TABLE OF CHANGES – INSTRUCTIONS
Form I-589, Application for Asylum and for Withholding Removal
OMB Number: 1615-0067
05/28/2020
Reason for Revision: Fee Rule
Legend for Proposed Text:
Expires 09/30/2022 Edition Date 09/10/2019 |
Current Page Number and Section |
Current Text |
Proposed Text |
Pages 1-2,
Table of Contents |
[Page 2]
Table of Contents
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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 Post-Filing Requirements/12 I. Notification Requirements When You 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/14
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Table of Contents
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VIII. What Is the Filing Fee?/8 IX. Biometrics, Including Fingerprints and Photographs/9 X. Organizing Your Application/9 XI. Incomplete Asylum Applications/9 XII. Where To File?/10
Part 2. Information Regarding Post-Filing Requirements/12 I. Notification Requirements When You Address Changes/12 II. Asylum Interview Process/13 III. Status While Your Application Is Pending/13 IV. Travel Outside the United States/13 V. Employment Authorization While Your Application Is Pending/13
USCIS Privacy Act Statement/14
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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.
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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 1-800-375-5283 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.
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Page 5-7, V. Obtaining and Completing the Form |
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V. Obtaining and Completing the Form
You may visit the USCIS website at www.uscis.gov/I-589 or call the USCIS National Customer Service 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.
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.
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.
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.
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.
2. If you are including any unmarried children under 21years of age in your application, submit three copies of each child's birth certificate.
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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.
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.
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.
If you answer "Yes" to any question, explain in detail using Form I-589 Supplement B or additional sheets of paper, as needed.
You must clearly describe any of your experiences, or those of family members or others who have had similar experiences that may show that you are a refugee.
If you have experienced harm that is difficult for you to write down and express, you must be aware that these experiences may be very important to the decision-making process regarding your request to remain in the United States. At your interview with an asylum officer or hearing with an immigration judge, you will need to be prepared to discuss the harm you have suffered. If you are having trouble remembering or talking about past events, we suggest that you talk to a lawyer, an accredited representative, or a health professional who may be able to help you explain your experiences and current situation.
Part C. Additional Information About Your Application
Check "Yes" or "No" in the box provided for each question. If you answer "Yes" to any question, explain in detail using Form I-589 Supplement B or additional sheets of paper, as needed.
If you answer "Yes" to Question 5, you must explain why you did not apply for asylum within the first year after you arrived in the United States. The Government will accept as an explanation certain changes in the conditions in your country, certain changes in your own circumstances, and certain other events that may have prevented you from applying earlier.
For example, some of the events the Government might consider as valid explanations include but are not limited to the following:
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.
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Part D. Your Signature
You must sign your application in Part D and respond to the questions concerning any assistance you received to complete your application, providing the information requested. Sign after you have completed and reviewed the application.
If it is determined that you have knowingly made a frivolous application for asylum, you can be permanently ineligible for any benefits under the INA. (See section 208(d)(6) of the INA.)
According to regulations at 8 CFR sections 208.20 and 1208.20, an application is frivolous if any of its material elements is deliberately fabricated. (See 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 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.
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 is determined 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.)
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.
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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.
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), 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.
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.
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.
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.
2. If you are including any unmarried children under 21years of age in your application, submit three copies of each child's birth certificate.
[Page 6]
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.
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.
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.
If you answer "Yes" to any question, explain in detail using Form I-589 Supplement B or additional sheets of paper, as needed.
You must clearly describe any of your experiences, or those of family members or others who have had similar experiences that may show that you are a refugee.
If you have experienced harm that is difficult for you to write down and express, you must be aware that these experiences may be very important to the decision-making process regarding your request to remain in the United States. At your interview with an asylum officer or hearing with an immigration judge, you will need to be prepared to discuss the harm you have suffered. If you are having trouble remembering or talking about past events, we suggest that you talk to a lawyer, an accredited representative, or a health professional who may be able to help you explain your experiences and current situation.
Part C. Additional Information About Your Application
Check "Yes" or "No" in the box provided for each question. If you answer "Yes" to any question, explain in detail using Form I-589 Supplement B or additional sheets of paper, as needed.
If you answer "Yes" to Question 5, you must explain why you did not apply for asylum within the first year after you arrived in the United States. The Government will accept as an explanation certain changes in the conditions in your country, certain changes in your own circumstances, and certain other events that may have prevented you from applying earlier.
For example, some of the events the Government might consider as valid explanations include but are not limited to the following:
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.
[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. (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 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.
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 is determined 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.)
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.
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Page 7-8, VI. Required Documents and Required Number of Copies That You Must Submit With Your Application |
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VI. Required Documents and Required Number of Copies That You Must Submit With Your Application
You must submit the following documents to apply for asylum and 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. 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.
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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.
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VI. Required Documents and Required Number of Copies That You Must Submit With Your Application
[No change]
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 on the back of each photograph.
[No change]
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Page 8,
Fee |
[Page 8]
VIII. Fee
There is no fee for filing this application.
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[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 may reject your application.
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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.
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Page 9, X. Organizing Your Application |
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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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If you are including family members in your application, attach one additional package for each family member. Arrange each family member's package as follows:
1. One copy of your completed, signed Form I-589 and supplementary sheets submitted with the original application. In Part A.II., staple in the upper right corner one passport-style photo of the family member to be included; and
2. One copy of Form G-28, if any.
For example, if you include your spouse and two children, you should submit your original package, plus 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.
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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;
5. One copy of the items listed above in your original package, except your photograph; and
6. Your fee payment by a check or money order in the exact amount owed.
If you are including family members in your application, attach one additional package for each family member. Arrange each family member's package as follows:
1. One copy of your completed, signed Form I-589 and supplementary sheets submitted with the original application. In Part A.II., staple in the upper right corner one passport-style photo of the family member to be included; and
2. One copy of Form G-28, if any.
For example, if you include your spouse and two children, you should submit your original package, plus 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, signature and date.
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Page 9, XI. Incomplete Asylum Applications |
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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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4. The application is sent without the appropriate number of copies for any supporting materials submitted;
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; or
6. The application is not accompanied by a check or money order for the fee.
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Pages 9-10,
XII. Where to File?
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XII. Where to File?
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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 13, DHS Privacy Notice |
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DHS Privacy Notice
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).
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.
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 Pre-Screening 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.
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USCIS Privacy Act Statement
AUTHORITIES: The information requested on this application, and the associated evidence, is collected pursuant to sections 208 and 241(b)(3) of the Immigration and Nationality Act, as amended, and 8 CFR parts 208 and 1208.
PURPOSE: The primary purpose for providing the requested information on this form is to determine eligibility for asylum in the United States, and for withholding of removal. The information may also be used to apply for deferral of removal under the Convention Against Torture.
DISCLOSURE: The information you provide is voluntary. However, failure to provide the requested information, and any requested evidence, may delay a final decision or result in a rejection or denial of your benefit request.
ROUTINE USES: DHS may share the information you provide on this benefit application 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-001 - Alien File, Index, and National File Tracking and DHS-USCIS-010 - Asylum Information and Pre- Screening] which you can find at www.dhs.gov/privacy and EOIR-001, Records Management Information System, 69 Fed. Reg 26, 179 (May 11, 2004) or its successors. DHS may also share the information, as appropriate, for law enforcement purposes or in the interest of national security.
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Page 14, USCIS Forms and Information |
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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).
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.
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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.
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Page 14, Paperwork Reduction Act |
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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. |
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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. |
| File Type | application/vnd.openxmlformats-officedocument.wordprocessingml.document |
| Author | Mulvihill, Timothy R |
| File Modified | 0000-00-00 |
| File Created | 2021-01-12 |