TABLE OF CHANGES – INSTRUCTIONS
Form I-589, Application for Asylum and for Withholding of Removal
OMB Number: 1615-0067
06/21/2022
Reason for Revision: Asylumworks Vacatur Project Phase:
Legend for Proposed Text:
Expires 07/31/2022 Edition Date 08/25/2020 |
Current Page Number and Section |
Current Text |
Proposed Text |
Page 1,
What Is the Purpose of This Form?
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[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.
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.
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[Page 1]
What Is the Purpose of This Form?
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NOTE: You must submit an application for asylum within 1 year of arriving in the United States, unless 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 and Asylee Relative Petition, for them to gain similar benefits.
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Page 1,
Instruction Sections: Filing Information and How Your Application Will Be Processed |
[Page 1]
Instruction Sections: Filing Information and How Your Application Will Be Processed
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WARNING – IMPORTANT NOTICE
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[Page 1]
Instruction Sections: Filing Information and How Your Application Will Be Processed
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WARNING: 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 institution 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.
If filing with U.S. Citizenship and Immigration Services (USCIS), unexcused failure to appear for an appointment or to provide biometrics (such as fingerprints) and other biographical information within the time allowed may delay eligibility for employment authorization and result in an asylum officer dismissing your asylum application or referring it to an immigration judge. Applicants and eligible dependents in removal proceedings who fail without good cause to provide USCIS with their biometrics or their biographical information as required within the time allowed may have their applications found abandoned by the immigration judge. See sections 208(d)(5)(A) and 208(d)(6) of the INA and 8 Code of Federal Regulations (CFR) sections 208.10, 1208.10, 208.20, 1003.47(d), and 1208.20.
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Page 2,
Table of Contents |
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Table of Contents
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VII. Additional Evidence That You Must Submit........8
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V. Employment Authorization While Your Asylum Application Is Pending…13
VI. Employment Authorization When Your Asylum Application Is Approved…13
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[Page 2]
Table of Contents
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VII. Additional Evidence That You Should Submit........8
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V. Employment Authorization While Your Application Is Pending…13
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Page 2,
I. Who May Apply and Filing Deadlines |
[Page 2]
I. Who May Apply and Filing Deadlines
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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-asylum- themselves.
Detailed UAC filing instructions are found in Part 1. Section XII of these instructions.
If you have previously been denied asylum by an immigration judge or the Board of Immigration Appeals, you must show that there are changed circumstances that materially affect your eligibility for asylum.
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, 2020; 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.
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[Page 2]
I. Who May Apply and Filing Deadlines
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You MUST file this application within 1 year after you arrived in the United States, unless you can show that there are changed circumstances that affect your eligibility for asylum or extraordinary circumstances that prevented you from filing within 1 year. (See Section IV, Right to Counsel, in Part I of these instructions.)
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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 affect your eligibility for asylum.
[no change]
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, 2020; 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.
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Pages 3-4,
II. Basis of Eligibility
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[Page 3]
II. Basis of Eligibility
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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 and 1208.16.)
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.
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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.
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.
[Page 4]
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.
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4. Title 8 of the CFR sections 103.2, 208 and 1208, et seq.;
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[Page 3]
II. Basis of Eligibility
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B. Withholding of Removal
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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;
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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. 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.
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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.
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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.
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[Page 4]
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. 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.
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4. Title 8 of the CFR parts 208 and 1208, et seq.;
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Page 4,
IV. Right to Counsel |
[Page 4]
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.
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[Page 4]
IV. Right to Counsel
Immigration law concerning asylum and withholding of removal or deferral or removal is complex. You have a right to provide your own legal representation at an asylum interview and during immigration proceedings before the Immigration Court at no cost to the U.S. Government.
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Pages 5-7,
V. Obtaining and Completing the Form
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[Page 5]
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.
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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.
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A.I. Information About You
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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.
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Part A.II. Spouse and Children
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[Page 6]
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.
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Part B. Information About Your Application
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If you answer "Yes" to any question, explain in detail using Form I-589, Supplement B or additional sheets of paper, as needed.
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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.
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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.
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[Page 7]
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
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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.)
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Penalty for Perjury
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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).
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[Page 5]
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/. If you do not have internet access, you may call the USCIS Contact Center at 1-800-375-5283 (TTY 1-800-767-1833) and ask that we mail a form to you. The USCIS Contact Center provides information in English and Spanish.
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You must provide detailed information and answer the questions as completely as possible. If you file your application with missing information, we may return it to you as incomplete. If you need more space, attach Form I-589 Supplement A or B (included in the application package) and/or additional sheet(s) indicating the question number(s) you are answering.
You are strongly urged to attach additional written statements and documents that support your claim. Your written statements should include events, dates, and details of your experiences that relate to your claim for asylum.
NOTE: Put your Alien Registration Number (A-Number) (if any), name (exactly as it appears in Part A.I. of the form), signature, and date on each supplemental sheet and on the cover page of any supporting documents.
You can amend or supplement your application at the time of your asylum interview with an asylum officer and at your hearing in Immigration Court by providing additional information and explanations about your asylum claim.
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A.I. Information About You
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You must provide your residential street address (the address where you physically live) in the United States in Part A.I., Question 8, of the asylum application. You may also provide a mailing address, if different from the address where you reside, in Question 9. If someone else is collecting your mail for you at your mailing address, you may enter that person's name in the "In Care Of" field in your response to Question 9. If your mailing address is a post office box, include that address in Question 9 and include a residential address where you physically live in Question 8.
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If you entered the country with inspection, Form I-94 number referred to in Question 19b is the number on Form I-94, Arrival-Departure Record, given to you when you entered the United States. In Question 19c, enter the date and status as it appears on Form I-94. If you did not receive Form I-94, write "None." If you entered without being inspected by an immigration officer, write "No Inspection" in Question 19c in the current status or status section.
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Part A.II. Spouse and Children
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[Page 6]
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.
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Part B. Information About Your Application
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If you answer "Yes" to any question, explain in detail using Form I-589 Supplement B or additional sheets of paper, as needed.
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If you have experienced harm that is difficult for you to write down and express, you must be aware that these experiences may be very important to the decision-making process regarding your request to remain in the United States. At your interview with an asylum officer or hearing with an immigration judge, you will need to be prepared to discuss the harm you have suffered. If you are having trouble remembering or talking about past events, we suggest that you talk to a lawyer, an accredited representative, or a health professional who may be able to help you explain your experiences and current situation.
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Part C. Additional Information About Your Application
Check "Yes" or "No" in the box provided for each question. If you answer "Yes" to any question, explain in detail using Form I-589 Supplement B or additional sheets of paper, as needed.
If you answer "Yes" to Question 5, you must explain why you did not apply for asylum within the first year after you arrived in the United States. The Government will accept as an explanation certain changes in the conditions in your country, certain changes in your own circumstances, and certain other events that may have prevented you from applying earlier.
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[Page 7]
If you are unable to explain why you did not apply for asylum within the first year after you arrived in the United States or your explanation is not accepted by the Government, you may not be eligible to apply for asylum, but you could still be eligible for withholding of removal under INA section 241(b)(3), or for protection from removal under the Convention Against Torture.
Part D. Your Signature
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If it is determined that you have knowingly made a frivolous application for asylum, you can be permanently ineligible for any benefits under the INA. (See section 208(d)(6) of the INA.)
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Penalty for Perjury
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If you knowingly provide false information on this application, you or the preparer of this application may be subject to criminal penalties under title 18 of the U.S.C. and to civil penalties under section 274C of the INA, 8 U.S.C. 1324c (see 8 CFR parts 270 and 1270).
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Page 8,
VII. Additional Evidence That You Must Submit |
[Page 8]
VII. Additional Evidence That You Must Submit
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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.
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[Page 8]
VII. Additional Evidence That You Must Submit
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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.
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Pages 8-9,
IX. Biometrics, Including Fingerprints and Photographs
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[Page 8]
IX. Biometrics, Including Fingerprints and Photographs
1. Biometric Services Appointment. Applicants for asylum are subject to a biometrics check of all appropriate records and other information databases maintained by the DHS, the Department of Justice, and the Department of State. You will be required to appear for a biometric services appointment to submit biometrics (fingerprints, photograph, and/or signature), so that USCIS can verify your identity, and conduct background and security checks, including a check of criminal history records maintained by the Federal Bureau of Investigation (FBI), before making a decision on your application.
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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.
[Page 9]
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.
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[Page 8]
IX. Biometrics, Including Fingerprints and Photographs
Applicants for asylum are subject to a biometrics check of all appropriate records and other information databases maintained by the Department of Homeland Security, the Department of Justice, and the Department of State.
You and your eligible spouse or children, regardless of age, listed on your asylum application must provide biometrics to initiate the required background investigations or for identity verification.
You and your spouse and children will be given instructions on how to complete this requirement. You will be notified in writing of the time and location of the Application Support Center (ASC) where you must go to be fingerprinted and photographed.
[Page 9]
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If filing with USCIS, unexcused failure to appear for a scheduled appointment or to provide your required biometrics, including fingerprints and photograph, or to provide other biographical information within the time allowed, may delay employment authorization and/or result in an asylum officer dismissing your asylum application or referring it to an immigration judge. For applicants before an immigration judge, such failure without good cause may constitute an abandonment of your asylum application and result in the denial of employment authorization. (See 8 CFR section 1003.47(d)).
At the time you file your Form I-589, you must submit photographs as specified in Section VI, Required Documents and Required Number of Copies That You Must Submit With Your Application, in Part 1 of these instructions.
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Page 9,
X. Organizing Your Application |
[Page 9]
X. Organizing Your Application
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Behind your original Form I-589, attach in the following order:
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[Page 9]
X. Organizing Your Application
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Behind your original Form I-589, attach in the following order:
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Page 9,
XI. Incomplete Asylum Applications
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[Page 9]
XI. Incomplete Asylum Applications
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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.)
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[Page 9]
XI. Incomplete Asylum Applications
An asylum application that is incomplete will be returned to you by mail within 30 days of receipt of the application by USCIS. An application that has not been returned to you within 30 days of having been received by USCIS will be considered complete, and you will receive written acknowledgement of receipt from USCIS.
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The filing of a complete application starts the 150-day period you must wait before you may apply for employment authorization. If your application is not complete and is returned to you, the 150-day period will not begin until you resubmit a complete application. (See Section V, Employment Authorization While Your Application Is Pending, Part 2 of these instructions for further information regarding eligibility for employment authorization.)
An application will be considered incomplete in each of the following cases:
1. The application does not include a response to each of the questions contained in Form I-589;
2. The application is unsigned;
3. The application is submitted without the required photograph;
4. The application is sent without the appropriate number of copies for any supporting materials submitted; or
5. You indicated in Part D that someone prepared the application other than yourself or an immediate family member and the preparer failed to complete Part E of the asylum application.
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Pages 9-11,
XXII. Where to File? |
[Page 10]
XXII. Where to File? …
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 the Principal Legal Advisor, you must also complete the following requirements before the immigration judge can grant relief or protection in your case.
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2. An ASC notice for you and any eligible spouse and children included in your Form I-589 who are also in removal proceedings. Each ASC notice will indicate the individual's unique receipt number and will provide instructions for each person to appear for an appointment at a nearby ASC for collection of biometrics (such as your photograph, fingerprints, and signature). If you do not receive the ASC notice in 3 weeks, call 1-800-375-5283 (TTY: 1-800-767-1833).
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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)
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If you received an instruction sheet from counsel for DHS when you attended a hearing in Immigration Court, or if you have a copy of documentation provided by the Department of Health and Human Services, Office of Refugee Resettlement (ORR) showing that you are, or that you were in ORR custody as a UAC, such as the UAC Initial Placement Referral Form or the ORR Verification of Release Form, please submit those documents with your application package as well.
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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.”
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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.
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XXII. Where to File? …
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 the Chief Counsel, you must also complete the following requirements before the immigration judge can grant relief or protection in your case.
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2. An Application Support Center (ASC) notice for you and any eligible spouse and children included in your Form I-589 who are also in removal proceedings. Each ASC notice will indicate the individual's unique receipt number and will provide instructions for each person to appear for an appointment at a nearby ASC for collection of biometrics (such as your photograph, fingerprints, and signature). If you do not receive the ASC notice in 3 weeks, call 1-800-375-5283 (TTY: 1-800-767-1833).
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1. After completion of exclusion, deportation, or removal proceedings, and in conjunction with a motion to reopen under 8 CFR part 1003, with the Immigration Court having jurisdiction over the prior proceeding, any such motion must reasonably explain the failure to request asylum prior to the completion of the proceedings; or
2. In proceedings under 8 CFR 208.2(c) and 1208.2(c) and after Form I-863, Notice of Referral to Immigration Judge, has been served on you and filed with the Immigration Court, an immigration judge will have exclusive jurisdiction over your case.
Special Filing Instructions for an Unaccompanied Alien Child (UAC)
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If you received an instruction sheet from Counsel for DHS when you attended a hearing in Immigration Court, or if you have a copy of documentation provided by the Department of Health and Human Services, Office of Refugee Resettlement (ORR) showing that you are, or that you were in ORR custody as a UAC, such as the UAC Initial Placement Referral Form or the ORR Verification of Release Form, please submit those documents with your application package as well.
[Page 11]
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.”
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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 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.
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IV. Travel Outside the United States |
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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.
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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 application. If you obtain advance parole and return to the country of claimed persecution, we will presume that you abandoned your application, unless you can show that there were compelling reasons for your return.
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V. Employment Authorization While Your Application Is Pending
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V. Employment Authorization While Your Asylum Application Is Pending
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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)).
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.
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.
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V. Employment Authorization While Your Application Is Pending
You will be granted permission to work if your asylum application is granted.
Simply filing an application for asylum does not entitle you to employment authorization. You may request permission to work if your asylum application is pending and 150 days have lapsed since your application was accepted by USCIS or the Immigration Court. (See 8 CFR sections 208.7(a)(1) and 1208.7(a)(1).) Any delay in the processing of your asylum application that you request or cause will not be counted as part of the 150-day period.
If your asylum application has not been denied within 180 days from the date of filing a complete asylum application, you may be granted permission to work by filing Form I-765, Application for Employment Authorization, with USCIS. Follow the instructions on that application and submit it with a copy of evidence as specified in the instructions that you have a pending asylum application.
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Each family member whom you have asked to be included in your application and who also wants permission to work must submit a separate 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.
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V. Employment Authorization While Your Asylum Application is Approved |
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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.
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DHS Privacy Notice |
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DHS Privacy Notice
AUTHORITIES: The information requested on this application, and the associated evidence, is collected under the Immigration and Nationality Act sections 103, 208, and 241(b)(3), and 8 CFR sections 103, 208, and 1208.
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DHS Privacy Notice
AUTHORITIES: The information requested on this application, and the associated evidence, is collected under the Immigration and Nationality Act sections 208 and 241(b)(3).
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Penalties |
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Penalties
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For specific information, see Part E in Part 1., Section V. of these instructions.
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Penalties
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For specific information, see Part E in Part 1, Section V, of these instructions.
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| File Type | application/vnd.openxmlformats-officedocument.wordprocessingml.document |
| Author | Carter, Pea Meng |
| File Modified | 0000-00-00 |
| File Created | 2022-07-22 |