I-589 Instructions Table of Changes

TABLE OF CHANGES – INSTRUCTIONS

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

OMB Number: 1615-0067

05/18/2020

Reason for Revision: Biometrics Rule

Project Phase: NPRM

Legend for Proposed Text:

• Black font = Current text

• Red font = Changes

Expires 05/31/2019

Edition Date 5/16/2017

Current Page Number and Section	Current Text	Proposed Text
Page 1, Instruction Sections: Filing Information and How Your Application Will Be Processed	[page 1] … 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.	[page 1] … If filing with U.S. Citizenship and Immigration Services (USCIS), unexcused failure to appear for an appointment or to provide biometrics 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.
Pages 1-2, Table of Contents	[page 1] … 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 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 Post-Filing 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 USCIS Privacy Act Statement…13 USCIS Forms and Information…14 Penalties…14 Paperwork Reduction Act…14 Supplements to Form I-589…14	[page 2] … Part A.I. Information About You… 5 Part A.II. Biographic Information….5 Part A.III. Spouse and Children….6 Part A.IV. Information About Your Background….7 Part B. Information About Your Application…7 [page 2] Part C. Additional Information About Your Application…7 [no change] Part F. To be Completed at Asylum Interview, If Applicable…8 VI. Required Documents and Required Number of Copies That You Must Submit With Your Application…8 VII. Additional Evidence That You Should Submit…9 VIII. Fee…9 IX. Biometric Services Appointment......9 [no change] XI. Incomplete Asylum Applications…10 XII. Where To File?...10 Part 2. Information Regarding Post-Filing Requirements…13 I. Notification Requirements When Your Address Changes…13 II. Asylum Interview Process…13 [no change] IV. Travel Outside the United States…14 V. Employment Authorization While Your Application Is Pending…14 USCIS Privacy Act Statement…14 USCIS Forms and Information…14 Penalties…14 Paperwork Reduction Act…15 Supplements to Form I-589…15
Pages 5-7, V. Obtaining and Completing the Form	[page 5] V. Obtaining and Completing the Form … [page 5] Part A.II. Spouse and Children … [page 6] 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 …	[page 5] [no change] … Part A.II. Biographic Information. Provide the biographic information requested. Providing this information as part of your application may reduce the time you spend at your USCIS ASC appointment as described in the Biometric Services Appointment section of these Instructions. A. Ethnicity and Race. Select the boxes that best describe your ethnicity and race. B. Categories and Definitions for Ethnicity and Race (1) Hispanic or Latino. A person of Cuban, Mexican, Puerto Rican, South or Central American, or other Spanish culture or origin, regardless of race. (NOTE: This category is only included under Ethnicity in Part A.II., Item Number 1.) (2) American Indian or Alaska Native. A person having origins in any of the original peoples of North and South America (including Central America), and who maintains tribal affiliation or community attachment. (3) Asian. A person having origins in any of the original peoples of the Far East, Southeast Asia, or the Indian subcontinent including, for example, Cambodia, China, India, Japan, Korea, Malaysia, Pakistan, the Philippine Islands, Thailand, and Vietnam. (4) Black or African American. A person having origins in any of the black racial groups of Africa. (5) Native Hawaiian or Other Pacific Islander. A person having origins in any of the original peoples of Hawaii, Guam, Samoa, or other Pacific Islands. (6) White. A person having origins in any of the original peoples of Europe, the Middle East, or North Africa. C. Height. Select the values that best match your height in feet and inches. For example, if you are five feet and nine inches, select “5” for feet and “09” for inches. Do not enter your height in meters or centimeters. D. Weight. Enter your weight in pounds. If you do not know your weight or need to enter a weight under 30 pounds or over 699 pounds, enter “000.” Do not enter your weight in kilograms. E. Eye Color. Select the box that best describes the color of your eyes. F. Hair Color. Select the box that best describes the color of your hair. [page 6] Part A.III. Spouse and Children … 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.III. of Form I-589. … Your Spouse and Children’s Biographic Information (provide this information if you answered “Yes” to Item Number 24. for your spouse or if you answered “Yes” to Item Number 21. for your child). Provide the biographic information requested. Providing this information as part of your application may reduce the time you spend at your USCIS ASC appointment as described in the Biometric Services Appointment section of these Instructions. A. Ethnicity and Race. Select the boxes that best describe your spouse’s or child’s ethnicity and race. B. Categories and Definitions for Ethnicity and Race (1) Hispanic or Latino. A person of Cuban, Mexican, Puerto Rican, South or Central American, or other Spanish culture or origin, regardless of race. (NOTE: This category is only included under Ethnicity in Item Number 25. for spouse and Item Number 22. for children.) (2) American Indian or Alaska Native. A person having origins in any of the original peoples of North and South America (including Central America), and who maintains tribal affiliation or community attachment. (3) Asian. A person having origins in any of the original peoples of the Far East, Southeast Asia, or the Indian subcontinent including, for example, Cambodia, China, India, Japan, Korea, Malaysia, Pakistan, the Philippine Islands, Thailand, and Vietnam. (4) Black or African American. A person having origins in any of the black racial groups of Africa. (5) Native Hawaiian or Other Pacific Islander. A person having origins in any of the original peoples of Hawaii, Guam, Samoa, or other Pacific Islands. (6) White. A person having origins in any of the original peoples of Europe, the Middle East, or North Africa. C. Height. Select the values that best match your spouse’s and child’s height in feet and inches. For example, if your spouse or child is five feet and nine inches, select “5” for feet and “09” for inches. Do not enter your spouse’s or child’s height in meters or centimeters. D. Weight. Enter your spouse’s or child’s weight in pounds. If you do not know your spouse’s or child’s weight or need to enter a weight under 30 pounds or over 699 pounds, enter “000.” Do not enter your spouse’s or child’s weight in kilograms. [page 7] E. Eye Color. Select the box that best describes the color of your spouse’s or child’s eyes. F. Hair Color. Select the box that best describes the color of your spouse’s or child’s hair. Part A.IV. Information About Your Background …
Page 8, IX. Biometrics, Including Fingerprints and Photographs	[page 8] IX. Biometrics, Including Fingerprints and Photographs Applicants for asylum are subject to a biometrics check of all appropriate records and other information databases maintained by the Department of Homeland Security, the Department of Justice, and the Department of State. You and your eligible spouse or children, regardless of age, listed on your asylum application must provide biometrics to initiate the required background investigations or for identity verification. You and your spouse and children will be given instructions on how to complete this requirement. You will be notified in writing of the time and location of the Application Support Center (ASC) where you must go to be fingerprinted and photographed. If filing with USCIS, unexcused failure to appear for a scheduled appointment or to provide your required biometrics, including fingerprints and photograph, or to provide other biographical information within the time allowed, may delay eligibility for employment authorization and/or result in an asylum officer dismissing your asylum application or referring it to an immigration judge. For applicants before an immigration judge, such failure without good cause may constitute an abandonment of your asylum application and result in the denial of employment authorization. (See 8 CFR section 1003.47(d)). At the time you file your Form I-589, you must submit photographs as specified in Section VI, Required Documents and Required Number of Copies That You Must Submit With Your Application, in Part 1 of these instructions.	[page 9] IX. Biometric Services Appointment Every individual who is an applicant, petitioner, derivative, beneficiary, or sponsor of an immigration benefit request or other request submitted to USCIS is required to submit biometrics unless USCIS waives or exempts the requirement.  You will be notified of the time and place of your appointment if you must appear and you will be provided requirements for rescheduling if necessary. If you fail to submit any biometrics as required, USCIS may deny your application, petition, or request. DHS may store the biometrics submitted by an individual and use or reuse biometrics to conduct background and security checks, including a check of criminal history records maintained by the Federal Bureau of Investigation (FBI), verify identity, produce documents, determine eligibility for immigration and naturalization benefits, or to perform any other functions necessary for administering and enforcing immigration and naturalization laws, and any other law within DHS authority. If you are required to provide biometrics, at your appointment you must sign an oath reaffirming that: You provided or authorized all information in the application; You reviewed and understood all of the information contained in, and submitted with, your petition; and All of this information was complete, true, and correct at the time of filing. If filing with USCIS, unexcused failure to appear for a scheduled appointment or to provide your required biometrics or to provide other biographical information within the time allowed, may delay eligibility for employment authorization and/or result in an asylum officer dismissing your asylum application or referring it to an immigration judge. For applicants before an immigration judge, such failure without good cause may constitute an abandonment of your asylum application and result in the denial of employment authorization. (See 8 CFR section 1003.47(d)). At the time you file your Form I-589, you must submit photographs as specified in Section VI, Required Documents and Required Number of Copies That You Must Submit With Your Application, in Part 1 of these instructions.
Pages 9-12, XII. Where to File?	[page 10] … 2. An Application Support Center (ASC) notice for you and any eligible spouse and children included in your Form I-589 who are also in removal proceedings. Each ASC notice will indicate the individual's unique receipt number and will provide instructions for each person to appear for an appointment at a nearby ASC for collection of biometrics (such as your photograph, fingerprints, and signature). If you do not receive the ASC notice in 3 weeks, call 1-800-375-5283 (TTY: 1-800-767-1833). …	[page 11] … 2. An Application Support Center (ASC) notice for you and any eligible spouse and children included in your Form I-589 who are also in removal proceedings. Each ASC notice will indicate the individual's unique receipt number and will provide instructions for each person to appear for an appointment at a nearby ASC for collection of biometrics. If you do not receive the ASC notice in 3 weeks, call 1-800-375-5283 (TTY: 1-800-767-1833). …
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 minutes 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 15] 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. The collection of biometrics is estimated to require 3 hours and 40 minutes. 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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