I-589 Instructions Table of Changes

I589-INS-TOC-Global Asylum NPRM Revision.pdf

Application for Asylum and for Withholding of Removal

I-589 Instructions Table of Changes

OMB: 1615-0067

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TABLE OF CHANGES – INSTRUCTIONS
Form I-589, Application for Asylum and for Withholding of Removal
OMB Number: 1615-0067
06/09/2020
Reason for Revision: Global Asylum Rule
Legend for Proposed Text:
• Black font = Current text
• Red font = Changes
Expires 09/30/2022
Edition Date 09/10/2019
Current Page Number
and Section
Page 1,
What Is the Purpose of
This Form?

Current Text

Proposed Text

[Page 1]

What Is the Purpose of This Form?

This form is used to apply for asylum in the
United States and for withholding of
removal (formerly called "withholding of
deportation"). This application may also be
used to apply for protection under the
Convention Against Torture. You may file
this application if you are physically
present in the United States, and you are
not a U.S. citizen.

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.

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.)
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
1

[Moved down]

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.

Page 1,
Instruction Sections:
Filing Information and
How Your Application
Will Be Processed

[Page 1]

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.

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 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
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.

Page 1-2,
Table of Contents

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 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.

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.

[Page 1]

Table of Contents

Part 1. Filing
Instructions...............................................2
I. Who May Apply and Filing
Deadlines....................................................2
II. Basis of
Eligibility....................................................2
A.
Asylum………….......................................2
B. Withholding of
Removal......................................................3
C. Deferral of Removal Under the

Convention Against
Torture........................................................4
D. Legal Sources Relating to
Eligibility....................................................4
III.
Confidentiality............................................4
IV. Right to
Counsel.......................................................4
V. Obtaining and Completing the Form
....................................................................5
Part A.I. Information About
You.............................................................5
Part A.II. Spouse and
Children......................................................5
Part A.III. Information About Your
Background................................................6
Part B. Information About Your
Application.................................................6

[Page 2]

Part C. Additional Information About Your
Application.................................................6
Part D. Your
Signature.....................................................7
Part E. Signature of Person Preparing
Form, If Other than
You.............................................................7
Part F. To Be Completed at Asylum
Interview, If
Applicable..................................................7
Part G. To Be Completed at Removal
Hearing, If
Applicable..................................................7
VI. Required Documents and Required
Number of Copies That You Must Submit
With Your
Application…………………………….....7
VII. Additional Evidence That You
Should
Submit........................................................8
VIII.
Fee..............................................................8
IX. Biometrics, Including Fingerprints and
Photographs
....................................................................8
X. Organizing Your
Application.................................................9
XI. Incomplete Asylum Applications
....................................................................9
XII. Where To
File?............................................................9

Part 2. Information Regarding PostFiling

Requirements..........................................12
I. Notification Requirements When Your
Address
Changes....................................................12
II. Asylum Interview
Process......................................................12
III. Status While Your Application Is
Pending.....................................................13
IV. Travel Outside the United
States........................................................13
V. Employment Authorization While Your
Application Is
Pending.....................................................13
DHS Privacy
Notice………….......................................13
USCIS Forms and
Information.............................................14
Penalties...................................................14
Paperwork Reduction Act
..................................................................14
Supplements to Form I589............................................................14

Page 2,
Part 1. Filing
Instructions
Page 2,
I. Who May Apply and
Filing Deadlines

[Page 2]

Part 1. Filing Instructions
[Page 2]
I. Who May Apply and Filing Deadlines

[No change]

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.)
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
5

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.
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-applyingasylum- themselves.
Detailed UAC filing instructions are found
in Part 1, Section XII of these instructions.

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 withholding of removal under
section 241(b)(3) of the INA or under the
Convention Against Torture before the
Immigration Court.

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

[No change]

Withholding of Removal, to apply for
withholding of removal and for protection
from removal under the Convention
Against Torture in Immigration Court
proceedings.

Page 2-4,
II. Basis of Eligibility

[Page 2]

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.
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).
[Page 3]

[Page 3]

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 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 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.

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.

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 5. Represent a danger to the security of the
United States. (See section 241(b)(3) of the United States. See section 241(b)(3) of the
INA; 8 CFR sections 208.16 and1208.16.)
INA; 8 CFR sections 208.16 and 1208.16.
8

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

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

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.

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
Convention Against Torture

Withholding of Removal Under the CAT
Regulations

The Convention Against Torture refers to
the United Nations Convention against
Torture and Other Cruel, Inhuman, or
Degrading Treatment or Punishment.

[Delete]

To be granted withholding of removal to a
country under Article 3 of the Convention
against Torture, as implemented in U.S.
law, you must show that it is more likely
than not that you would be tortured in that
country.

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

"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

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.

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.

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.
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.

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.

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 Convention Against Torture, you must
check the box at the top of Page 1 of the

To apply for withholding of removal under
the CAT regulations, you must check the
box at the top of Page 1 of the application

application and fully complete Form I-589.

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.

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.
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 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.

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.

[Page 4]

As implemented in U.S. law, Article 3 of
the Convention against Torture prohibits

The CAT regulations prohibit the United
States from removing you to a country in

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.

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
Convention Against Torture

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, 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.

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.

Page 4,
III. Confidentiality

1231(b)(3) (regarding eligibility for
withholding of removal);

1231(b)(3) (regarding eligibility for
statutory withholding of removal);

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 as
implemented 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);

5. Article 3 of the Convention Against
Torture and Other Cruel, Inhuman or
Degrading Treatment or Punishment;

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

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

7. The 1951 Convention relating to the
Status of Refugees; and

9. 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).

10. The Office of the United Nations High
Commissioner for Refugees, Handbook on
Procedures and Criteria for determining
Refugee Status (Geneva, 1992).

[Page 4]

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.

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

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);
7. 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);

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.

Page 4,
IV. Right to Counsel

[Page 4]

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.

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.

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.

[No change]

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
14

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).

Page 5-7,
V. Obtaining and
Completing the Form

[Page 5]

V. Obtaining and Completing the Form

…

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, for withholding of
removal under section 241(b)(3) of the Act,
or for withholding of removal under the
Convention Against Torture. 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.

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 any of your
experiences, or those of family members or
others who have had similar experiences
that may show that you are a refugee.

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 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
16

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 decisionmaking 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 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.
For example, some of the events the
Government might consider as valid
explanations include but are not limited to
the following:

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 withholding of removal under
INA section 241(b)(3), or for protection
from removal under the Convention
Against Torture.
[New]

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).
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. 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.
2. 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
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.
3. 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
18

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:
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
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.
2. 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.
3. You accrued more than one year of
unlawful presence in the United States prior
to filing an application for asylum.
4. 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:
19

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
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.
5. You have had two or more prior asylum
applications denied for any reason.
6. You have withdrawn a prior asylum
application with prejudice or been found to
have abandoned a prior asylum application.
7. 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.
8. 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.
[Page 7]
[Page 7]

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.
20

(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 Section IV,
Right to Counsel, in Part 1 of these
instructions if you have any questions.)
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
21

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.)
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
[No change]

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. 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.

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.)

[New]

The definition of a frivolous asylum
application is available in the Code of
Federal Regulations at 8 CFR sections
22

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.

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.

Page 9-12,
XII. Where to File?

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.)
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.

[Page 9]

XII. Where to File?

…

[Page 12]

5. Certain aliens ordered removed under
section 235(c) of the INA on securityrelated grounds; and

6. Aliens granted S nonimmigrant status
under section101(a)(15)(S) of the INA
(such as witnesses and informants).
…

Page 14,
Paperwork Reduction
Act

6. Aliens granted S nonimmigrant status
under section 101(a)(15)(S) of the INA
(such as witnesses and informants).
…

[Page 14]

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 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.

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 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.

File Type	application/pdf
File Title	I-589
Author	Lauver, James L
File Modified	2020-06-11
File Created	2020-06-11