I-589 Instructions Table of Changes

I589-011-INS-TOC-GlobalAsylumRule-FinalRule-11242020.pdf

Application for Asylum and for Withholding of Removal

I-589 Instructions Table of Changes

OMB: 1615-0067

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TABLE OF CHANGES – INSTRUCTIONS
Form I-589, Application for Asylum and Withholding of Removal
OMB Number: 1615-0067
11/24/2020
Reason for Revision: Global Asylum Rule
Project Phase: Final Rule
Legend for Proposed Text:
• Black font = Current text
• Red font = Changes
Expires 07/25/2022
Edition Date 08/25/2020
Current Page Number
and Section
Page 1,
What Is the Purpose of
This Form?

Current Text

Proposed Text

[Page 1]

What Is the Purpose of This Form?

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

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

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

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.)

You may include in your application your
spouse and unmarried children who are
1

[deleted]

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.

Page 1,

[Page 1]

WARNING –
IMPORTANT NOTICE

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.

•

Applicants determined to have
knowingly made a frivolous
application for asylum will be
permanently ineligible for any
benefits under the Immigration and
Nationality Act (INA). You may not
avoid a frivolous finding simply
because someone advised you to
provide false information in your
asylum application. See section
208(d)(6) of the INA and Title 8 of
the Code of Federal Regulations
(CFR) sections 208.20 and 1208.20.

•

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.

•

If filing with U.S. Citizenship and
Immigration Services (USCIS),

•

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) of the INA and
8 CFR sections 208.10, 1208.10, and
1003.47(d).

unexcused failure to appear for an
appointment or to provide
biometrics (such as fingerprints) and
other biographical information
within the time allowed or unexcused
failure to appear for an asylum
interview may delay eligibility for
employment authorization and result
in an asylum officer dismissing your
asylum application or referring it to
an immigration judge.

•

Applicants and eligible dependents in
removal proceedings who fail
without good cause to provide USCIS
with their biometrics or their
biographical information as required
within the time allowed may have
their applications found abandoned
by the immigration judge. See
sections 208(d)(5)(A) and 208(d)(6) of
the INA and 8 Code of Federal
Regulations (CFR) sections 208.10,
1208.10, 208.13(d), 1208.13(d),
208.20, 1003.47(d), and 1208.20.

Page 2,

[Page 2]

Table of Contents

Part 1. Filing
Instructions.................................................
......................................................................
..
2
I. Who May Apply and Filing
Deadlines......................................................
............................................
2
II. Basis of
Eligibility......................................................
......................................................................
...... 2
A.
Asylum………….........................................
......................................................................
..2
B. Withholding of
Removal........................................................
.........................................................
4
C.
Deferral of Removal Under the
Convention Against
Torture........................................................4
D.
Legal Sources Relating to
Eligibility......................................................
..........................................4
III.

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
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 F. To Be Completed at Asylum
Part G. To Be Completed at Asylum
Interview, If
Interview, If
Applicable..................................................7 Applicable.............................................12
Part G.
To Be Completed at Removal Part H. To Be Completed at Removal
Hearing, If
Hearing, If
Applicable..................................................7 Applicable................................................12
VI.
Required Documents and Required VI. Required Documents and Required
Number of Copies That You Must Submit
Number of Copies That You Must Submit
With Your
With Your
Application………………………………
Application………………………………
……………………………………………
……………………………………………
……………..7
………………….....12
VII. Additional Evidence That You Must
VII. Additional Evidence That You Must
Submit.......................................................... Submit..........................................................
...........................8
.........................13
VIII.
VIII.
Fee............................................................12 Fee............................................................13
IX. Biometrics, Including Fingerprints and IX. Biometrics, Including Fingerprints and
Photographs
Photographs
....................................................................8 ................................................................. 13
X. Organizing Your
X. Organizing Your
Application................................................... Application...................................................
...............................................9
...............................................................14
XI. Incomplete Asylum Applications
XI. Incomplete Asylum Applications
...................................................................... ......................................................................
4

.................................9
XII.
Where To
File?..............................................................
...................................................................9

....................................14
XII. Where To
File?..............................................................
..................................................................14

Part 2. Information Regarding PostFiling
Requirements..............................................
....................
12
I. Notification Requirements When Your
Address
Changes........................................................
........
12
II. Asylum Interview
Process..........................................................
.......................................................
12
III. Status While Your Application Is
Pending.........................................................
...............................
13
IV. Travel Outside the United
States............................................................
...........................................
13
V. Employment Authorization While Your
Asylum Application Is
Pending.......................................13
VI. Employment Authorization When Your
Asylum Application Is
Approved……………...………..13
USCIS Privacy Act
Statement.....................................................
............................................................. 13
USCIS Forms and
Information.................................................
............................................................... 14
Penalties.......................................................
......................................................................
.........................14
Paperwork Reduction Act
......................................................................
..................................................
14
Supplements to Form I589................................................................
......................................................
14

Part 2. Information Regarding PostFiling
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
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 I589................................................................
......................................................20

Page 2,

[Page 2]

Part 1. Filing
Instructions
Page 2,

Part 1. Filing Instructions

I. Who May Apply and
Filing Deadlines

I. Who May Apply and Filing Deadlines

You may apply for asylum irrespective of
your immigration status, including if you
are in the United States unlawfully, unless

You may apply for asylum irrespective of
your immigration status and even if you are
in the United States unlawfully unless

[Page 2]

otherwise provided by statute or
regulations.

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.

[new]

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/ refugeesasylum/asylum/minor-children-applyingasylum- themselves.

Detailed UAC filing instructions are found

in Part 1. Section XII of these instructions.

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.

The determination of whether you are
permitted to apply for asylum will be made
once you have had an asylum interview
with an asylum officer or a hearing before
an immigration judge. Even if you are not
eligible to apply for asylum for the reasons
stated above, you may still be eligible to
apply for withholding of removal under
section 241(b)(3) of the INA or under the
Convention Against Torture before the
Immigration Court.

The determination of whether you are
permitted to apply for asylum will be made
once you have had an asylum interview
with an asylum officer or a hearing before
an immigration judge. Even if you are not
eligible to apply for asylum for the reasons
stated above, you may still be eligible to
apply for statutory withholding of removal
or withholding of removal under the CAT
regulations before the Immigration Court.

Pursuant to 48 U.S.C. 1806(a)(7), 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.

Page 3-4,

[Page 3]

II. Basis of Eligibility

A. Asylum

To qualify for asylum, you must establish
that you are a refugee who is unable or
unwilling to return to his or her country of
nationality, or last habitual residence if you
have no nationality, because of persecution
or a well-founded fear of persecution on
account of race, religion, nationality,
membership in a particular social group, or
political opinion. This means that you must
establish that race, religion, nationality,
membership in a particular social group, or
political opinion was or will be at least one
central reason for your persecution or why
you fear persecution. (See section 208 of

To qualify for asylum, you must establish
that you are a refugee who is unable or
unwilling to return to his or her country of
nationality, or last habitual residence if you
have no nationality, because of persecution
or a well-founded fear of persecution on
account of race, religion, nationality,
membership in a particular social group, or
political opinion. This means that you must
establish that race, religion, nationality,
membership in a particular social group, or
political opinion (known as protected
grounds) was or will be the basis for why
you were harmed or fear future harm. (See

the INA; 8 CFR sections 208 and 1208, et
seq.)

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.

[new]

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).
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).

If you are granted asylum, you and any
eligible spouse or child included in your
application can remain and work in the
United States and may eventually adjust to
lawful permanent resident status. If you
are not granted asylum, the Department
of Homeland Security (DHS) may use the
information you provide in this
application to establish that you are
removable from the United States.

B. Withholding of Removal

Your asylum application is also considered
to be an application for withholding of
removal under section 241(b)(3) of the
INA, as amended. It may also be

Your asylum application is also considered
to be an application for statutory
withholding of removal. It may also be
considered an application for withholding

considered an application for withholding
of removal under the Convention Against
Torture if you checked the box at the top of
Page 1 of the form, or if the evidence you
present indicates that you may be tortured
in the country of removal. (See 8 CFR
sections 208.13(c)(1) and 1208.13(c)(1)).
If asylum is not granted, you may still be
eligible for withholding of removal.

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;

3. Have been convicted by a final judgment
of a particularly serious crime and therefore
represent a danger to the community of the
United States;

4. Are considered for serious reasons to
have committed a serious non-political
crime outside the United States; or

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.)

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.

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

Statutory Withholding of Removal
Under Section 241(b)(3) of the INA
[Page 4]

To qualify for withholding of removal
under section 241(b)(3) of the INA, you
must establish that it is more likely than not
that your life or freedom would be
threatened on account of race, religion,
nationality, membership in a particular
social group, or political opinion in the
proposed country of removal.

To qualify for statutory withholding of
removal, you must establish that it is more
likely than not that your life or freedom
would be threatened on account of race,
religion, nationality, membership in a
particular social group, or political opinion
in the proposed country of removal. See 8
CFR 1208.16(b). The definitions of
particular social group, political opinion,
persecution and nexus applicable to asylum
also apply to statutory withholding of
removal. See 8 CFR 1208.1.

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

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

Withholding of Removal Under the
Convention Against Torture

Withholding of Removal Under the CAT
Regulations

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

[deleted]

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

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

"Torture" is defined at 8 CFR sections
208.18(a) and 1208.18(a), which
incorporate the definitions in Article 1 of
the Convention against Torture as
implemented in U.S. law. For an act to be
considered torture, it must be an extreme
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 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 or other
person acting in an official capacity. 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.

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).

[new]

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).

[moved down from above]

The victim must be in the custody or
physical control of the torturer. Torture
does not include pain or suffering that
arises only from, is inherent in, or is
incidental to lawful sanctions, although
such actions may not defeat the objective
and purpose of the Convention Against
Torture.

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

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

[Page 4]
To apply for withholding of removal under
the Convention Against Torture, you must
check the box at the top of Page 1 of the
application and fully complete Form I-589.

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.

You must include a detailed explanation of
why you fear torture in response to Part B.
Question 4 of the application. In your
response, you must write about any
mistreatment you experienced or any
threats made against you by a government
or somebody connected to a government.

If you apply for withholding of removal
under the CAT regulations, you must
include a detailed explanation of any
torture you have experienced and why you
fear torture in response to Part B,
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 Convention Against
Torture. If you have applied for asylum,
the immigration judge will first determine
whether you are eligible for asylum under
section 208 of the INA and for withholding
of removal under section 241(b)(3) of the
INA. If you are not eligible for either
asylum under section 208 of the INA or
withholding of removal under section
241(b)(3) of the INA, the immigration
judge will determine whether the
Convention Against Torture prohibits your
removal to a country where you fear
torture.

Only immigration judges and the Board of
Immigration Appeals may grant
withholding of removal or deferral of
removal under the CAT regulations. If you
have applied for asylum, the immigration
judge will first determine whether you are
eligible for asylum and for statutory
withholding of removal. If you are not
eligible for either asylum or statutory
withholding of removal, the immigration
judge will determine whether the CAT
regulations prohibit your removal to a
country where you fear torture.

[Page 5]
As implemented in U.S. law, Article 3 of
the Convention against Torture prohibits
the United States from removing you to a
country in which it is more likely than not
that you would be subject to torture.
However, the Convention Against
Torture does not prohibit the United
States from returning you to any other
country where you would not be
tortured. This means that you may be
removed to a third country where you
would not be tortured. Withholding of
removal under the Convention Against
Torture does not allow you to adjust to
lawful permanent resident status or to
petition to bring family members to come
to, or remain in, the United States.

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.

C. Deferral of Removal Under the
Convention Against Torture

C. Deferral of Removal Under the CAT
Regulations

If it is more likely than not that you will be
tortured in a country but you are ineligible

for withholding of removal, your removal
will be deferred under 8 CFR sections
208.17(a) and 1208.17(a). Deferral of
removal does not confer any lawful or
permanent immigration status in the United
States and does not necessarily result in
release from detention. Deferral of removal
is effective only until it is terminated.
Deferral of removal is subject to review
and termination if it is determined that it is
no longer more likely than not that you
would be tortured in the country to which
your removal is deferred or if you request
that your deferral be terminated.

D. Legal Sources and Guidance Relating
to Eligibility

The documents listed below are some of
the legal sources and guidance relating to
asylum, withholding of removal under
section 241(b)(3) of the INA, and
withholding of removal or deferral of
removal under the Convention Against
Torture. These sources are provided for
reference only. You do not need to refer to
them in order to complete your application.

The documents listed below are some of
the legal sources and guidance relating to
asylum, statutory withholding of removal,
and withholding of removal or deferral of
removal under the CAT regulations. These
sources are provided for reference only.
You do not need to refer to them in order to
complete your application.

1. Section 101(a)(42) of the INA, 8
U.S.C. 1101(a)(42) (defining
"refugee");

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
withholding of removal);

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 as
implemented by section 2242(b) or the
Foreign Affairs Reform and
Restructuring Act of 1998 and 8 CFR
section 208, as amended by the
Regulations Concerning the
Convention Against Torture: Interim
Rule, 64 FR 8478-8492 (February 19,
1999) (effective March 22, 1999); 64
FR 13881 (March 23, 1999);

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

6. 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,

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

64 FR 8478-8492 (February 19, 1999); 64
FR 13881 (March 23, 1999);
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).

Page 4,

[Page 4]

[Page 5]

III. Confidentiality

The information collected will be used to
make a determination on your application.
It may also be provided to other
government agencies (federal, state, local,
and/or foreign) for purposes of
investigation or legal action on criminal
and/or civil matters and for issues arising
from the adjudication of benefits.
However, no information indicating that
you have applied for asylum will be
provided to any government or country
from which you claim a fear of persecution.
Regulations at 8 CFR sections 208.6 and
1208.6 protect the confidentiality of asylum
claims.

The information collected will be used to
make a determination on your application.
No information indicating that you are
seeking or have sought asylum or
withholding of removal will be disclosed
without your written consent, except as
otherwise permitted under the regulations
at 8 CFR sections 208.6 and 1208.6. For
example, upon filing your application, any
information contained in your application,
any supporting evidence, or any
information about you, may be disclosed as
part of an investigation or adjudication of
the merits of your application or any other
application arising under the immigration
laws, as part of any state or federal criminal
investigation, proceeding, or prosecution,
pursuant to any 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.

Page 4-5,

[Page 4]

[Page 5]

IV. Right to Counsel

Immigration law concerning asylum and
withholding of removal or deferral or
removal is complex. You have a right to
obtain and provide your own legal

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

representation at an asylum interview and
during immigration proceedings before the
Immigration Court at no cost to the U.S.
Government.

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.
[Page 6]

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

[Page 5]
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:

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.
Asylum-seekers in detention centers and
jails may call UNHCR toll-free by dialing
#566 or 1-888-272-1913 on Monday,
Wednesday, and Friday, 2 p.m. - 5 p.m.

(Eastern Standard Time).

Page 5-8,

[Page 5]

[Page 6]

V. Obtaining and
Completing the Form

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 must type or print all of your answers
in black ink on Form I-589. Your answers
must be completed in English. Forms
completed in a language other than English
will be returned to you. You must provide
the specific information requested about
you and your family and answer all the
questions asked.

If any question does not apply to you or
you do not know the information requested,
answer "none," "not applicable," or
"unknown."

You must provide detailed information and
answer the questions as completely as
possible. If you file your application with
missing information, we may return it to
you as incomplete. If you need more space,
attach Form I-589, Supplement A or B
(included in the application package)
and/or additional sheet(s) indicating the
question number(s) you are answering.

You are strongly urged to attach additional
written statements and documents that
support your claim. Your written
statements should include events, dates,
and details of your experiences that relate
to your claim for asylum.

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.

NOTE: Put your Alien Registration
Number (A-Number) (if any), name
(exactly as it appears in Part A.I. of the
form), signature, and date on each
supplemental sheet and on the cover page
of any supporting documents.

You 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 applicantcaused 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 (ANumber) refers to your USCIS file number.
If you do not already have an A-Number,
USCIS will assign one to you.

This part asks for basic information about
you. Alien Registration Number (ANumber) refers to your USCIS file number.
If you do not already have an A-Number,
USCIS will assign one to you.
[Page 7]

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.

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

If you entered the country with inspection,
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.

Part A.II. Spouse and Children

You must list your spouse and all of your
children, including your stepchildren,
deceased children, adopted children, and
adult children, in this application,
regardless of their age, marital status,
whether they are in the United States, or
whether or not they are included in this
application or are filing a separate asylum
application.

In addition, you may include in your
asylum application your spouse and/or any
children who are under 21 years of age and
unmarried, if they are in the United States.
Children who are married and/or children
who are 21 years 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.

[Page 6]
On the other hand, if you are not approved
for asylum, your spouse or children are also
not approved.

[this was attached to the above paragraph]

If you apply for asylum while in
proceedings before the Immigration Court,
the immigration judge may not have
authority to grant asylum to any spouse or
child included in your application who is
not also in proceedings.

When including family members in your
asylum application, you must submit one
additional copy of your completed asylum

application and primary documentary
evidence establishing your family
relationship for each family member, as
described below:

1.
If you are including your spouse in
your application, submit three copies of
your marriage certificate and three copies
of proof of termination of any prior
marriages.

1. If you are including your spouse in your
application, submit three copies of your
marriage certificate and three copies of
proof of termination of any prior marriages.

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

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 do not have and are unable to obtain
these documents, you must submit
secondary evidence. Secondary evidence
includes but is not limited to medical
records, religious records, and school
records. You may also submit an affidavit
from at least one person for each event you
are trying to prove. Affidavits may be
provided by relatives or others. Persons
providing affidavits need not be U.S.
citizens or lawful permanent residents.

Affidavits must:

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

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

2.
Be sworn to or affirmed by persons
who were alive at the time of the event(s)
and have personal knowledge of the
event(s) (date and place of birth, marriage,
etc.) that you are trying to prove; and

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.

3. Show the full name, address, and date
and place of birth of each person giving the
affidavit and indicate any relationship
between you and the person giving the
affidavit.

If you submit secondary evidence or
affidavits, you must explain why primary
evidence (for example, birth or marriage
certificate) is unavailable. You may
explain the reasons primary evidence is
unavailable using Form I-589, Supplement
B or additional sheets of paper. Attach this
explanation to your secondary evidence or

affidavits.

If you have more than four children,
complete Form I-589, Supplement A for
each additional child or attach additional
pages and documentation providing the
same information asked in Part A.II. of
Form I-589.

Part A.III. Information About Your
Background

Answer Questions 1 - 5, providing details
as requested for each question. Your
responses to the questions concerning the
places you have lived, your education, and
your employment history must be in
reverse chronological order starting with
your current residence, education, and
employment and working back in time.

Part B. Information About Your
Application

This part asks specific questions relevant to
eligibility for asylum, for withholding of
removal under section 241(b)(3) of the Act,
or for withholding of removal under the
Convention Against Torture. For Question
1, check the box(es) next to the reason(s)
that you are completing this application.
For all other questions, check "Yes" or
"No" in the box provided.

This part asks specific questions relevant to
eligibility for asylum, statutory withholding
of removal, or withholding of removal
under the CAT regulations. For Question
1, check the box(es) next to the reason(s)
that you are completing this application.
For all other questions, 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.

If you answer "Yes" to any question,
explain in detail using Form I-589
Supplement B or additional sheets of paper,
as needed.

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

You must clearly describe, in detail, any of
your experiences, or those of family
members or others who have had similar
experiences that may show that you are a
refugee.

If you have experienced harm that is
difficult for you to write down and express,
you must be aware that these experiences
may be very important to the decisionmaking process regarding your request to
remain in the United States. At your
interview with an asylum officer or hearing

with an immigration judge, you will need to
be prepared to discuss the harm you have
suffered. If you 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.

[new]

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.)

If you answer "Yes" to Question 5, you
must explain why you did not apply for
asylum within the first year after you
arrived in the United States. The
Government 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.

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.

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;

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;

2. Because of your health, you were not
able to submit this application within 1 year
after you arrived;

[Page 7]
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.

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.

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

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.

[new]

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).
[Page 9]
For Item Numbers 18.A., 18.B., and
18.C., refer to the following list of
significant adverse discretionary factors
22

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 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.

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.
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:
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
24

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:
[Page 10]
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;
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
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.
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:
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.
26

Part D. Applicant’s Statement, Contact
Information, Certification, and
Signature
[deleted]

Part D. Your Signature

You must sign your application in Part D
and respond to the questions concerning
any assistance you received to complete
your application, providing the information
requested. Sign after you have completed
and reviewed the application.

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.
[Page 11]

If it is determined 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.)
According to regulations at 8 CFR sections
208.20 and 1208.20, an application is
frivolous if any of its material elements is
deliberately fabricated. (See Section IV,
Right to Counsel, in Part 1 of these
instructions if you have any questions.)
You may not avoid a frivolous finding
simply because someone advised or told
you to provide false information on your
asylum application.

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 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 E. Signature of Person Preparing
Form, If Other Than You

Any person, other than an immediate
family member (your spouse, parent(s) or
children), who helped prepare your
application must sign the application in
Part E and provide the information
requested.

Part F. Contact Information,
Declaration, and Signature of the Person
Preparing this Application, if Other
Than the Applicant
[deleted]

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 G28, Notice of Entry of Appearance as
Attorney or Accredited Representative,
along with your application.
Penalty for Perjury
All statements in response to questions
contained in this application are declared to
be true and correct under penalty of

Penalty for Perjury
28

All statements in response to questions
contained in this application are declared to
be true and correct under penalty of
perjury. You and anyone, other than an
immediate family member, who assists you
in preparing the application must sign the
application under penalty of perjury. Your
signature is evidence that you are aware of
the contents of this application. Any
person assisting you in preparing this form,
other than an immediate family member,
must include his or her name, address, and
telephone number and sign the application
where indicated in Part E.
Failure of the preparer to sign will result in
the application being returned to you as an
incomplete application.
If USCIS or EOIR later learns that you
received assistance from someone other
than an immediate family member and the
person who assisted you willfully failed to
sign the application, this may result in an
adverse ruling against you.
Title 18, United States Code (U.S.C.),
section 1546(a), provides in part:
Whoever knowingly makes under oath, or
as permitted under penalty of perjury under
section 1746 of title 28, knowingly
subscribes as true, any false statement with
respect to a material fact in any application,
affidavit, or other document required by the
immigration laws or regulations prescribed
thereunder, or knowingly presents any such
application, affidavit, or other document
containing any such false statement shall be
fined in accordance with this title or
imprisoned not more than 10 years, or both.
If aggravating factors exist, the maximum
term of imprisonment could reach 25 years.
If you knowingly provide false information
on this application, you or the preparer of
this application may be subject to criminal
penalties under title 18 of the U.S.C. and to
civil penalties under section 274C of the
INA, 8 U.S.C. 1324c (see 8 CFR sections
270 and 1270).

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.
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).
[Page 12]
Part G. To Be Completed at Asylum
Interview, If Applicable

Part F. To Be Completed at Asylum
Interview, If Applicable
Do not sign your application in Part F
before filing this form. You will be asked
to sign your application in this space at the
conclusion of the interview regarding your
claim.

[new]

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.
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.

NOTE: You must, however, sign Part D
of the application.

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

Part G. 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.

Do not sign your application in Part G
before filing this form. You will be asked
to sign your application in this space at the
hearing before the immigration judge.
NOTE: You must, however, sign Part D
of the application.
You are reminded again that, if is
determined that you have knowingly
made a frivolous application for asylum,
you may be permanently ineligible for
any benefits under the INA. (See section
30

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.)

208(d)(6) of the INA.)

According to regulations at 8 CFR sections
208.20 and 1208.20, an application is
frivolous if any of its material elements is
deliberately fabricated. Again, note that
you may not avoid a frivolous finding
simply because someone advised or told
you to provide false information on your
asylum application.

The definition of a frivolous asylum
application is available at 8 CFR sections
208.20 and 1208.20 (See Section IV, Right
to Counsel, in Part 1. of these
instructions.). Again, note that you may
not avoid a frivolous finding simply
because someone advised or told you to
provide false information on your asylum
application.

Page 9,

[Page 9]

[Page 14]

X. Organizing Your
Application

X. Organizing Your Application

…

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

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

…

Page 14,

[Page 14]

[Page 20]

Paperwork Reduction
Act

Paperwork Reduction Act

An agency may not conduct or sponsor an
information collection and a person is not
required to respond to a collection of
information unless it displays a currently
valid OMB control number. The public
reporting burden for this collection of
information is estimated at 12 hours per
response, including the time for reviewing
instructions, and completing and submitting
the form. Send comments regarding this
burden estimate or any other aspect of this
collection of information, including
suggestions for reducing this burden to:
U.S. Citizenship and Immigration Services,
Regulatory Coordination Division, Office
of Policy & Strategy, 20 Massachusetts
Ave NW, Washington, DC 20529-2140.
OMB No. 1516-0067. Do not mail your
completed Form I-589 to this address.

An agency may not conduct or sponsor an
information collection and a person is not
required to respond to a collection of
information unless it displays a currently
valid OMB control number. The public
reporting burden for this collection of
information is estimated at 18.5 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.

File Type	application/pdf
Author	Hallstrom, Samantha M
File Modified	2020-11-24
File Created	2020-11-24