Application for Asylum and for Withholding of Removal

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

OMB No. 1615-0067; Expires 03/31/10

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?

Additional Information on Web Sites

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.

Additional information concerning asylum and withholding of
removal is available on the following Web sites: 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.

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.)

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application is later withdrawn.

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 applications. If
you are granted asylum and your spouse and/or any
unmarried children under 21 years of age 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.

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
USCIS 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.

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.")

Form I-589 Instructions (Rev. 04/07/09) 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

2

II.

Basis of Eligibility
A. Asylum
B. Withholding of Removal
C. Deferral of Removal Under
the Convention Against Torture
D. Legal Sources Relating to Eligibility

2
2

III.

Confidentiality

IV.

Right to Counsel

4
4

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
4

5
5
5
6
6

Part D.
Part E.

Information About Your Application
Additional Information About Your
Application
Your Signature
Your Signature and Statement

Part E.

Interpreter Signature and Statement

7

Part E.

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

7

Part F.

To Be Completed at Asylum Interview, If
Applicable

7

To Be Completed at Removal Hearing, If
Applicable

8

Part G.
VI.

3

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

7
7

8
8

VIII. Fee

9

IX.
X.

Biometrics, Including Fingerprints and Photographs
Organizing Your Application

9

XI.

Incomplete Asylum Applications

9

Part 2. Information Regarding Post-Filing
Requirements

9
10
12

I.

Notification Requirements When Your
Address Changes

12

II.

Asylum Interview Process

13

III.

Status While Your Application Is Pending

13

IV.

Travel Outside the United States

14

V.

Employment Authorization While Your
Application Is Pending

14

Privacy Act Notice

14

VI.

VII. Paperwork Reduction Act Notice
Supplements to Form I-589

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

6

VII. Additional Evidence That You Should Submit

XII. Where To File?

I. Who May Apply and Filing Deadlines

14

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.

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.)
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.

14

Form I-589 Instructions (Rev. 04/07/09) Y Page 2

B. Withholding of Removal
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;
2. Have persecuted another person;
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;
4. Are considered for serious reasons to have committed a
serious non-political crime outside the United States; or
5. Represent a danger to the security of the United States.
(see section 241(b)(3) of the INA; 8 CFR sections
208.16 and1208.16.)

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, 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.
Form I-589, 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.
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.
You must include a detailed explanation of why you fear
torture in response to Part B, Question 4 of the application. In
your response, you must write about any mistreatment you
experienced or any threats made against you by a government
or somebody connected to a government.

Form I-589 Instructions (Rev. 04/07/09) Y Page 3

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");
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);
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 deferral 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)
Web site at: http://www.usdoj.gov/eoir/probono/states.htm.
Form I-589 Instructions (Rev. 04/07/09) Y Page 4

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 Web site, 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
Web site: http://www.unhcr.org
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.

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 Form I-589 Supplement A or B (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: 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.

Part A. I. Information About You
This part asks for basic information about you. "Alien
Registration Number" (A-Number) refers to your USCIS file
number. If you do not already have an A-Number, USCIS
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, 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 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.

Part A. II. Spouse and Children
You must 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 21 years of
age 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.
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.

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.

Form I-589 Instructions (Rev. 04/07/09) Y Page 5

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:
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 Form I-589 Supplement
B 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 Form I-589.

Part A. III.

Information About Your Background

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 must be in reverse chronological order
starting with your current residence, education, and
employment and working back in time.

Part B. Information About Your Application
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, check the box(es) next to the
reason(s) that you are completing this application. For all
other questions, cheek "Yes" or "No" in the box provided.
If you answer "Yes" to any question, explain in detail using
Form I-589 Supplement B or additional sheets of paper, as
needed.
You must 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 must 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
Form I-589 Supplement B 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:

Form I-589 Instructions (Rev. 04/07/09) Y Page 6

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.
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
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.
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.)
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.) Note that you may not
avoid a frivolous finding simply because someone advised or
told you to provide false information on your asylum
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.
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.

Form I-589 Instructions (Rev. 04/07/09) Y Page 7

Part G. To Be Completed at Removal Hearing,
If Applicable
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.
NOTE: You must, however, sign Part D of the application.
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, 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

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 ANumber (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, Arrival-Departure 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.), we recommend
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.

Translations
You must submit the following documents to apply for asylum
and withholding 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.)

Any document containing foreign language submitted to
USCIS must be accompanied by a full English language
translation that the translator has certified as complete and
accurate, and by the translator's certification that he or she is
competent to translate from the foreign language into English.

VII. Additional Evidence That You Must
Submit
You must 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 Form I-589 Supplement B 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.
Form I-589 Instructions (Rev. 04/07/09 ) Y Page 8

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 U.S. Attorney General and U.S. Secretary
of State.
You and your eligible spouse or children over 14 years of age
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, 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."

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.
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.

X. Organizing Your Application

XI. Incomplete Asylum Applications

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):

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.

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.

Form I-589 Instructions (Rev. 04/07/09) Y Page 9

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 Post-Filing
Requirements, Section V, "Employment Authorization," for
further information regarding eligibility for employment
authorization.)

In addition to filing your Form I-589 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.

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 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.

USCIS Nebraska Service Center
Defensive Asylum Application With
Immigration Court
P.O. Box 87589
Lincoln, NE 68501-7589

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 required 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.

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; and

2.

An Application Support Center (ASC) notice for you
and any eligible spouse and children included in your
Form I-589 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 3 weeks, call 1-800-375-5283.

Form I-589 Instructions (Rev. 04/07/09) Y Page 10

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. Follow the instructions you
are provided, or else you may not receive the ASC biometrics
scheduling notice in a timely manner.
1. After completion of exclusion, deportation, or removal
proceedings, and in conjunction with a motion to reopen
under 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 under 8 CFR 208.2(c) and 1208.2(c) and
after Form I-863, Notice of Referral to Immigration
Judge, has been served on you and filed with the
Immigration Court, an immigration judge will have
exclusive jurisdiction over your case.

Mail your completed Form I-589 and any other additional
information to the USCIS Service Center as indicated below.
If you previously applied for and were denied asylum by
USCIS or if you were previously included in a spouse's or
parent's pending application but you are no longer eligible to
be included as a dependent, mail your completed I-589 to the
Asylum Office having jurisdiction over your place of
residence. (See www.uscis.gov/asylum for information on
Asylum Office jurisdiction.) Include a letter with your
application stating that you previously applied for asylum and
were denied or that you are now filing independently for
asylum. Reference in the letter the application on which you
were a dependent.
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 Virginia, 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

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

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

You may file your Form I-589 with the Board of Immigration
Appeals in conjunction with a motion to remand or reopen
under 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 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 are not in proceedings in Immigration Court or
before the Board of Immigration Appeals:
Form I-589 Instructions (Rev. 04/07/09) Y Page 11

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 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 Web
site 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 applicant. In such cases, you
must include a cover letter referencing the previous
application and explaining that you are now
independently filing for asylum.

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 nonimmigrants admitted under section101(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 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.
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 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 Form I-589 as well as information about the privilege of
being represented by counsel and 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.

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 10 days of moving.

Form I-589 Instructions (Rev. 04/07/09) Y Page 12

While your asylum application is pending with 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 10 days
after you change your address.
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 5 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 10 days after you change your address.

II. Asylum Interview Process
If you are not in proceedings in Immigration Court, you will
be notified by the USCIS Asylum Office of the time, date,
and place (address) of a scheduled interview.
USCIS suggests that you bring a copy of your Form I-589
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.
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.

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. 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.
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.

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.

Form I-589 Instructions (Rev. 04/07/09) Y Page 13

IV. Travel Outside the United States

VI. Privacy Act Notice and General Information

If you leave the United States without first obtaining advance
parole from USCIS using Form I-131, Application for a
Travel Document, we will presume that you have abandoned
your application. If you obtain advance parole and return to
the country of claimed persecution, we will presume that you
abandoned your application, unless you can show that there
were compelling reasons for your return.

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.

NOTE: The application process for advance parole varies
depending on your personal circumstances. Use InfoPass on
the USCIS Web site to check with your local USCIS District
Office for application instructions. Additional information on
obtaining advance parole is available from USCIS Web site 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 will 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.

Do You Need Forms or Information?
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 Web
site at www.uscis.gov.

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. The public reporting burden for this
collection of information is estimated at 12 hours per
response, including the time for reviewing instructions and
completing and submitting the form. Send comments
regarding this burden estimate or any other aspect of this
collection of information, including suggestions for reducing
this burden, to: U.S. Citizenship and Immigration Services,
Regulatory Products Division, 111 Massachusetts Avenue,
N.W., 3rd Floor, Suite 3008, Washington, DC 20529-2210,
OMB No. 1615-0067. Do not mail your application to this
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.

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 Web site at:
http://www.uscis.gov.

Form I-589 Instructions (Rev. 04/07/09) Y Page 14