I589-011-INS-GlobalAsylumRule-FinalRule-11242020 (1)

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

OMB No. 1615-0067; Expires 07/31/2022

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

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

If an asylum officer determines that you have
knowingly made a frivolous application for
asylum, that determination may be used as a basis
for the institution of, or as evidence in, removal
proceedings. If an immigration judge or the Board
of Immigration Appeals 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 (CFR) 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.

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NOTE: You must submit an application for asylum
within 1 year of arriving in the United States, unless you
can establish that 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.)

WARNING - IMPORTANT NOTICE

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 initiation of, or as evidence in, removal
proceedings, even if the application is later
withdrawn.

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.

Form I-589 Instructions 08/25/20 Page 1

Table of Contents

Part 1. Filing Instructions

Part 1. Filing Instructions .................................................................2
I. Who May Apply and Filing Deadlines ...................................2
II. Basis of Eligibility ................................................................. 3
A. Asylum ............................................................................. 3
B. Withholding of Removal .................................................. 3
C. Deferral of Removal Under
the CAT Regulations ....................................................... 5
D. Legal Sources and Guidance Relating to Eligibility ....... 5
III. Confidentiality ...................................................................... 5
IV. Right to Counsel .................................................................. 5
V. Obtaining and Completing the Form ....................................... 6
Part A.I. Information About You ....................................... 6
Part A.II. Spouse and Children .......................................... 7

I. Who May Apply and Filing Deadlines
You may apply for asylum irrespective of your
immigration status and even if you are in the United
States unlawfully unless otherwise provided by statute or
regulations.

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Part A.III. Information About Your
Background ....................................................... 8
Part B.
Information About Your Application .................. 8
Part C.
Additional Information About Your Application .. 8
Part D.
Applicant's Statement, Contact Information,
Certification, and Signature ................................ 10
Part E.
Interpreter's Contact Information, Certification,
and Signature ..................................................... 11
Part F.
Contact Information, Declaration, and Signature
of the Person Preparing this Application, if Other
Than the Applicant .............................................. 11
Part G.
To Be Completed at Asylum Interview, If
Applicable ........................................................ 12
Part H.
To Be Completed at Removal Hearing, If
Applicable ........................................................ 12
VI. Required Documents and Required Number of Copies That
You Must Submit With Your Application ....................... 12
VII. Additional Evidence That You Must Should Submit .......... 13
VIII. Fee ..................................................................................... 13
IX. Biometrics, Including
Fingerprints and Photographs ............................................. 13
X. Organizing Your Application ............................................. 14
XI. Incomplete Asylum Applications ....................................... 14
XII. Where To File? .................................................................. 14
Part 2. Information Regarding Post-Filing
Requirements ................................................................ 17
I.
Notification Requirements
When Your Address Changes .............................................. 17
II. Asylum Interview Process ................................................... 18
III. Status While Your Application Is
Pending ................................................................................ 18
IV. Travel Outside the United States .......................................... 18
V. Employment Authorization While Your
Asylum Application Is Pending .......................................... 19
VI. Employment Authorization When Your
Asylum Application Is Approved ........................................ 19
DHS Privacy Notice ........................................................................ 19
USCIS Forms and Information ..................................................... 20
Penalties .......................................................................................... 20
Paperwork Reduction Act .............................................................. 20
Supplements to Form I-589 .............................................................. 20

You MUST file this application within 1 year after you
arrive in the United States. If you fail to file within 1
year after your arrival, your application may be
denied unless you can show that there are changed
circumstances that materially affect your eligibility for
asylum or extraordinary circumstances that prevented
you from filing within 1 year. Failure to file the Form
I-589 within 1 year of your last arrival in the United
States also may delay your eligibility for employment
authorization or result in the denial of your
application for employment authorization.
You may include in your application your spouse and
unmarried children who are under 21 years of age and
physically present in the United States. You must submit
certain documents for your spouse and each child
included as required by these instructions. Children 21
years of age or older and married children must file
separate applications. If you are granted asylum and your
spouse and/or any unmarried children under 21 years of
age are outside the United States, you may file Form
I-730, Refugee/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/refugees-asylum/
asylum/minor-children-applying-asylum-themselves.
Detailed UAC filing instructions are found in Part 1.
Section XII of these instructions.
If you have previously been denied asylum by an
immigration judge or the Board of Immigration Appeals,
you must show that there are changed circumstances that
materially affect your eligibility for asylum.

Form I-589 Instructions 08/25/20 Page 2

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.

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.

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

II. Basis of Eligibility
A. Asylum

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).

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 wellfounded 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 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. 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, unless you comply with the procedural
requirements for such a motion and demonstrate that
counsel's failure to define, or provide a basis for defining,
a formulation of a particular social group constituted
egregious conduct. See 8 CFR 208.1(c), 1208.1(c).

B. Withholding of Removal

Your asylum application is also considered to be an
application for statutory withholding of removal. It may
also be considered an application for withholding of
removal under the CAT regulations if you checked the
box at the top of Page 1 of the form, or if the evidence
you present indicates that you may be tortured in the
country of removal. (See 8 CFR sections 208.13(c)(1)
and 1208.13(c)(1)). If asylum is not granted, you may
still be eligible for these two forms of withholding of
removal.
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, which includes convictions
for aggravated felonies, and therefore represent a
danger to the community of the United States;
4. Are considered for serious reasons to have committed
a serious non-political crime outside the United States;
or
5. Represent a danger to the security of the United
States. See section 241(b)(3) of the INA; 8 CFR
sections 208.16 and 1208.16.
Statutory Withholding of Removal Under Section
241(b)(3) of the INA

Form I-589 Instructions 08/25/20 Page 3

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.

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. See 8 CFR
sections 208.18(a)(7) and 1208.18(a)(7).
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.

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If you obtain an order withholding your removal, you
cannot be removed to the country where your life or
freedom would be threatened. However, you may be
removed to a third country where your life or freedom
would not be threatened. Withholding of removal does
not adhere derivatively to any spouse or child included in
the application; they would have to apply for such
protection on their own.

If you are granted withholding of removal, this would not
give you the right to bring your relatives to the United
States. It also would not give you the right to apply for
lawful permanent resident status in the United States.
Withholding of Removal Under the CAT Regulations

To be granted withholding of removal to a country under
the CAT regulations, you must show that it is more likely
than not that you would be tortured in that country.

"Torture" is defined at 8 CFR sections 208.18(a) and
1208.18(a). For an act to be considered torture, it must be
an extreme form of cruel and inhuman treatment, it must
cause severe physical or mental pain and suffering, and it
must be specifically intended to cause severe pain and
suffering.
Torture is an act inflicted for such purposes as obtaining
from the victim or a third person information or a
confession, punishing the victim for an act he or she or a
third person has committed or is suspected of having
committed, intimidating or coercing the victim or a third
person, or for any reason based on discrimination of any
kind.
Torture must be inflicted by or at the instigation of, or
with the consent or acquiescence of, a public official
acting in an official capacity or other person acting in an
official capacity. Torture inflicted by a public official
who is not acting under the color of the law is not
considered torture inflicted by or at the instigation of, or
with the consent or acquiescence of a public official. See
8 CFR sections 208.18(a)(1) and 1208.18(a)(1).

Form I-589 will be considered an application for
withholding of removal under the CAT regulations if you
indicate in the application and to the immigration judge
that you would like to be considered for withholding of
removal under the CAT regulations, or if it is determined
that evidence indicates that you may be tortured in the
country of removal.

To apply for withholding of removal under the CAT
regulations, you must check the box at the top of Page 1
of the application and fully complete Form I-589.

If you apply for withholding of removal under the CAT
regulations, you must include a detailed explanation of
any torture you have experienced and why you fear
torture in response to Part B, Questions 1.C. and 1.D. of
the application. In your responses to Part B, Questions
1.C. and 1.D., you must write about any extreme form of
cruel or inhuman treatment, severe physical or mental
pain and suffering, or mistreatment you experienced or
fear, or any threats made against you by a government,
someone 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.

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.

Form I-589 Instructions 08/25/20 Page 4

The CAT regulations prohibit the United States from
removing you to a country in which it is more likely than
not that you would be subject to torture. They do not
prohibit the United States from returning you to any
other country where you would not be tortured. This
means that you may be removed to a third country where
you would not be tortured. Withholding of removal
under the CAT regulations does not allow you to adjust
to lawful permanent resident status or to petition to bring
family members to come to, or remain in, the United
States.

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);

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C. Deferral of Removal Under the CAT Regulations

If it is more likely than not that you will be tortured in a
country but you are ineligible for withholding of
removal, your removal will be deferred under 8 CFR
sections 208.17(a) and 1208.17(a). Deferral of removal
does not confer any lawful or permanent immigration
status in the United States and does not necessarily result
in release from detention. Deferral of removal is
effective only until it is terminated. Deferral of removal
is subject to review and termination if it is determined
that it is no longer more likely than not that you would
be tortured in the country to which your removal is
deferred or if you request that your deferral be
terminated.
D. Legal Sources and Guidance Relating to Eligibility
The documents listed below are some of the legal
sources and guidance relating to asylum, statutory
withholding of removal, and withholding of removal or
deferral of removal under the CAT regulations. These
sources are provided for reference only. You do not
need to refer to them in order to complete your
application.
1. Section 101(a)(42) of the INA, 8 U.S.C. 1101(a)
(42) (defining "refugee");
2. Section 208 of the INA, 8 U.S.C. 1158 (regarding
eligibility for asylum);
3. Section 241(b)(3) of the INA, 8 U.S.C. 1231(b)(3)
(regarding eligibility for statutory withholding of
removal);
4. Title 8 of the CFR sections 103.2, 208 and 1208, et
seq.;
5. Article 3 of the Convention Against Torture and
Other Cruel, Inhuman or Degrading Treatment or
Punishment;

8. The 1967 United Nations Protocol relating to the
Status of Refugees;
9. The 1951 Convention relating to the Status of
Refugees; and
10. The Office of the United Nations High
Commissioner for Refugees, Handbook on
Procedures and Criteria for determining Refugee
Status (Geneva, 1992).

III. Confidentiality

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

IV. Right to Counsel
Immigration law concerning asylum, statutory
withholding of removal and protection under the CAT
regulations is complex. You have a right to obtain and
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.

Form I-589 Instructions 08/25/20 Page 5

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-serviceproviders-map.

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.

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Representatives of the United Nations High
Commissioner for Refugees (UNHCR) may be able to
assist you in identifying persons to help you complete
the application. RefWorld, a resource database available
on UNHCR's website or at www.refworld.org, provides
useful country conditions information from a variety of
sources. Contact information for the UNHCR is:
United Nations High Commissioner for Refugees
1800 Massachusetts Avenue NW, Suite 500
Washington, DC 20036
Telephone: 202-296-5191
Email: [email protected]
Website: www.unhcr.org

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

V. Obtaining and Completing the Form
USCIS provides forms free of charge through the USCIS
website. To view, print, or fill out our forms, you should
use the latest version of Adobe Reader, which you can
download for free at http://get.adobe.com/reader/. The
USCIS Contact Center provides information in English
and Spanish. For TTY (deaf or hard of hearing) call:
1-800-767-1833.

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 (ANumber) (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 may amend or supplement your application before
or 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. For asylum applications filed with
USCIS, submit any documentary evidence at least 14
calendar days before your interview with an asylum
officer. Extensions to submit additional evidence may
be granted by USCIS on a discretionary basis. Any such
extension will be treated as an applicant-caused delay in
the adjudication of your asylum application. Any
applicant-caused delay will result in denial of your
application for employment authorization if the delay is
unresolved at the time you file for employment
authorization. See 8 CFR sections 208.7.
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 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.

Form I-589 Instructions 08/25/20 Page 6

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
must 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.

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.

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In Question 13, use the current name of the country. Do
not use historical, ethnic, provincial, or other local names.

2. If you are including any unmarried children under
21years of age in your application, submit three copies
of each child's birth certificate.

If you entered the country with inspection, the 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.

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.

Part A.II. Spouse and Children

1. Fully describe the circumstances or event(s) in
question and fully explain how the person acquired
knowledge of the event(s);

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.

Affidavits must:

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.

Form I-589 Instructions 08/25/20 Page 7

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.

If you answer "Yes" to Question 6, you must explain why
you did not apply for asylum within the first year after
you arrived in the United States. The Government may
accept as an explanation certain changes in the conditions
in your country, certain changes in your own
circumstances, and certain other events that may have
prevented you from applying earlier.

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Part B. Information About Your Application

This part asks specific questions relevant to eligibility for
asylum, statutory withholding of removal, or withholding
of removal under the CAT regulations. For Question 1,
check the box(es) next to the reason(s) that you are
completing this application. For all other questions, check
"Yes" or "No" in the box provided.
If you answer "Yes" to any question, explain in detail
using Form I-589, Supplement B or additional sheets of
paper, as needed.

You must clearly describe, in detail, any of your
experiences, or those of family members or others who
have had similar experiences that may show that you are a
refugee.
If you have experienced harm that is difficult for you to
write down and express, you must be aware that these
experiences may be very important to the decision-making
process regarding your request to remain in the United
States. At your interview with an asylum officer or hearing
with an immigration judge, you will need to be prepared to
discuss the harm you have suffered. If you have 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 USCIS, 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.)

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 may 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
adverse discretionary factors, the applicability of any of
which ordinarily would result in the referral to an
immigration judge (which may result in the denial by an
immigration judge) or denial of your asylum application,
see 8 CFR 208.13(d)(2), 1208.13(d)(2).

Form I-589 Instructions 08/25/20 Page 8

For Item Numbers 18.A., 18.B., and 18.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.

For Item Numbers 19.A. - 19.J., refer to the following
list of adverse discretionary factors and explanation of the
exceptions to this particular list of adverse discretionary
factors.
If one or more of the following adverse discretionary
factors apply to you, an asylum officer or immigration
judge will not, in general, favorably exercise discretion to
grant asylum, unless:

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For Item Number 18.A., refer to the following significant
adverse discretionary factor and corresponding
exceptions:
Unlawful entry or unlawful attempted entry into the
United States, unless:

1. The entry or attempted entry was made in immediate
flight from persecution in a contiguous country; or

2. At the time of the entry or attempted entry, you were
under the age of 18.

For Item Number 18.B., refer to the following significant
adverse discretionary factor and corresponding exceptions:

Failure to apply for protection from persecution or torture,
including refugee status or asylum, in any country through
which you transited before entering the United States,
unless:
1. 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;
2. 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
3. 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 Relating to the Status of Refugees, or
the CAT.

1. There are extraordinary circumstances, such as
national security or foreign policy considerations,
warranting a favorable exercise of discretion; or
2. You can demonstrate, by clear and convincing
evidence, that the denial or referral to an immigration
judge (which may result in the denial by an
immigration judge) of the asylum application would
result in exceptional and extremely unusual hardship.
See 8 CFR 208.13(d)(2), 1208.13(d)(2).
For Item Number 19.A., refer to the following adverse
discretionary factor and corresponding exceptions:
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, unless:
1. You demonstrate that you applied for protection from
persecution or torture in such country and you
received a final judgment denying protection in such
country;
2. 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
3. Such country was, at the time of the transit, not a party
to the 1951 United Nations Convention relating to the
Status of Refugees, the 1967 Protocol Relating to the
Status of Refugees, or the CAT.
For Item Number 19.B., refer to the following adverse
discretionary factor and corresponding exceptions:

For Item Number 18.C., refer to the following significant
adverse discretionary factor and corresponding exceptions:
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.
Form I-589 Instructions 08/25/20 Page 9

You transited through more than one country between
your country of citizenship, nationality, or last habitual
residence and the United States, unless:
1. 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;

For Item Number 19.H., refer to the following adverse
discretionary factor:
You have had two or more prior asylum applications
denied for any reason.
For Item Number 19.I., refer to the following adverse
discretionary factors and corresponding exceptions:

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2. 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

3. 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 Relating to the Status of Refugees, or
the CAT.
For Item Number 19.C., refer to the following adverse
discretionary factor and corresponding exception:

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.
For Item Number 19.D., refer to the following adverse
discretionary factor:

You accrued more than one year of unlawful presence in
the United States prior to filing an application for asylum.
For Item Numbers 19.E., 19.F., and 19.G., refer to the
following adverse discretionary factor and exceptions:
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:

1. 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;
2. Failed to satisfy any outstanding federal, state, or local
tax obligations; or

You have withdrawn a prior asylum application with
prejudice or been found to have abandoned a prior asylum
application.
You have failed to attend an interview regarding your
asylum application with DHS, unless you show, by a
preponderance of the evidence, that:
1. Exceptional circumstances prevented you from
attending the interview; or
2. 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.
For Item Number 19.J., refer to the following adverse
discretionary factor:
You were subject to a final order of removal, deportation,
or exclusion and did not file a motion to reopen to seek
asylum based on changed country conditions within one
year of those changes in country conditions.
Part D. Applicant's Statement, Contact Information,
Certification, and Signature
Select the appropriate box to indicate whether you read
this application yourself or whether you had an interpreter
assist you. If someone assisted you in completing the
application, select the box indicating that you used a
preparer. Further, you must sign and date your
application and provide your daytime telephone number,
mobile telephone number (if any), and email address (if
any). Every application MUST contain the signature of
the applicant (or parent or legal guardian, if applicable).
A stamped or typewritten name in place of a signature is
not acceptable.

3. 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.

Form I-589 Instructions 08/25/20 Page 10

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 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..)

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 F.

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

If you used anyone as an interpreter to read the
Instructions and questions on this application to you in a
language in which you are fluent, the interpreter must fill
out this section; provide his or her name, the name and
address of his or her business or organization (if any), his
or her daytime telephone number, his or her mobile
telephone number (if any), and his or her email address (if
any). The interpreter must sign and date the application.
Part F. Contact Information, Declaration, and
Signature of the Person Preparing this Application, if
Other Than the Applicant

This section must contain the signature of the person who
completed your application, if other than you, the
applicant. If the same individual acted as your interpreter
and your preparer, that person should complete both Part
E. and Part F. If the person who completed this
application is associated with a business or organization,
that person should complete the business or organization
name and address information. Anyone who helped you
complete this application MUST sign and date the
application. A stamped or typewritten name in place of a
signature is not acceptable. If the person who helped you
prepare your application is an attorney or accredited
representative, he or she may also need to submit a
completed Form G-28, Notice of Entry of Appearance as
Attorney or Accredited Representative, along with your
application.

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 sections 270 and 1270).

Form I-589 Instructions 08/25/20 Page 11

Part G. To Be Completed at Asylum Interview, 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 conclusion of the interview regarding your
claim to affirm all contents of this form and additional
documents and supplements are complete, true, and correct.

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:

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You are reminded that if an asylum officer determines
that you knowingly made a frivolous application for
asylum, such determination may be used as a basis for
the institution of, or as evidence in, removal
proceedings. You are also reminded that if an
immigration judge or the Board of Immigration
Appeals determines that you have knowingly made a
frivolous application for asylum, you will be
permanently ineligible for any benefits under the INA.
(See section 208(d)(6) of the INA.)
The definition of a frivolous asylum application is
available at 8 CFR sections 208.20 and 1208.20. (See
Section IV, Right to Counsel, in Part 1 of these
instructions.) Again, note that you may not avoid a
frivolous finding simply because someone advised or told
you to provide false information on your asylum
application.
NOTE: You must, however, sign Part D of the
application.

Part H. To Be Completed at Removal Hearing, If
Applicable

Do not sign your application in Part H 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 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.

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 Must 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.

3. Two copies of primary or secondary evidence of
relationship, such as birth or school records of your
children, marriage certificate, or proof of termination
of marriage, for each family member listed in Part
A.II. that you are including in your application.
NOTE: If you submit an affidavit, you must submit
the original and one copy. (For affidavit requirements,
see Part A.II in Part 1, Section V, of these
instructions.)

4. One passport-style photograph of yourself and of
each family member listed in Part A.II. that you are
including in your application. The photos must have
been taken no more than 30 days before you file your
application. Using a pencil, print the person's complete
name and A-Number (if any) on the back of each
photograph.
5. Two copies of all passports or other travel documents
(cover to cover) in your possession and two copies of
any U.S. immigration documents, such as a Form I-94,
Arrival-Departure Record, for you and each family
member included in your application, if you have such
documents. Do not submit original passports or travel
documents unless specifically requested.

Form I-589 Instructions 08/25/20 Page 12

6. If you have other identification documents (for
example, birth certificate, military or national
identification card, driver's license, etc.), we
recommend that you submit two copies with your
application and bring the original(s) with you to the
interview.
Copies. Documents filed with this application should be
photocopies. If you choose to send an original document,
USCIS or the Immigration Court may keep that original
document for its records.

IX. Biometrics, Including Fingerprints
and Photographs
1. Biometric Service Appointment. Applicants for
asylum are subject to a biometrics check of all
appropriate records and other information databases
maintained by the DHS, the Department of Justice, and
the Department of State. You will be required to
appear for a biometric services appointment to submit
biometrics (fingerprints, photograph, and/or signature),
so that USCIS can verify your identity, and conduct
background and security checks, including a check of
criminal history records maintained by the Federal
Bureau of Investigation (FBI), before making a
decision on your application.

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Translations. Any document containing foreign
language submitted to USCIS must be accompanied by a
full English language translation that the translator has
certified as complete and accurate, and by the translator's
certification that he or she is competent to translate from
the foreign language into English.

VII. Additional Evidence That You Must Submit
You must submit reasonably available corroborative
evidence showing (1) the general conditions in the
country from which you are seeking asylum, and (2) the
specific facts on which you are relying to support your
claim.
If evidence supporting your claim is not reasonably
available or you are not providing such corroboration at
this time, you must explain why, using Form I-589,
Supplement B or additional sheets of paper.

Supporting evidence may include but is not limited to
newspaper articles, affidavits of witnesses or experts,
medical and/or psychological records, doctors' statements,
periodicals, journals, books, photographs, official
documents, or personal statements or live testimony from
witnesses or experts.
If you have difficulty discussing harm you have suffered
in the past, you may wish to submit a health professional's
report explaining this difficulty.

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

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.

2. Arrests and Convictions. Aliens who have been
convicted of a particularly serious crime are not eligible
for asylum. For applications filed on or after April 1,
1997, the conviction may have occurred either inside or
outside of the United States. If you have been arrested
in the United States, you must submit a certified copy
of all arrest reports, court dispositions, sentencing
documents, and any other relevant documents
3. Failure to Appear for Scheduled Appointment. An
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 and/or result in an asylum officer dismissing your
asylum application or referring it to an immigration
judge. An unexcused failure to appear for an interview
or for your biometric services appointment may also
delay or result in denial of any application for
employment authorization based on your pending
application for asylum. 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 sections 208.7(a)(1)(v) and 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.
Form I-589 Instructions 08/25/20 Page 13

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 F; and

NOTE: Any additional pages submitted should include
your printed name (exactly as it appears in Part A.I. of
the form), A-Number (if any), signature and date.

XI. Incomplete Asylum Applications
USCIS will issue a receipt notice for an asylum
application properly filed under 8 CFR section 103. If
USCIS rejects your application, we will return the
application with a rejection notice explaining the reasons
for rejection. You may correct the deficiencies and refile
your application. If you filed your asylum application
with USCIS, you can check the status of your application
on the USCIS website.

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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.

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.

The filing and acceptance by USCIS of a complete
application starts the 365 calendar-day period you must
wait before you may apply for employment authorization.
If your application is not complete and is returned to you,
the 365 calendar-day period will not begin until you
resubmit, and USCIS accepts, a properly-filed application.
(See Section V. Employment Authorization While Your
Application Is Pending, Part 2 of these instructions for
further information regarding eligibility for employment
authorization.)

XII. Where to File?

Although USCIS will confirm in writing its receipt of
your application, you may wish to send the completed
forms by registered mail (return receipt requested) for
your own records.
If you are in proceedings in Immigration Court, unless
you are filing as an unaccompanied alien child (UAC):
If you are currently in proceedings in Immigration Court
(that is, if you have been served with Form I-221, Order
to Show Cause and Notice of Hearing; Form I-122,
Notice to Applicant for Admission Detained for Hearing
Before an Immigration Judge; Form I-862, Notice to
Appear; or Form I-863, Notice of Referral to Immigration
Judge), you are required to file your Form I-589 with the
Immigration Court having jurisdiction over your case.

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.

Form I-589 Instructions 08/25/20 Page 14

At the master calendar hearing, counsel for DHS will
provide you with instructions for providing biometric and
biographical information to USCIS that you must follow.
These instructions may also be obtained at
www.uscis.gov/laws/immigration-benefits-eoirremoval-proceedings. The following paragraphs describe
the instructions that you will have to follow.

2. An ASC notice for you and any eligible spouse and
children included in your Form I-589 who are also in
removal proceedings. Each ASC notice will indicate
the individual's unique receipt number and will provide
instructions for each person to appear for an
appointment at a nearby ASC for collection of
biometrics (such as your photograph, fingerprints, and
signature). If you do not receive the ASC notice in 3
weeks, call 1-800-375-5283 (TTY: 1-800-767-1833).

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In addition to filing your Form I-589 with the
Immigration Court and serving a copy on the appropriate
U.S. Immigration and Customs Enforcement (ICE) Office
of Principal Legal Advisor, you must also complete the
following requirements before the immigration judge can
grant relief or protection in your case.
Send the following three items to the USCIS Nebraska
Service Center:

1. A clear copy of the first three pages of your completed
Form I-589 that you will be filing or have filed with
the Immigration Court, which must include your full
name, current residential address, current mailing
address, and A-Number. Do not submit any
documents other than the first three pages of the
completed Form I-589;
2. A copy of Form G-28, Notice of Entry of Appearance
as Attorney or Accredited Representative, if you are
represented; and
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:
1. A USCIS receipt notice indicating that USCIS received
your Form I-589; and

NOTE: If you also mail applications for other forms of
relief that you are applying for while in removal
proceedings, as specified by the instructions provided by
counsel for DHS at your master calendar hearing, you will
receive two notices with different receipt numbers. You
must wait for and take both scheduling notices to your
ASC appointment.
You (and your eligible spouse and children, regardless of
age) must then:
1. Attend the biometrics appointment at the ASC and
obtain a biometrics confirmation document before
leaving the ASC; and

2. Retain your ASC biometrics confirmation as proof
that your biometrics were taken and bring it to your
future Immigration Court hearings.
NOTE: If the instructions above should change for
submitting copies of the first three pages of your asylum
application to the USCIS Nebraska Service Center for
purposes of receiving the receipt notice and ASC
scheduling appointment, you will be provided the changed
instructions, either at the master calendar hearing or at
another point in the Immigration Court proceedings.
Follow the instructions you are provided, or else you may
not receive the ASC biometrics scheduling notice in a
timely manner.
1. After completion of exclusion, deportation, or removal
proceedings, and in conjunction with a motion to
reopen under 8 CFR section 1003, with the
Immigration Court having jurisdiction over the prior
proceeding, any such motion must reasonably explain
the failure to request asylum prior to the completion of
the proceedings; or
2. In proceedings under 8 CFR 208.2(c) and 1208.2(c) and
after Form I-863, Notice of Referral to Immigration
Judge, has been served on you and filed with the
Immigration Court, an immigration judge will have
exclusive jurisdiction over your case.

Form I-589 Instructions 08/25/20 Page 15

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

If you live in:

Mail your application to:

Alabama, Arkansas,
Colorado, District of
Columbia, Florida, Georgia,
Louisiana, Maryland,
Mississippi, New Mexico,
North Carolina, Oklahoma,
Western Pennsylvania* (in
the jurisdiction of the
Pittsburgh field office),
Puerto Rico, South
Carolina, Tennessee, Texas,
U.S. Virgin Islands, Utah,
Virginia, West Virginia, or
Wyoming

USCIS Texas Service Center
Attn: I-589
6046 N Belt Line Rd.
STE. 589
Irving, TX 75038-0018

Alaska, Northern California*,
Idaho, Illinois, Indiana, Iowa,
Kansas, Kentucky, Michigan,
Minnesota, Missouri, Montana,
Nebraska, Northern Nevada*
(in the jurisdiction of the Reno
field office), North Dakota,
Ohio, Oregon, South Dakota,
Washington, or Wisconsin

USCIS Nebraska Service
Center
P.O. Box 87589
Lincoln, NE 68501-7589

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

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

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

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

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If you received an instruction sheet from counsel for DHS
when you attended a hearing in Immigration Court, or if
you have a copy of documentation provided by the
Department of Health and Human Services, Office of
Refugee Resettlement (ORR) showing that you are, or
that you were in ORR custody as a UAC, such as the
UAC Initial Placement Referral Form or the ORR
Verification of Release Form, please submit those
documents with your application package as well.
If you are a UAC but you are not in removal
proceedings, please submit your Form I-589 application
package as directed below in the discussion entitled, “If
you are not in proceedings in Immigration Court or
before the Board of Immigration Appeals.”
If you are in proceedings before the Board of
Immigration Appeals:

You may file your Form I-589 with the Board of
Immigration Appeals in conjunction with a motion to
remand or reopen under 8 CFR sections 1003.2 and
1003.8. You may file an initial Form I-589 with the
Board of Immigration Appeals only if the Board of
Immigration Appeals has jurisdiction over your case.
Any such motion must reasonably explain the failure to
request asylum and/or withholding of removal prior to the
completion of the proceedings.
If you are not in proceedings in Immigration Court or
before the Board of Immigration Appeals:

National Customer Service Center: 1-800-375-5283
TTY: for the Hearing Impaired: 1-800-767-1833

Mail your completed Form I-589 and any other additional
information to the USCIS Service Center as indicated
below or visit the USCIS website: www.uscis.gov/i-589.

California and Nevada Residents
Los Angeles Asylum Office: 714-808-8000
San Francisco Asylum Office: 415-293-1234

*NOTE: Applicants living in California, Nevada, and
Pennsylvania should call the USCIS National Customer
Service Center or their local asylum office if they are
unsure where to mail their applications.

Pennsylvania Residents
Arlington Asylum Office: 703-235-4100
Newark Asylum Office: 201-531-0555
Information concerning asylum offices and where to file
asylum applications is also available on the USCIS
website at www.uscis.gov.

Form I-589 Instructions 08/25/20 Page 16

If you previously applied for and were denied asylum by
USCIS or if you were previously included in a spouse's or
parent's pending application but you are no longer eligible
to be included as a dependent, mail your completed Form
I-589 to the Asylum Office having jurisdiction over your
place of residence. (See www.uscis.gov/asylum for
information on Asylum Office jurisdiction.) Include a
letter with your application stating that you previously
applied for asylum and were denied or that you are now
filing independently for asylum. Reference in the letter
the application on which you were a dependent.

If you fall into one of the above categories and you have
not yet been served with Form I-863, you may file your
completed Form I-589 with the USCIS service center
having jurisdiction over your application. The asylum
office director may elect to serve you with Form I-863, in
which case the asylum office director will forward your
asylum application to the appropriate Immigration Court.

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You may file your completed Form I-589 directly with the
Asylum Office having jurisdiction over your case only if:
1. You have received the express consent of the Asylum
Office Director or the Director of the Asylum Division
to do so; or
2. You were previously included in a spouse's or parent's
pending application but you are no longer eligible to
be included as a derivative applicant. In such cases,
you must include a cover letter referencing the
previous application and explaining that you are now
independently filing for asylum.

The following categories of individuals are not entitled to
an asylum interview at a USCIS asylum office:
1. Certain alien crewmembers;
2. Certain stowaways;

3. Visa Waiver Program applicants for admission;

4. Visa Waiver Program overstays and status violators;

5. Certain aliens ordered removed under section 235(c) of
the INA on security-related grounds; and
6. Aliens granted S nonimmigrant status under section
101(a)(15)(S) of the INA (such as witnesses and
informants).
Individuals subject to these special categories who file
asylum applications with USCIS service centers will be
served with Form I-863, Notice of Referral to
Immigration Judge, when they appear at the USCIS
asylum office and will be referred to Immigration Court
for an asylum-only hearing.

If you are an alien crewmember in custody and you have
been given Form I-589 as well as information about the
privilege of being represented by counsel and the
consequences of knowingly filing a frivolous asylum
application, you have 10 days within which to submit
your completed Form I-589 to the U.S. Immigration and
Customs Enforcement (ICE) Field Office Director having
jurisdiction over the port of entry at which your vessel
arrived. The Field Office Director may extend the 10-day
filing period for good cause. Once you file your
application, the Field Office Director will serve you with
Form I-863 and immediately forward your application to
the appropriate Immigration Court.

Part 2. Information Regarding Post-Filing
Requirements
I. Notification Requirements When Your
Address Changes

If you change your address, you must inform USCIS in
writing within 10 days of moving.
While your asylum application is pending with the
asylum office, you must notify the asylum office on
Form AR-11, Alien's Change of Address Card, or by a
signed and dated letter notifying USCIS within 10 days
after you change your address.
The address that you provide on the application, or the
last change of address notification that you submitted, will
be used by USCIS for mailing. Any notices mailed to that
address will constitute adequate service, except that
personal service may be required for the following: Form
I-122, Notice to Alien Detained for Hearing by an
Immigration Judge; Form I-221, Order to Show Cause;
Form I-862, Notice to Appear; Form I-863, Notice of
Referral to Immigration Judge; and Form I-860, Notice
and Order of Expedited Removal.

Form I-589 Instructions 08/25/20 Page 17

If you are already in proceedings in Immigration
Court, you must notify the Immigration Court on
EOIR Form 33/IC, Alien's Change of Address Form/
Immigration Court, of any changes of address within
5 days of the change in address. You must send the
notification to the Immigration Court having jurisdiction
over your case. You must also notify USCIS on Form
AR-11, Alien's Change of Address Card, or by a signed
and dated letter within 10 days after you change your
address.

If you are deaf, or if you are hard of hearing and need a
sign language interpreter in your language, one will be
provided for you. Contact the Asylum Office with
jurisdiction over your case as soon as you receive a notice
for your asylum interview to notify the office that you will
need a sign language interpreter in your language so that
accommodations can be made in advance.

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II. Asylum Interview Process

If you are not in proceedings in Immigration Court, you
will be notified by the USCIS Asylum Office of the time,
date, and place (address) of a scheduled interview.

USCIS recommends that you bring a copy of your Form
I-589 with you when you have your asylum interview. An
asylum officer will interview you under oath and make a
determination concerning your claim. In most cases, you
will not be notified of the decision in your case until a
date after your interview.
You have the right to legal representation at your
interview, at no cost to the U.S. Government. (See
Section IV, Right to Counsel.) You also may bring
witnesses with you to the interview to testify on your
behalf.

If you are unable to proceed with the asylum interview
in fluent English, you must provide, at no expense to
USCIS, a competent interpreter fluent in both English
and a language that you speak fluently.
Your interpreter must be at least 18 years of age. The
following persons cannot serve as your interpreter: your
attorney or representative of record, a witness testifying
on your behalf at the interview, or a representative or
employee of your country. Quality interpretation may be
crucial to your claim. This assistance must be obtained at
your expense prior to the interview.

Failure without good cause to bring a competent
interpreter to your interview may be considered an
unexcused failure to appear for the interview. Any
unexcused failure to appear for an interview may
prevent you from receiving employment authorization,
and your asylum application may be dismissed or
referred directly to the Immigration Court.

If available, you must bring some form of identification to
your interview, including any passport(s), other travel or
identification documents, or Form I-94, Arrival-Departure
Record. You may bring to the interview any additional
available items documenting your claim that you have not
already submitted with your application. All documents
must be submitted in triplicate.
If members of your family are included in your
application for asylum, they must also appear for the
interview and bring any identity or travel documents they
have in their possession.

III. Status While Your Application Is Pending

While your case is pending, you will be permitted to
remain in the United States. After your asylum interview,
if you have not been granted asylum and appear to be
removable under section 237 of the INA, 8 U.S.C. 1227,
or inadmissible under section 212 of the INA, 8 U.S.C.
1182, the asylum office will refer your application,
together with the appropriate charging document, to the
Immigration Court for adjudication in removal
proceedings.

IV. Travel Outside the United States
If you leave the United States without first obtaining
advance parole from USCIS using Form I-131,
Application for a Travel Document, we will presume that
you have abandoned your asylum application. If you
obtain advance parole and return to the country of claimed
persecution, we will presume that you abandoned your
asylum application, unless you can show that there were
compelling reasons for your return.
NOTE: The application process for advance parole varies
depending on your personal circumstances. Use InfoPass
on the USCIS website to check with your local USCIS
District Office for application instructions. Additional
information on obtaining advance parole is available from
the USCIS website at www.uscis.gov.

Form I-589 Instructions 08/25/20 Page 18

V. Employment Authorization While Your
Asylum Application Is Pending
Simply filing an application for asylum does not entitle
you to employment authorization or to work in the United
States. You must wait to apply for employment
authorization until your asylum application has been
pending with USCIS or the Immigration Court for 365
calendar days. If 365 calendar days have elapsed since
you properly filed your asylum application and USCIS or
the Immigration Court accepted it, and your asylum
application remains pending, you may request employment
authorization by filing Form I-765, Application for
Employment Authorization. (See 8 CFR section 208.7(a)).

8. Failure to provide a competent interpreter at interview;
and;
9. Failure to comply with any other request needed to
determine asylum eligibility.
For more information on employment authorization
documents, see Form I-765 Instructions. Each family
member whom you have asked to be included in your
asylum application and who also wants an employment
authorization document must submit his or her own Form
I-765.

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You cannot apply for employment authorization if USCIS
or the Immigration Court denies your Form I-589 before
the expiration of the 365 calendar-day period. If your
asylum application is still pending with USCIS or the
Immigration Court after 365 calendar days, you may
apply for employment authorization.
If you cause a delay in the processing of your asylum
application that is unresolved when your application for
employment authorization is adjudicated, USCIS will
deny your application for employment authorization.

Examples of applicant-caused delays include, but are not
limited to:

1. A request to amend or supplement an asylum application
that causes a delay in its adjudication or in proceedings
as described in section 208.4(c);
2. Failure to appear to receive and acknowledge receipt
of the decision as specified in section 208.9(d);
3. A request for extension to submit additional evidence
fewer than 14 days before the interview date as
permitted by section 208.9(e);
4. Failure to appear for an asylum interview or biometric
services appointment, unless excused by USCIS as
described in 208.10(b)(1) for the failure to appear;
5. A request to reschedule an interview for a later date;
6. A request to transfer a case to a new asylum office or
interview location, including when the transfer is based
on a new address;

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

VI. Employment Authorization When Your
Asylum Application Is Approved

Aliens granted asylum (asylees) are authorized to work in
the United States and are not required to apply for an
employment authorization document; however, you may
request an EAD under 8 CFR section 274a.12(a)(5) if you
want to have evidence of your employment authorization.

DHS Privacy Notice

AUTHORITIES: The information requested on this
application, and the associated evidence, is collected
under the Immigration and Nationality Act sections 103,
208, and 241(b)(3), and 8 CFR sections 103, 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 the denial of your benefit
request.

7. A request to provide additional evidence after
interview;

Form I-589 Instructions 08/25/20 Page 19

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.

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 18.5
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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USCIS Forms and Information

You can get USCIS forms and immigration-related
information on the USCIS website at www.uscis.gov. If
you do not have internet access, you may order USCIS
forms by calling the USCIS Contact Center at
1-800-375-5283. (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.

Penalties

Paperwork Reduction Act

Supplements to Form I-589

Form I-589, Supplement A - For use to complete Part
A.II.
Form I-589, Supplement B - For use to complete Parts
B and C and to provide additional information for any
other part of the application.

If you knowingly and willfully falsify or conceal a
material fact or submit a false document with Form I-589,
we will deny your Form I-589 and may deny any other
immigration benefit.

In addition, you will face severe penalties provided by law
and may be subject to criminal prosecution.
For specific information, see Part E in Part 1., Section V.
of these instructions.

Form I-589 Instructions 08/25/20 Page 20