Application for Asylum and for Withholding of Removal

I589-INS-GlobalAsylumNPRM

Application for Asylum and for Withholding of Removal

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Department of Homeland Security
U.S. Citizenship and Immigration Services
Department of Justice
U.S. Executive Office for Immigration Review

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

What Is the Purpose of This Form?
This form is used to apply for asylum in the United States under
section 208 of the Immigration and Nationality Act (INA), for
withholding of removal under section 241(b)(3) of the INA
(statutory withholding of removal (formerly called "withholding
of deportation")), and for protection under the regulations
issued pursuant to the legislation implementing U.S. obligations
under the Convention Against Torture and Other Cruel,
Inhuman or Degrading Treatment or Punishment (CAT) (CAT
regulations). You may file this application if you are physically
present in the United States, and you are not a U.S. citizen.

If an asylum officer determines that you have knowingly
made a frivolous application for asylum, that determination
may be used as a basis for the institution of, or as evidence
in, removal proceedings. If an immigration judge or the
Board of Immigration Appeals, pursuant to a final
administrative order, determines that you have knowingly
made a frivolous application for asylum, you will be
permanently ineligible for any benefits under the INA. See
section 208(d)(6) of the INA.

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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 Part C., Additional Information about
Your Application, in Section V on Part 1 of the instructions
for further explanation.)

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.

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
Section IV, Right to Counsel, in Part I of these instructions.)

WARNING: Applicants in the United States unlawfully are
subject to removal if their asylum or withholding claims are
not granted by an asylum officer or an immigration judge.
Any information provided in completing this application
may be used as a basis for the institution of, or as evidence
in, removal proceedings, even if the application is later
withdrawn.

The definition of a frivolous asylum application is available
in the Code of Federal Regulations at 8 CFR sections 208.20
and 1208.20. (See Section IV, Right to Counsel, in Part 1. of
these instructions.) You may not avoid a frivolous finding
simply because someone advised you to provide false
information in your asylum application.

If filing with U.S. Citizenship and Immigration Services
(USCIS), unexcused failure to appear for an appointment or
to provide biometrics (such as fingerprints) and other
biographical information within the time allowed or
unexcused failure to appear for an asylum interview 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, 208.13(d), 1208.13(d), 208.20,
1003.47(d), and 1208.20.

Table of Contents
Part 1. Filing Instructions ................................................................
I. Who May Apply and Filing Deadlines ..................................
II. Basis of Eligibility ..................................................................
A. Asylum ..........................................................................
B. Withholding of Removal ..................................................

2
2
3
3
3

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

4
4
5
5
5
6
6

Part A.III. Information About Your
Background ........................................................ 7
Part B.
Information About Your
Application ........................................................ 7
Form I-589 Instructions 09/10/19

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Table of Contents (continued)
C. Additional Information About
Your Application .......................................................... 7
D. Your Signature ................................................................ 9
E. Signature of Person Preparing
Form, If Other than You ................................................ 9
F. To Be Completed at Asylum
Interview, If Applicable ................................................ 9
G. To Be Completed at Removal
Hearing, If Applicable .................................................. 9
VI.

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.

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Required Documents and Required
Number of Copies That You Must
Submit With Your Application ............................................. 10
VII. Additional Evidence That You
Should Submit ..................................................................... 10
VIII. Fee ........................................................................................ 10
IX. Biometrics, Including Fingerprints
and Photographs .................................................................. 10
X.
Organizing Your Application ............................................. 11
XI. Incomplete Asylum Applications ........................................ 11
XII. Where To File? ..................................................................... 12
Part 2. Information Regarding Post-Filing Requirements ........ 14
I.
Notification Requirements
When Your Address Changes ............................................. 14
II.
Asylum Interview Process .................................................. 14
III. Status While Your Application Is Pending .......................... 15
IV. Travel Outside the United States .......................................... 15
V.
Employment Authorization While
Your Application Is Pending ................................................ 15
DHS Privacy Notice ........................................................................ 15
USCIS Forms and Information ..................................................... 16
Penalties .......................................................................................... 16
Paperwork Reduction Act ............................................................. 16
Supplements to Form I-589 ............................................................. 16

Part 1. Filing Instructions

I. Who May Apply and Filing Deadlines
You may apply for asylum irrespective of your immigration
status and even if you are in the United States unlawfully unless
otherwise provided by statute or regulations.
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 Section IV, Right to Counsel, in
Part I of these instructions.)

Form I-589 Instructions 09/10/19

An Unaccompanied Alien Child (UAC) is a legal term referring
to a non-U.S. citizen child who has no lawful immigration
status in the United States; has not attained 18 years of age; and
has no parent or legal guardian in the United States, or for
whom no parent or legal guardian in the United States is
available to provide care and physical custody. See 6 U.S.C.
279(g)(2). The Asylum Division has initial jurisdiction over an
asylum application filed by a UAC, including a UAC in
removal proceedings before an immigration judge. For more
information about the asylum process for UAC, visit the USCIS
asylum website at www.uscis.gov/humanitarian/refugeesasylum/asylum/minor-children-applying-asylum-themselves.

Detailed UAC filing instructions are found in Part 1, Section
XII of these instructions.
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
statutory withholding of removal or withholding of removal
under the CAT regulations before the Immigration Court.

Pursuant to 48 U.S.C. 1806(A)(7) and the Northern Mariana
Islands Workforce Act of 2018, if you are physically present in,
or arriving in the Commonwealth of the Northern Mariana
Islands, you may not apply for asylum until January 1, 2030;
however, you may use Form I-589, Application for Asylum and
for Withholding of Removal, to apply for withholding of
removal and for protection from removal under the Convention
Against Torture in Immigration Court proceedings.

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II. Basis of Eligibility
A. Asylum
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 if you have
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 (known as protected grounds) was or will
be the basis for why you were harmed or fear future harm.
(See section 208 of the INA; 8 CFR sections 208 and 1208,
et seq.) The definitions of particular social group, political
opinion, persecution, and nexus are available at 8 CFR 208.1
and 1208.1.

Have persecuted another person;

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 and 1208.16.

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You will not be found to be a refugee or have it decided
that your life or freedom would be threatened based on
membership in a particular social group in any case unless
you first articulate on the record, or provide a basis on the
record for determining, the definition and boundaries of the
alleged particular social group. A failure to define, or
provide a basis for defining, a formulation of a particular
social group before an immigration judge shall waive any
such claim for all purposes under the Act, including on
appeal, and any waived claim on this basis shall not serve
as the basis for any motion to reopen or reconsider for any
reason, including a claim of ineffective assistance of
counsel. See 8 CFR 208.1(c), 1208.1(c).
Asylum is a discretionary benefit, which means that even if
you meet the definition of a refugee and are otherwise
eligible for asylum, you may be denied asylum in the
exercise of discretion. See 8 CFR 208.13(d), 1208.13(d).

If you are granted asylum, you and any eligible spouse or
child included in your application can 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.
B. Withholding of Removal
Your asylum application is also considered to be an
application for statutory withholding of removal. It may
also be considered an application for withholding of removal
under the CAT regulations if you checked the box at the top
of Page 1 of the 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 these two
forms of withholding of removal.

Statutory Withholding of Removal Under Section 241(b)(3)
of the INA

To qualify for statutory withholding of removal, 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. See 8 CFR 1208.16(b). The
definitions of particular social group, political opinion,
persecution and nexus applicable to asylum also apply to
statutory withholding of removal. See 8 CFR 1208.1.
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 apply for lawful permanent
resident status in the United States.
Withholding of Removal Under the CAT Regulations
To be granted withholding of removal to a country under the
CAT regulations, you must show that it is more likely than not
that you would be tortured in that country.
"Torture" is defined at 8 CFR sections 208.18(a) and
1208.18(a), which incorporate the definitions in Article 1 of the
Convention against Torture as implemented in U.S. law. 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 defined 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

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 09/10/19

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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 acting in an official
capacity or other person acting in an official capacity. Torture
inflicted by a public official who is not acting under the color of
the law (“rogue official”) is not considered torture inflicted by
or at the instigation of, or with the consent or acquiescence of a
public official.

If you indicate that you experienced or fear torture by someone
acting at the instigation of, or with the consent or acquiescence
of, a public official acting in an official capacity or other person
acting in an official capacity, you must explain whether and
how a public official acting in an official capacity or other
person acting in an official capacity had awareness of the
activity and breached his or her legal responsibility to intervene
to prevent such activity.
Only immigration judges and the Board of Immigration Appeals
may grant withholding of removal or deferral of removal under
the CAT regulations. If you have applied for asylum, the
immigration judge will first determine whether you are eligible
for asylum and for statutory withholding of removal. If you are
not eligible for either asylum or statutory withholding of
removal, the immigration judge will determine whether the
CAT regulations prohibit your removal to a country where you
fear torture.

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Acquiescence of a public official requires that a public official
have awareness of the activity and thereafter breach his or her
legal responsibility to intervene to prevent such activity.
Awareness requires a finding of actual knowledge or willful
blindness.

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.
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 CAT regulations if you indicate in the
application and to the immigration judge that you would like to
be considered for withholding of removal under the CAT
regulations, 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 CAT
regulations, you must check the box at the top of Page 1 of the
application and fully complete Form I-589.

If you apply for withholding of removal under the CAT
regulations, you must include a detailed explanation of any
torture you have experienced and why you fear torture in
response to Part B, Question 4.A. and 4.B. of the application.
In your response, you must write about any extreme form of
cruel or inhuman treatment, severe physical or mental pain and
suffering, mistreatment you experienced, or any threats made
against you by a government, somebody connected to a
government, or someone acting at the instigation of, or with the
consent or acquiescence of, a public official acting in an official
capacity or other person acting in an official capacity.

The CAT regulations prohibit the United States from removing
you to a country in which it is more likely than not that you
would be subject to torture. They do 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 CAT regulations 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 CAT Regulations
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 and Guidance Relating to Eligibility
The documents listed below are some of the legal sources
and guidance relating to asylum, statutory withholding of
removal, and withholding of removal or deferral of removal
under the CAT regulations. 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 statutory withholding of
removal);

Form I-589 Instructions 09/10/19

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4. Title 8 of the CFR parts 208 and 1208, et seq.;
5. Article 3 of the Convention Against Torture and Other
Cruel, Inhuman or Degrading Treatment or Punishment;
6.

Section 2242(a)-(c) or the Foreign Affairs Reform and
Restructuring Act of 1998, Pub. L. No. 105-277, 112
Stat. 2681, 2681 -822 (codified at 8 U.S.C. 1231 note);

8 CFR section 208, as amended, including by
Regulations Concerning the Convention Against
Torture: Interim Rule, 64 FR 8478-8492 (February 19,
1999); 64 FR 13881 (March 23, 1999);

The 1967 United Nations Protocol relating to the
Status of Refugees;

The 1951 Convention relating to the Status of
Refugees; and

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 www.justice.gov/eoir/list-pro-bono-legalservice-providers-map.

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10. 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. No information indicating that you are
seeking or have sought asylum or withholding of removal will be
disclosed without your written consent, except as otherwise
permitted under the regulations at 8 CFR sections 208.6 and
1208.6. For example, upon filing your application, any
information contained in your application, any supporting
evidence, or any information about you, may be disclosed as part
of an investigation or adjudication of the merits of your
application or any other application arising under the immigration
laws, as part of any state or federal criminal investigation,
proceeding, or prosecution, pursuant to any federal mandatory
reporting requirement, to deter, prevent, or ameliorate the effects
of child abuse, as part of any proceeding arising under the
immigration laws, as part of the Government's defense of any
legal action relating to your immigration or custody status, or at
the discretion of the Secretary of Homeland Security or the
Attorney General.

IV. Right to Counsel
Immigration law concerning asylum, statutory withholding of
removal and protection under the CAT regulations 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.

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, a
resource database available on UNHCR's website or at
www.refworld.org, provides useful country conditions
information from a variety of sources. Contact information for
the UNHCR is:
United Nations High Commissioner for Refugees
1800 Massachusetts Avenue NW, Suite 500
Washington, DC 20036
Telephone: 202-296-5191
Email: [email protected]
Website: www.unhcr.org

Calls from Detention Centers and Jails. Asylum-seekers in
detention centers and jails may call UNHCR toll-free by dialing
#566 or 1-888-272-1913 on Monday, Wednesday, and Friday,
2 p.m. - 5 p.m. (Eastern Standard Time).

V. Obtaining and Completing the Form

You may visit the USCIS website at www.uscis.gov/I-589 or
call the USCIS Contact Center at 1-800-375-5283 to obtain
Form I-589. Customers who are deaf or who are hard of
hearing who have TTY equipment may call: 1-800-767-1833.
There is no fee to obtain Form I-589. In order to view, print, or
complete USCIS forms, customers should use the latest version
of Adobe Reader which you can download for free at
http://get.adobe.com/reader.
You must 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. You must provide the specific information requested about
you and your family and 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."
You must provide detailed information and answer the questions
as completely as possible. If you file your application with
missing information, we may return it 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.

Form I-589 Instructions 09/10/19

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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.
You can amend or supplement your application at the time of
your asylum interview with an asylum officer and at your
hearing in Immigration Court by providing additional
information and explanations about your asylum claim.

In addition, you may include 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.
Including your spouse and/or your children in your asylum
application means that if USCIS or EOIR approves your
application, your spouse or children may also be approved. On
the other hand, if you are not approved for asylum, your spouse
or children are also not approved.

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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 8, of the asylum application. You may also provide a
mailing address, if different from the address where you reside,
in Question 9. 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 9. If your
mailing address is a post office box, include that address in
Question 9 and include a residential address where you
physically live in Question 8.
In Question 13, 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 19b is the number on Form
I-94, Arrival-Departure Record, given to you when you entered
the United States. In Question 19c, 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 19c in
the current status or status section.
Part A.II. Spouse and Children
You must list your spouse and all of your children, including
your stepchildren, deceased children, adopted children, and
adult 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 are filing a
separate asylum 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.
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.

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 (for example, 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.

Form I-589 Instructions 09/10/19

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If you submit secondary evidence or affidavits, you must explain
why primary evidence (for example, 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 Form I-589
Supplement A for each additional child or attach additional
pages and documentation providing the same information asked
in Part A.II. of Form I-589.

If you answer “Yes” to Item Number 1. in Part C. and you have
been previously denied asylum by an immigration judge or the
Board of Immigration Appeals, you MUST explain any changes
in circumstances affecting your eligibility for asylum since the
date of the denial in your application. Changed circumstances
may include, but are not limited to, changes in conditions in your
country or in your own circumstances. (See examples of changed
circumstances in this section and 8 CFR 208.4, 1208.4.)
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.

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Part A.III. Information About Your Background

Answer Questions 1 - 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, statutory withholding of removal, or withholding of
removal under the CAT regulations. For 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, in detail, 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.

Form I-589 Instructions 09/10/19

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.

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
statutory withholding of removal or protection under the CAT
regulations.

Adverse Factors related to the Discretionary Grant
of Asylum
The asylum regulations set out two categories of adverse
discretionary factors that an asylum officer or an immigration
judge will consider in deciding your asylum application: an
initial set of three discretionary factors that are considered
significantly adverse, see 8 CFR 208.13(d)(1), 1208.13(d)(1),
and a second set of nine discretionary factors, the applicability
of any of which ordinarily would result in the denial of your
asylum, see 8 CFR 208.13(d)(2), 1208.13(d)(2).

Page 7 of 16

For Item Numbers 9.A., 9.B., and 9.C., refer to the following
list of significant adverse discretionary factors along with the
explanation of exceptions to these particular adverse
discretionary factors. See 8 CFR 208.13(d)(1), 1208.13(d)(1).
The following are significant adverse discretionary factors that
an asylum officer or immigration judge will consider, if
applicable, in determining whether you merit a grant of asylum
in the exercise of discretion:
1.

A. You demonstrate that you applied for protection
from persecution or torture in at least one country
outside your country of citizenship, nationality, or if you are stateless - the country of last lawful
habitual residence, through which you transited en
route to the United States and you received a final
judgment denying protection in such country;
B. You demonstrate that you meet the definition of a
“victim of a severe form of trafficking in persons”
provided in 8 CFR 214.11; or

Unlawful entry or unlawful attempted entry into the
United States unless the entry or attempted entry was
made in immediate flight from persecution in a
contiguous country.;

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C. The only country or countries through which you
transited en route to the United States were, at the
time of the transit, not parties to the 1951 United
Nations Convention relating to the Status of
Refugees, the 1967 Protocol, or CAT.

Failure to seek asylum or refugee protection in any
country through which you transited before entering
the United States, unless:

A. You demonstrate that you applied for protection
from persecution or torture in at least one country
outside your country of citizenship, nationality, or
- if you are stateless - the country of last lawful
habitual residence, through which you transited en
route to the United States and you received a final
judgment denying you protection in such country;
B. You demonstrate that you meet the definition of a
“victim of a severe form of trafficking in persons”
provided in 8 CFR 214.11; or

You have a conviction or sentence that would render
you ineligible for asylum if it had not been reversed,
vacated, expunged, or modified, unless you were found
innocent.

You accrued more than one year of unlawful presence
in the United States prior to filing an application for
asylum.

At the time the asylum application is filed with DHS or
the immigration court, or is referred to the immigration
court by DHS, you have:

A. Failed to timely file (or timely file a request for an
extension of time to file) any required federal,
state, or local income tax returns;
B. Failed to satisfy any outstanding federal, state, or
local tax obligations; or

Use of fraudulent documents to enter the United States,
unless you arrived in the United States by air, sea, or
land directly from your home country without
transiting through any other country.

For Item Numbers 10.A. - 10.I., refer to the following list of
adverse discretionary factors and explanation of the exceptions
to this particular list of adverse discretionary factors.

If one or more of the following adverse discretionary factors
apply to you, an asylum officer or immigration judge will not, in
general, favorably exercise discretion to grant asylum, unless:
there are extraordinary circumstances, such as national security or
foreign policy considerations, warranting a favorable exercise of
discretion; or you can demonstrate, by clear and convincing
evidence, that the denial of the asylum application would result in
exceptional and extremely unusual hardship. See 8 CFR
208.13(d)(2), 1208.13(d)(2).
1. Immediately prior to your arrival in the United States or
en route to the United States from your country of
citizenship, nationality, or last lawful habitual residence,
you spent more than 14 days in any one country, or you
transited through more than one country between your
country of citizenship, nationality, or last habitual
residence and the United States, unless:
Form I-589 Instructions 09/10/19

C. Have income that would result in tax liability under
section 1 of the Internal Revenue Code of 1986
and that was not reported to the Internal Revenue
Service.

You have had two or more prior asylum applications
denied for any reason.

You have withdrawn a prior asylum application with
prejudice or been found to have abandoned a prior
asylum application.

You have failed to attend an interview regarding your
asylum application with DHS, unless you show, by a
preponderance of the evidence, that:
A. Exceptional circumstances prevented you from
attending the interview; or
B. The interview notice was not mailed to the last
address you provided or to your representative and
neither you nor your representative received notice
of the interview.

Page 8 of 16

You were subject to a final order of removal,
deportation, or exclusion and did not file a motion to
reopen to seek asylum based on changed country
conditions within one year of those changes in country
conditions.

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.

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.

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The definition of frivolous within the context of applications
for asylum is available in the Code of Federal Regulations at
8 CFR sections 208.20 and 1208.20. (See Section IV, Right to
Counsel, in Part 1 of these instructions.) You may not avoid a
frivolous finding simply because someone advised you to
provide false information in 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.

Form I-589 Instructions 09/10/19

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. 1324c (see 8
CFR parts 270 and 1270).
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 to affirm all
contents of this form and additional documents and supplements
are true to the best of your knowledge.
You are reminded that if, pursuant to a final administrative
order, an immigration judge or the Board of Immigration
Appeals determines that you have knowingly made a
frivolous application for asylum, you will be permanently
ineligible for any benefits under the INA. (See section
208(d)(6) of the INA.)
The definition of a frivolous asylum application is available
in the Code of Federal Regulations at 8 CFR sections 208.20
and 1208.20. (See Section IV, Right to Counsel, in Part 1 of
these instructions.) 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.
NOTE: You must, however, sign Part D of the application.
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 reminded again that, if, pursuant to a final
administrative order, an immigration judge or the Board of
Immigration Appeals determines that you have knowingly
made a frivolous application for asylum, you may be
permanently ineligible for any benefits under the INA. (See
section 208(d)(6) of the INA.)
Page 9 of 16

The definition of a frivolous asylum application is available
at 8 CFR sections 208.20 and 1208.20 (See Section IV, Right
to Counsel, in Part 1. of these instructions.). 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.

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

Copies. 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.

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You must submit the following documents to apply for asylum
and withholding of removal:

1. The completed, signed original and one copy of your
completed application, Form I-589, and the original
and one copy of any supplementary sheets and
supplementary statements. If you choose to submit
additional supporting material, see Section VII,
Additional Evidence That You Should Submit, in
Part 1 of these instructions. You must include two
copies of each document. You should make and keep
an additional copy of the completed application for
your own records.
2.

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 two copies with your
application and bring the original(s) with you to the
interview.

An additional copy of your completed application,
Form I-589, with supplementary statements, for each
family member listed in Part A.II. that you are
including in your application.

3. Two 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.
that you are including in your application.

NOTE: If you submit an affidavit, you must submit
the original and one copy. (For affidavit requirements,
see Part A.II in Part 1, Section V, of these instructions.)
4. One passport-style photograph of yourself and of each
family member listed in Part A.II. that you are
including 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 each
photograph.
5. Two copies of all passports or other travel documents
(cover to cover) in your possession and two 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. Do not submit original passports or travel
documents unless specifically requested.

Form I-589 Instructions 09/10/19

Translations. 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.

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

IX. 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 Department of Homeland Security, the Department of
Justice, and the Department of State.
You and your eligible spouse and children, regardless of age,
included as your derivatives on your asylum application must
provide biometrics to initiate the required background
investigations or for identity verification.

Page 10 of 16

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 (ASC) 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
asylum 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)).

X. Organizing Your Application

Organize 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):

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
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 Accredited Representative, signed by you
and the attorney or representative, if you are
represented by an attorney or representative;
The originals of all supplementary sheets and
supplementary statements submitted with your
application;

One copy of any additional supporting documentation;

One copy of the evidence of your relationship to your
spouse and unmarried children under 21 years of age
that you are including in your application, if any; and

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.

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At the time you file your Form I-589, you must submit
photographs as specified in Section VI, Required Documents
and Required Number of Copies That You Must Submit
With Your Application, in Part 1 of these instructions.

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:

One copy of the items listed above in your original
package, except your photograph.

Form I-589 Instructions 09/10/19

For example, if you include your spouse and two children, you
should submit your original package, plus one duplicate for you,
plus one package for your spouse and one package for each child,
for a total of five 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 Section V, Employment
Authorization While Your Application Is Pending, Part 2 of
these instructions 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 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.

Page 11 of 16

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, unless you are
filing as an unaccompanied alien child (UAC):
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.

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

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 (TTY:
1-800-767-1833).

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At the master calendar hearing, counsel for DHS will provide
you with instructions for providing biometric and biographical
information to USCIS that you must follow. These instructions
may also be obtained at www.uscis.gov/laws/immigrationbenefits-eoir-removal-proceedings. The following paragraphs
describe the instructions that you will have to follow.
In addition to filing your Form I-589 with the Immigration
Court and serving a copy on the appropriate U.S. Immigration
and Customs Enforcement (ICE) Office of the 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 USCIS Nebraska
Service Center:
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;

A copy of Form G-28, Notice of Entry of Appearance
as Attorney or Accredited Representative, if you are
represented; and

A copy of the 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
Note: There is no filing fee required for Form I-589
applications.

Form I-589 Instructions 09/10/19

NOTE: If you also mail applications for other forms of relief
that you are applying for while in removal proceedings, as
specified by the instructions 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, regardless of age)
must then:
1.

Attend the biometrics appointment at the ASC and
obtain a biometrics confirmation document before
leaving the ASC; and

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 1003, 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

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.

Page 12 of 16

Special Filing Instructions for an Unaccompanied Alien Child
(UAC)
If you are a child in removal proceedings and filing as a UAC,
your completed application package should be sent to:
USCIS Nebraska Service Center
UAC I-589
P.O. Box 87589
Lincoln, NE 68501-7589

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 field office), 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

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If you received an instruction sheet from Counsel for DHS
when you attended a hearing in Immigration Court, or if you
have a copy of documentation provided by the Department of
Health and Human Services, Office of Refugee Resettlement
(ORR) showing that you are, or that you were in ORR custody
as a UAC, such as the UAC Initial Placement Referral Form or
the ORR Verification of Release Form, please submit those
documents with your application package as well.
If you are a UAC but you are not in removal proceedings,
please submit your Form I-589 application package as directed
below in the discussion entitled, “If you are not in proceedings
in Immigration Court or before the Board of Immigration
Appeals.”
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
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 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 or
visit the USCIS website: www.uscis.gov/i-589.
If you live in:
Alabama, Arkansas, Colorado, District of Columbia,
Florida, Georgia, Louisiana, Maryland, Mississippi, New
Mexico, North Carolina, Oklahoma, Western
Pennsylvania* (in the jurisdiction of the Pittsburgh field
office), Puerto Rico, 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

Form I-589 Instructions 09/10/19

If you live in:

Arizona, Southern California*, Guam, Hawaii, or Southern
Nevada* (in the jurisdiction of the Las Vegas field office),

Mail your application to:

USCIS California Service Center
P.O. Box 10881
Laguna Niguel, CA 92607-0881

If you live in:

Connecticut, Delaware, Maine, Massachusetts, New
Hampshire, New Jersey, New York, Eastern Pennsylvania*
(in the jurisdiction of the Philadelphia field office), Rhode
Island, or Vermont

Mail your application to:

USCIS Vermont Service Center
Attn: Asylum
75 Lower Welden Street
St. Albans, VT 05479-0589

*NOTE: Applicants living in California, Nevada, and
Pennsylvania should call the USCIS National Customer Service
Center or their local asylum office if they are unsure where to
mail their applications.
National Customer Service Center: 1-800-375-5283
TTY for the Hearing Impaired: 1-800-767-1833

California and Nevada Residents
Los Angeles Asylum Office: 714-808-8000
San Francisco Asylum Office: 415-293-1234
Pennsylvania Residents
Arlington Asylum Office: 703-235-4100
Newark Asylum Office: 201-531-0555
Information concerning asylum offices and where to file asylum
applications is also available on the USCIS website at
www.uscis.gov.

Page 13 of 16

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 Form 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 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
U.S. 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 10day 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.

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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

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

Aliens granted S nonimmigrant status under section
101(a)(15)(S) of the INA (such as 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 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.

Form I-589 Instructions 09/10/19

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.
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/IC,
Alien's Change of Address Form/Immigration Court, 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.

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USCIS recommends 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 Section IV, Right to
Counsel.) You also may bring witnesses with you to the
interview to testify on your behalf.

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, 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.
NOTE: The application process for advance parole varies
depending on your personal circumstances. Use InfoPass on
the USCIS website to check with your local USCIS District
Office for application instructions. Additional information on
obtaining advance parole is available from the USCIS website
at www.uscis.gov.

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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. This
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 deaf, or if you are hard of hearing and need 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.

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.
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.

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.

You may obtain copies of Form I-765 by calling
1-800-375-5283 or from the USCIS website at www.uscis.gov.

III. Status While Your Application Is Pending

DHS Privacy Notice

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, the asylum office will refer your
application, together with the appropriate charging document, to
the Immigration Court for adjudication in removal proceedings.

AUTHORITIES: The information requested on this
application, and the associated evidence, is collected under the
Immigration and Nationality Act sections 208 and 241(b)(3).

Form I-589 Instructions 09/10/19

PURPOSE: The primary purpose for providing the requested
information on this application is to apply for asylum in the
United States, and for withholding of removal. DHS uses the
information you provide to grant or deny the immigration
benefit you are seeking.

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DISCLOSURE: The information you provide is voluntary.
However, failure to provide the requested information,
including your Social Security number (if applicable), and any
requested evidence, may delay a final decision or result in
denial of your application.
ROUTINE USES: DHS may, where allowable under relevant
confidentiality provisions, share the information you provide on
this application and any additional requested evidence with other
Federal, state, local, and foreign government agencies and
authorized organizations. DHS follows approved routine uses
described in the associated published system of records notices
[DHS/USCIS/ICE/CBP-001 Alien File, Index, and National File
Tracking System, DHS/USCIS-010 Asylum Information and PreScreening System, and DHS/USCIS-018 Immigration Biometric
and Background Check] and the published privacy impact
assessments [DHS/USCIS/PIA-027 USCIS Asylum Division]
which you can find at www.dhs.gov/privacy. DHS may also
share this information, as appropriate, for law enforcement
purposes or in the interest of national security.

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 Office of
Management and Budget (OMB) control number. The public
reporting burden for this collection of information is estimated
at 18 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 Coordination Division, Office of Policy &
Strategy, 20 Massachusetts Ave NW, Washington, DC
20529-2140. OMB No. 1516-0067. Do not mail your
completed Form I-589 to this address.

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Supplements to Form I-589

Form I-589, Supplement A - For use to complete Part A.II.

USCIS Forms and Information

You can get USCIS forms and immigration-related information
on the USCIS website at www.uscis.gov. You may order
USCIS forms by calling 1-800-375-5283 (TTY:
1-800-767-1833).

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.

Additional information concerning asylum and withholding of
removal is available on the USCIS website at www.uscis.gov/
asylum and the EOIR website at www.usdoj.gov/eoir.

Penalties

If you knowingly and willfully falsify or conceal a material fact
or submit a false document with Form I-589, we will deny your
Form I-589 and may deny any other immigration benefit.
In addition, you will face severe penalties provided by law and
may be subject to criminal prosecution.
For specific information, see Part E in Part 1, Section V, of
these instructions.

Form I-589 Instructions 09/10/19

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File Type	application/pdf
File Title	I-589, Application for Asylum.and for Withholding of Removal
Author	USCIS
File Modified	2020-06-11
File Created	2020-06-10