I-589 Instructions Table of Changes

I589-INS-TOC-FeeRule-11042019.docx

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 Removal

OMB Number: 1615-0067

11/04/2019


Reason for Revision:


Legend for Proposed Text:

  • Black font = Current text

  • Red font = Changes


Expires 05/31/2019

Edition Date 04/09/2019



Current Page Number and Section

Current Text

Proposed Text

Pages 1-2,


Table of Contents

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Table of Contents



VIII. Fee/8


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Table of Contents



VIII. What Is the Filing Fee?/8


Page 4, Right to Counsel

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IV. Right to Counsel


Immigration law concerning asylum and withholding of removal or deferral or removal is complex. You have a right to provide your own legal representation at an asylum interview and during immigration proceedings before the Immigration Court at no cost to the U.S. Government.


If you need or would like help to complete this form and to prepare your written statements, assistance from pro bono (free) attorneys and/or voluntary agencies may be available. Voluntary agencies may help you for no fee or a reduced fee, and attorneys on the list referred to below may take your case for no fee. If you have not already received from USCIS or the Immigration Court a list of attorneys and accredited representatives, you may obtain a list by calling 1-800-870-3676 or visiting the U.S. Department of Justice (DOJ), Executive Office for Immigration Review (EOIR) website at www.justice.gov/eoir/list-pro-bono-legal-service-providers-map.



[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.


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 1-800-375-5283 or visiting the U.S. Department of Justice (DOJ), Executive Office for Immigration Review (EOIR) website at www.justice.gov/eoir/list-pro-bono-legal-service-providers-map.



Page 8,


Fee

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VIII. Fee


There is no fee for filing this application.


[Page 8]


VIII. What Is the Filing Fee?


The filing fee for Form I-589 is $50.  This fee may not be waived under 8 CFR 106.3.


There is no fee if you are in proceedings and file this form with the Immigration Court, or if you are filing with USCIS and are a UAC in removal proceedings before an immigration judge.


NOTE:  The filing fee is not refundable, regardless of any action USCIS or the Immigration Court takes on this application.  DO NOT MAIL CASH.  You must submit all fees in the exact amounts.


Payments by Check or Money Order


Use the following guidelines when you prepare your check or money order for the Form I-589 filing fee:


1.  The check or money order must be drawn on a bank or other financial institution located in the United States and must be payable in U.S. currency; and


2.  Make the check or money order payable to U.S. Department of Homeland Security.


NOTE:  Spell out U.S. Department of Homeland Security; do not use the initials “USDHS” or “DHS.”


Notice to Those Making Payment by Check.  If you send us a check, USCIS will convert it into an electronic funds transfer (EFT). This means we will copy your check and use the account information on it to electronically debit your account for the amount of the check. The debit from your account will usually take 24 hours and your bank will show it on your regular account statement. 


You will not receive your original check back. We will destroy your original check, but will keep a copy of it. If USCIS cannot process the EFT for technical reasons, you authorize us to process the copy in place of your original check. If your check is returned as unpayable, we will reject your application.


[Page 9]


How To Check If the Fees Are Correct


Form I-589’s filing fee is current as of the edition date in the lower right corner of this page.  However, because USCIS fees change periodically, you can verify that the fee is correct by following one of the steps below.


1.  Visit the USCIS website at www.uscis.gov, select “FORMS,” and check the appropriate fee; or


2.  Visit the USCIS Contact Center at www.uscis.gov/contactcenter to get answers to your questions and connect with a live USCIS representative.  The USCIS Contact Center provides information in English and Spanish.  For TTY (deaf or hard of hearing) call:  1-800-767-1833.


Page 9,

X. Organizing Your Application

[Page 9]


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):


1. Your original Form I-589, with all questions completed, and the application signed by you in Part D and signed by any preparer in Part E; and


2. One passport-style photograph of you stapled to the form at Part D.


Behind your original Form I-589, attach in the following order:


1. One Form G-28, Notice of Entry of Appearance as Attorney or Accredited Representative, signed by you and the attorney or representative, if you are represented by an attorney or representative;


2. The originals of all supplementary sheets and supplementary statements submitted with your application;


3. One copy of any additional supporting documentation;


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


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


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6. Your fee payment by a check or money order.

Page 9,

XI. Incomplete Asylum Applications

[Page 9]


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.


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6. The application is not accompanied by a check or money order for the fee.


Pages 9-10,


XII. Where to File?


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XII. Where to File?



3. 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.


After the three items are received at the USCIS Nebraska Service Center, you will receive:


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XII. Where to File?



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Page 13, Employment Authorization While Your Application Is Pending

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You may obtain copies of Form I-765 by calling the USCIS forms line at 1-800-870-3676 or from the USCIS website at www.uscis.gov.


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You may obtain copies of Form I-765 by calling the USCIS Contact Center at 1-800-375-5283. The USCIS Contact Center provides information in English and Spanish. For TTY (deaf or hard of hearing) call: 1-800-767-1833.

Page 14, USCIS Forms and Information

[Page 14]


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 the toll-free number at 1-800-870-3676. You may also obtain forms and information by telephoning the USCIS National Customer Service Center at 1-800-375-5283 (TTY: 1-800-767-1833).


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.


[Page 14]


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 the USCIS Contact Center at 1-800-375-5283. The USCIS Contact Center provides information in English and Spanish. For TTY (deaf or hard of hearing) call: 1-800-767-1833.


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.


Page 14,

Paperwork Reduction Act

[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.

[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 13 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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