Application for Asylum and for Withholding of Removal

Application for Asylum and for Withholding of Removal

i-589instr

Application for Asylum and for Withholding of Removal

OMB: 1615-0067

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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 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.
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 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.

Instruction Sections: Filing Information and
How Your Application Will Be Processed
The instructions are divided into two sections:

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is later withdrawn.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 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).

The first section has filing information. This section
discusses basic eligibility criteria and guides you through
filling out and filing the application.
The second section explains how your application will be
processed. This section also describes potential interim
benefits available while your application is pending.
Read these instructions carefully. The instructions will help
you complete your application and understand how it will be
processed. If you have questions about your eligibility, how
to complete the form, or the asylum process, you may wish to
consult an attorney or other qualified person to assist you.
(See Section IV, Right to Counsel, in Part I of these
instructions.)

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

Table of Contents
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 Convention Against Torture....................................4
D. Legal Sources Relating to Eligibility.............................4
III. Confidentiality.....................................................................4
IV. Right to Counsel
.....................................................................4
V. Obtaining and Completing the Form .................................5
Part A.I. Information About You...................................5
Part A.II. Spouse and Children........................................5
Part A.III. Information About Your
Background.....................................................6
Part B.
Information About Your
Application......................................................6
Part C. Additional Information
About Your Application ....................................6
Part D. Your Signature...................................................7
Part E. Signature of Person Preparing
Form, If Other than You....................................7
Part F. To Be Completed at Asylum
Interview, If Applicable.....................................7
Part G. To Be Completed at Removal
Hearing, If Applicable........................................7
VI. Required Documents and Required
Number of Copies That You Must
Submit With Your Application...........................................8
VII. Additional Evidence
That You Must Should Submit
..............................................8
VIII. Fee.......................................................................................8
IX. Biometrics, Including
Fingerprints and Photographs .............................................8
X.
Organizing Your Application.............................................9
XI. Incomplete Asylum Applications .......................................9
XII. Where To File?...................................................................9
Part 2. Information Regarding
Post-Filing Requirements..................................................12
I.
Notification Requirements
When Your Address Changes...........................................12
II. Asylum Interview Process.................................................12
III. Status While Your
Application Is Pending ......................................................13
IV. Travel Outside the United States.......................................13
V. Employment Authorization
While Your 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 I-589.............................................................14

Part 1. Filing Instructions
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.
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.
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-asylumthemselves.
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.
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.
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.

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

Part 1. Filing Instructions (continued)
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 the INA; 8 CFR sections 208 and 1208, et seq.)
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 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.
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 and1208.16.)

Withholding of Removal Under Section 241(b)(3) of the INA
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.
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 Convention Against
Torture
The Convention Against Torture refers to the United Nations
Convention against Torture and Other Cruel, Inhuman, or
Degrading Treatment or Punishment.
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.
"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 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.
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 Instructions 08/25/20 Page 3

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.
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.
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.
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.
C. Deferral of Removal Under the Convention Against
Torture
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.
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);
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);
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).

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.

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

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

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).

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 (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 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 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 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 will also be approved.

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

On the other hand, if you are not approved for asylum, your
spouse or children are also not approved.
If you apply for asylum while in proceedings before the
Immigration Court, the immigration judge may not have
authority to grant asylum to any spouse or child included in
your application who is not also in proceedings.
When including family members in your asylum application,
you must submit one additional copy of your completed
asylum application and primary documentary evidence
establishing your family relationship for each family member,
as described below:
1. If you are including your spouse in your application,
submit three copies of your marriage certificate and three
copies of proof of termination of any prior marriages.
2. If you are including any unmarried children under
21years of age in your application, submit three copies
of each child's birth certificate.
If you do not have and are unable to obtain these documents,
you must submit secondary evidence. Secondary evidence
includes but is not limited to medical records, religious
records, and school records. You may also submit an affidavit
from at least one person for each event you are trying to prove.
Affidavits may be provided by relatives or others. Persons
providing affidavits need not be U.S. citizens or lawful
permanent residents.
Affidavits must:
1. Fully describe the circumstances or event(s) in question
and fully explain how the person acquired knowledge of
the event(s);
2. Be sworn to or affirmed by persons who were alive at
the time of the event(s) and have personal knowledge of
the event(s) (date and place of birth, marriage, etc.) that
you are trying to prove; and
3. Show the full name, address, and date and place of birth
of each person giving the affidavit and indicate any
relationship between you and the person giving the
affidavit.
If you submit secondary evidence or affidavits, you must
explain why primary evidence (for example, birth or marriage
certificate) is unavailable. You may explain the reasons
primary evidence is unavailable using Form I-589,
Supplement B or additional sheets of paper. Attach this
explanation to your secondary evidence or affidavits.
If you have more than four children, complete Form I-589,
Supplement A for each additional child or attach additional
pages and documentation providing the same information
asked in Part A.II. of Form I-589.

Part A.III.

Information About Your Background

Answer Questions 1 - 5, providing details as requested for
each question. Your responses to the questions concerning the
places you have lived, your education, and your employment
history must be in reverse chronological order starting with
your current residence, education, and employment and
working back in time.
Part B. Information About Your Application
This part asks specific questions relevant to eligibility for
asylum, for withholding of removal under section 241(b)(3) of
the Act, or for withholding of removal under the Convention
Against Torture. For Question 1, check the box(es) next to the
reason(s) that you are completing this application. For all
other questions, cheek "Yes" or "No" in the box provided.
If you answer "Yes" to any question, explain in detail using
Form I-589, Supplement B or additional sheets of paper, as
needed.
You must clearly describe any of your experiences, or those of
family members or others who have had similar experiences
that may show that you are a refugee.
If you have experienced harm that is difficult for you to write
down and express, you must be aware that these experiences
may be very important to the decision-making process
regarding your request to remain in the United States. At your
interview with an asylum officer or hearing with an immigration
judge, you will need to be prepared to discuss the harm you
have suffered. If you 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 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.
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;

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

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
considered for withholding of removal under INA section
241(b)(3), or for protection from removal under the
Convention Against Torture.
Part D. Your Signature
You must sign your application in Part D and respond to the
questions concerning any assistance you received to complete
your application, providing the information requested. Sign
after you have completed and reviewed the application.
If it is determined that you have knowingly made a
frivolous application for asylum, you 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.
Part E. Signature of Person Preparing Form, If Other
Than You
Any person, other than an immediate family member (your
spouse, parent(s) or children), who helped prepare your
application must sign the application in Part E and provide
the information requested.
Penalty for Perjury
All statements in response to questions contained in this
application are declared to be true and correct under penalty
of perjury. You and anyone, other than an immediate family
member, who assists you in preparing the application must
sign the application under penalty of perjury. Your signature is
evidence that you are aware of the contents of this application.
Any person assisting you in preparing this form, other than an
immediate family member, must include his or her name,
address, and telephone number and sign the application where
indicated in Part E.

Failure of the preparer to sign will result in the application
being returned to you as an incomplete application.
If USCIS or EOIR later learns that you received assistance
from someone other than an immediate family member and
the person who assisted you willfully failed to sign the
application, this may result in an adverse ruling against you.
Title 18, United States Code (U.S.C.), section 1546(a),
provides in part:
Whoever knowingly makes under oath, or as permitted
under penalty of perjury under section 1746 of title 28,
knowingly subscribes as true, any false statement with
respect to a material fact in any application, affidavit,
or other document required by the immigration laws or
regulations prescribed thereunder, or knowingly presents
any such application, affidavit, or other document
containing any such false statement shall be fined in
accordance with this title or imprisoned not more than
10 years, or both.
If aggravating factors exist, the maximum term of imprisonment
could reach 25 years.
If you knowingly provide false information on this application,
you or the preparer of this application may be subject to
criminal penalties under title 18 of the U.S.C. and to civil
penalties under section 274C of the INA, 8 U.S.C. 1324c (see
8 CFR sections 270 and 1270).
Part F. To Be Completed at Asylum Interview, If
Applicable
Do not sign your application in Part F before filing this form.
You will be asked to sign your application in this space at the
conclusion of the interview regarding your claim.
NOTE: You must, however, sign Part D of the application.
Part G. To Be Completed at Removal Hearing,
If Applicable
Do not sign your application in Part G before filing this form.
You will be asked to sign your application in this space at the
hearing before the immigration judge.
NOTE: You must, however, sign Part D of the application.
You are reminded again that, if is determined that you
have knowingly made a frivolous application for asylum,
you may be permanently ineligible for any benefits under
the INA. (See section 208(d)(6) of the INA.)
According to regulations at 8 CFR sections 208.20 and
1208.20, an application is frivolous if any of its material
elements is deliberately fabricated. Again, note that you may
not avoid a frivolous finding simply because someone advised
or told you to provide false information on your asylum
application.

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

VI. Required Documents and Required
Number of Copies That You Must Submit
With Your Application
You must submit the following documents to apply for asylum
and withholding of removal:
1. The completed, signed original and one copy of your
completed application, Form I-589, and the original
and one copy of any supplementary sheets and
supplementary statements. If you choose to submit
additional supporting material, see Section VII,
Additional Evidence That You Should Submit, in
Part 1 of these instructions. You must include two
copies of each document. You should make and keep an
additional copy of the completed application for your
own records.
2. An additional copy of your completed application,
Form I-589, with supplementary statements, for each
family member listed in Part A.II. that you are
including in your application.
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.
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.

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.

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.
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.

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

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.

X. Organizing Your Application
Organize your application together in the following order,
forming one complete package (if possible, secure with binder
clips and rubber bands so that material may be easily
separated):
1. Your original Form I-589, with all questions completed,
and the application signed by you in Part D and signed
by any preparer in Part E; and
2. One passport-style photograph of you stapled to the
form at Part D.
Behind your original Form I-589, attach in the following
order:
1. One Form G-28, Notice of Entry of Appearance as
Attorney or Accredited Representative, signed by you
and the attorney or representative, if you are represented
by an attorney or representative;
2. The originals of all supplementary sheets and
supplementary statements submitted with your
application;

3. One copy of any additional supporting documentation;
4. One copy of the evidence of your relationship to your
spouse and unmarried children under 21 years of age
that you are including in your application, if any; and
5. One copy of the items listed above in your original
package, except your photograph.
If you are including family members in your application,
attach one additional package for each family member.
Arrange each family member's package as follows:
1. One copy of your completed, signed Form I-589 and
supplementary sheets submitted with the original
application. In Part A.II., staple in the upper right
corner one passport-style photo of the family member
to be included; and
2. One copy of Form G-28, if any.
For example, if you include your spouse and two children, you
should submit your original package, plus one duplicate for
you, plus one package for your spouse and one package for
each child, for a total of five packages. Be sure each has the
appropriate documentation.
NOTE: Any additional pages submitted should include your
printed name (exactly as it appears in Part A.I. of the form),
A-Number (if any), signature and date.

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.
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):

Form I-589 Instructions 08/25/20 Page 9

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.
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/immigrationbenefits-eoir-removal-proceedings. The following paragraphs
describe the instructions that you will have to follow.
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
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).

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 sections 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.
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 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.

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

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.”

*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.
National Customer Service Center: 1-800-375-5283

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:
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.
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

If you live in:

Mail your application to:

TTY: for the Hearing Impaired: 1-800-767-1833
California and Nevada Residents
Los Angeles Asylum Office: 714-808-8000
San Francisco Asylum Office: 415-293-1234
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.
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.
You may file your completed Form I-589 directly with the
Asylum Office having jurisdiction over your case only if:

Alaska, Northern California*, USCIS Nebraska Service Center
Idaho, Illinois, Indiana, Iowa, P.O. Box 87589
Kansas, Kentucky, Michigan, Lincoln, NE 68501-7589
Minnesota, Missouri, Montana,
Nebraska, Northern Nevada*
(in the jurisdiction of the Reno
field office), North Dakota,
Ohio, Oregon, South Dakota,
Washington, or Wisconsin
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

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
section101(a)(15)(S) of the INA (such as witnesses and
informants).

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

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 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.
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.

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.

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 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.

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

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.

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;

7.

A request to provide additional evidence after
interview;

8.

Failure to provide a competent interpreter at interview;
and;

9.

Failure to comply with any other request needed to
determine asylum eligibility.

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.

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)).

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.
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.

Form I-589 Instructions 08/25/20 Page 13

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.

Penalties
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.

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.
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.

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,
Office of Policy & Strategy, Regulatory Coordination Division,
5900 Capital Gateway Drive, Mail Stop #2140, Camp Springs,
MD 20588-0009; OMB No. 1516-0067. Do not mail your
completed Form I-589 to this address.

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.

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.

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


File Typeapplication/pdf
File TitleForm I-589, Application for Asylum and for Withholding of Removal
SubjectInstruction for Application for Asylum and for Withholding of Removal
AuthorUSCIS
File Modified2021-02-01
File Created2021-01-27

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