A Number (if
any), signature and date.

XI. Incomplete Asylum Applications
An asylum application that is incomplete will be returned to you by
mail within 30 days of receipt of the application by USCIS. An
application that has not been returned to you within 30 days of
having been received by USCIS will be considered complete, and
you will receive written acknowledgement of receipt from USCIS.
The filing of a complete application starts the 150-day period you
must wait before you may apply for employment authorization. If
your application is not complete and is returned to you, the 150-day
period will not begin until you resubmit a complete application. (See
Page 10 of the Instructions, Part 2: Information Regarding PostFiling Requirements, Section V, "Employment Authorization," for
further information regarding eligibility for employment
authorization.)
An application will be considered incomplete in each of the
following cases:
(1) The application does not include a response to each of the
questions contained in the Form I-589;
(2) The application is unsigned;
(3) The application is submitted without the required photograph;
(4) The application is sent without the appropriate number of copies
for any supporting materials submitted; or
(5) You indicated in Part D that someone prepared the application
other than yourself or an immediate family member and the
preparer failed to complete Part E of the asylum application.

XII. Where to File?
Although USCIS will confirm in writing its receipt of your
application, you may wish to send the completed forms by registered
mail (return receipt requested) for your own records.
If you are in proceedings in Immigration Court:
If you are currently in proceedings in Immigration Court (that is, if
you have been served with Form I-221, Order to Show Cause and
Notice of Hearing; Form I-122, Notice to Applicant for Admission
Detained for Hearing Before an Immigration Judge; Form I-862,
Notice to Appear; or Form I-863, Notice of Referral to Immigration
Judge), you are requried to file your Form I-589 with the Immigration
Court having jurisdiction over your case.
At the Master Calendar hearing, counsel for DHS will provide you
with a form entitled Instructions For Submitting Certain Applications
In Immigration Court and For Providing Biometric and Biographical
Information to U.S. Citizenship and Immigration Services (Pre-Filing
Instructions) that you must follow. The Pre-Filing Instructions may
also be obtained at http://www.uscis.gov. The following paragraphs
describe the Pre-Filing Instructions that you will have to follow.
In addition to filing your Form I-589, Application for Asylum and for
Withholding of Removal, with the immigration judge and serving a
copy on the appropriate Immigration and Customs Enforcement
(ICE) Office of Chief Counsel, you must also complete the following

requirements before the immigration judge can grant relief or
protection in your case.
Send the following three items to the address below:
(1) A clear copy of the first three pages of your completed Form
I-589 that you will be filing or have filed with the Immigration
Court, which must include your full name, current residential
address, current mailing address and A Number. Do not
submit any documents other than the first three pages of the
completed Form I-589;
(2) A copy of Form EOIR-28, Notice of Entry of Appearance as
Attorney or Representative Before the Immigration Court, if
you are represented; and
(3) A copy of the Pre-Filing Instructions provided by counsel for
DHS that you received at your first Master Calendar hearing in
immigration removal proceedings.
USCIS Nebraska Service Center
Defensive Asylum Application With Immigration Court
P.O. Box 87589
Lincoln, NE 68501-7589
Please note that there is no filing fee required for Form I-589
applications.
After the three items are received at the USCIS Nebraska Service
Center, you will receive:
(1) A USCIS receipt notice indicating that USCIS received your
Form I-589 application and
(2) An Application Support Center (ASC) notice for you and any
eligible spouse and children included in your Form I-589
application who are also in removal proceedings. Each ASC
notice will indicate the individual's unique receipt number and
will provide instructions for each person to appear for an
appointment at a nearby ASC for collection of biometrics (such
as your photograph, fingerprints and signature). If you do not
receive the ASC notice in three weeks, call 1-800-375-5283.
NOTE: If you also mail applications for other forms of relief that
you are applying for while in removal proceedings, as specified by
the Pre-Filing Instructions (see side B) provided by counsel for DHS
at your Master Calendar hearing, you will receive two notices with
different receipt numbers. You must wait for and take both
scheduling notices to your ASC appointment.
You (and your eligible spouse and children) must then:
(1) Attend the biometrics appointment at the ASC and obtain a
biometrics confirmation document before leaving the ASC
and
(2) Retain your ASC biometrics confirmation as proof that your
biometrics were taken and bring it to your future Immigration
Court hearings.
NOTE: If the instructions above should change for submitting
copies of the first three pages of your asylum application to the
USCIS Nebraska Service Center for purposes of receiving the
receipt notice and ASC scheduling appointment, you will be
provided the changed instructions, either at the Master Calendar
hearing or at another point in the Immigration Court proceedings.
Please follow the instructions you are provided, or else you may not
receive the ASC biometrics scheduling notice in a timely manner.

Form I-589 Instructions (Rev. 02/28/08) Y Page 8

(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 proceedings pursuant to 8 CFR § 208.2(c) 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 your case.

If you are in proceedings before the Board of Immigration
Appeals:
You may file your Form I-589 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-589
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.

If you are not in proceedings in Immigration Court or
before the Board of Immigration Appeals:
Mail your completed Form I-589 and any other additional
information to the USCIS Service Center as indicated below.
If you live in Alabama, Arkansas, Colorado, Commonwealth of
Puerto Rico, District of Columbia, Florida, Georgia, Louisiana,
Maryland, Mississippi, New Mexico, North Carolina, Oklahoma,
western Pennsylvania in the jurisdiction of the Pittsburgh
Suboffice*, South Carolina, Tennessee, Texas, U.S. Virgin Islands,
Utah, Virginia, West Virgina or Wyoming, mail your application to:
USCIS Texas Service Center
Attn: Asylum
P.O. Box 851892
Mesquite, TX 75185-1892
If you live in Alaska, northern California*, Idaho, Illinois, Indiana,
Iowa, Kansas, Kentucky, Michigan, Minnesota, Missouri, Montana,
Nebraska, northern Nevada in the jurisdiction of the Reno
Suboffice*, North Dakota, Ohio, Oregon, South Dakota, Washington
or Wisconsin, mail your application to:
USCIS Nebraska Service Center
P.O. Box 87589
Lincoln, NE 68501-7589
You may also file your Form I-589 directly with the Immigration
Court in the following circumstances:

If you live in Arizona, southern California*, Hawaii, southern
Nevada in the jurisdiction of the Las Vegas Suboffice* or the
Territory of Guam, mail your application to:
USCIS California Service Center
P.O. Box 10589
Laguna Niguel, CA 92607-0589
If you live in Connecticut, Delaware, Maine, Massachusetts, New
Hampshire, New Jersey, New York, eastern Pennsylvania
excluding the jurisdiction of the Pittsburgh Suboffice*, Rhode
Island or Vermont, mail your application to:
USCIS Vermont Service Center
Attn: Asylum
75 Lower Welden Street
St. Albans, VT 05479-0589
*NOTE: For applicants in the states of California, Nevada and
Pennsylvania who may be unsure of which Service Center to use for
mailing applications, call the USCIS National Customer Service
Center or your local asylum office for more specific information.
The National Customer Service Center and the asylum offices
serving those states are listed below with their public information
numbers:
National Customer Service Center:
Toll Free Number
800-375-5283
TDD Hearing Impaired
800-767-1833
For California or Nevada:
Los Angeles Asylum Office
San Francisco Asylum Office

714-808-8199
415-293-1234

For Pennsylvania:
Newark Asylum Office
Arlington Asylum Office

201-531-0555
703-235-4100

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

Form I-589 Instructions (Rev. 02/28/08) Y Page 9

The following categories of individuals are not entitled to an asylum
interview at a USCIS Asylum Office:
(1) Certain alien crewmembers;
(2) Certain stowaways;
(3) Visa Waiver Program applicants for admission;
(4) Visa Waiver Program overstays and status violators;
(5) Certain aliens ordered removed under section 235(c) of the INA
on security related grounds; and
(6) Certain non-immigrants admitted pursuant to section
101(a)(15)(S) of the INA (e.g., witnesses and informants).
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.

The address that you provide on the application, or the last change
of address notification that you submitted, will be used by USCIS
for mailing. Any notices mailed to that address will constitute
adequate service, except that personal service may be required for
the following: Form I-122, Notice to Alien Detained for Hearing by
an Immigration Judge; Form I-221, Order to Show Cause; Form
I-862, Notice to Appear; Form I-863, Notice of Referral to
Immigration Judge; and Form I-860, Notice and Order of Expedited
Removal.
If you are already in proceedings in Immigration Court, you
must notify the Immigration Court on EOIR Form 33, Alien's
Change of Address Card, of any changes of address within five
days of the change in address. You must send the notification to
the Immigration Court having jurisdiction over your case. You
must also notify USCIS on Form AR-11, Alien's Change of Address
Card, or by a signed and dated letter within ten days after you
change your address.

II. Asylum Interview Process
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 not in proceedings in Immigration Court, you will be
notified by the USCIS asylum office of the date, time and place
(address) of a scheduled interview.

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.

You have the right to legal representation at your interview, at no
cost to the U.S. Government. (See Page 4 of the Instructions, Part I:
Filing Instructions, Section IV, "Right to Counsel.") You also may
bring witnesses with you to the interview to testify on your behalf.

Part 2. Information Regarding
Post-Filing Requirements
I. Notification Requirements
When Your Address Changes
If you change your address, you must inform USCIS in writing
within ten days of moving.
While your asylum application is pending before the asylum
office, you must notify the asylum office on Form AR-11, Alien's
Change of Address Card, or by a signed and dated letter
notifying USCIS within ten days after you change your address.

USCIS suggests that you bring a copy of your Form I-589 asylum
application with you when you have your asylum interview. An
asylum officer will interview you under oath and make a
determination concerning your claim. In most cases, you will not be
notified of the decision in your case until a date after your interview.

If you are unable to proceed with the asylum interview in fluent
English, you must provide, at no expense to USCIS, a competent
interpreter fluent in both English and a language that you speak
fluently.
Your interpreter must be at least 18 years of age. The following
persons cannot serve as your interpreter: your attorney or
representative of record, a witness testifying on your behalf at the
interview or a representative or employee of your country. Quality
interpretation may be crucial to your claim. Such assistance must be
obtained at your expense prior to the interview.
Failure without good cause to bring a competent interpreter to
your interview may be considered an unexcused failure to
appear for the interview. Any unexcused failure to appear for
an interview may prevent you from receiving employment
authorization, and your asylum application may be dismissed or
referred directly to the Immigration Court.
If you are hearing-impaired and require the services of a sign
language interpreter in your language, one will be provided for you.
Please contact the asylum office with jurisdiction over your case as
soon as you receive a notice for your asylum interview to notify the
office that you will need a sign language interpreter in your
language, so that accommodations can be made in advance.
Form I-589 Instructions (Rev. 02/28/08) Y Page 10

If available, you must bring some form of identification to your
interview, including any passport(s), other travel or identification
documents or Form I-94, Arrival-Departure Record. You may bring
to the interview any additional available items documenting your
claim that you have not already submitted with your application. All
documents must be submitted in triplicate.
If members of your family are included in your application for
asylum, they must also appear for the interview and bring any
identity or travel documents they have in their possession.

III. Status While Your Application Is Pending
While your case is pending, you will be permitted to remain in the
United States. After your asylum interview, if you have not been
granted asylum and appear to be removable under section 237 of the
INA, 8 U.S.C. 1227, or inadmissible under section 212 of the INA,8
U.S.C. 1182, your application will be referred to the Immigration
Court by the asylum office.

Each family member whom you have asked to be included in your
application and who also wants permission to work must submit a
separate Form I-765.
You may obtain copies of Form I-765 by calling the USCIS forms
line at 1-800-870-3676 or from the USCIS website at: http://www.
uscis.gov.

VI. Privacy Act Notice
and General Information
The authority to collect this information is contained in Title 8 of the
United States Code. Furnishing the information on this form is
voluntary; however, failure to provide all of the requested
information may result in the delay of a final decision or denial of
your request.

Do You Need Forms or Information?

IV. Travel Outside the United States
If you leave the United States without first obtaining advance parole
from USCIS using Form I-131, Application for a Travel Document,
it will be presumed that you have abandoned your application. If
you obtain advance parole and return to the country of claimed
persecution, it will be presumed that you abandoned your
application, unless you can show that there were compelling reasons
for your return.
NOTE: The application process for advance parole varies
depending on your personal circumstances. Using InfoPass, check
with your local USCIS District Office for application instructions.
Additional information on obtaining advance parole is available
from the USCIS website at http://www.uscis.gov.

V. Employment Authorization While
Your Application Is Pending
You will be granted permission to work if your asylum application
is granted.
Simply filing an application for asylum does not entitle you to
employment authorization. You may request permission to work if
your asylum application is pending and 150 days have lapsed since
your application was accepted by USCIS or the Immigration Court.
(See 8 CFR sections 208.7(a)(1) and 1208.7(a)(1).) Any delay in the
processing of your asylum application that you request or cause
shall not be counted as part of the 150-day period.
If your asylum application has not been denied within 180 days from
the date of filing a complete asylum application, you may be granted
permission to work by filing Form I-765, Application for
Employment Authorization, with USCIS. Follow the instructions on
that application and submit it with a copy of evidence as specified in
the instructions that you have a pending asylum application.

To order USCIS forms, call our toll-free forms line at
1-800-870-3676. You can also order USCIS forms and obtain
information on immigration laws, regulations and procedures by
telephoning our National Customer Service Center toll-free at
1-800-375-5283 or visiting the USCIS website at www.uscis.gov.

VII. Paperwork Reduction Act Notice
Under the Paperwork Reduction Act, an agency may not conduct or
sponsor an information collection and a person is not required to
respond to a collection of information unless it displays a currently
valid OMB control number.
We try to create forms and instructions that are accurate, can be
easily understood and that impose the least possible burden on you to
provide us with information. Often this is difficult because some
immigration laws are very complex.
The estimated average time to complete and file this application is as
follows: (1) 2 hours to learn about the form, (2) 5 hours to complete
the form and (3) 5 hours to assemble and file the application, for the
total estimated average burden hours of 12 hours per application.
The estimated time to complete the form will vary depending on the
complexity of your individual circumstances.
If you have comments regarding the accuracy of this estimate or
suggestions for making this form simpler, write to U.S. Citizenship
and Immigration Services, Regulatory Management Division, 111
Massachusetts Avenue, N.W., 3rd Floor, Suite 3008, Washington,
DC 20529, OMB No. 1615-0067. Do not mail your completed
application to this Washington, D.C., address.

Supplements to Form I-589.
Form I-589, Supplement A - For use to complete Part A. II.
Form I-589, Supplement B - For use to complete Parts B and C and
to provide additional information for any other part of the
application.
Form I-589 Instructions (Rev. 02/28/08) Y Page 11