I-589 Instructions Table of Changes

TABLE OF CHANGES – INSTRUCTIONS

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

OMB Number: 1615-0067

05/11/2023

Reason for Revision: Limited REV

Project Phase: 60 Day

Legend for Proposed Text:

• Black font = Current text

• Red font = Changes

Expires 01/31/2023

Edition Date 10/12/2022

Current Page Number and Section	Current Text	Proposed Text
Page 2, Table of Contents	[Page 2] Table of Contents Part 1. Filing Instructions…2 I. Who May Apply and Filing Deadlines... 2 II. Basis of Eligibility...2 A. Asylum.... 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 That You Must Submit With Your Application…8 VII. Additional Evidence That You Should Submit...8 VIII. Fee....8 IX. Biometrics, Including Fingerprints and Photographs....8 X. Organizing Your Application...9 XI. Incomplete Asylum Applications ...9 XII. Where To File?...9 Part 2. Information Regarding Post-Filing Requirements... 12 I. Notification Requirements When Your Address Changes...12 II. Asylum Interview Process...12 III. Status While Your Application Is Pending...13 IV. Travel Outside the United States...13 V. Employment Authorization While Your Asylum Application Is Pending...13 USCIS Privacy Act Statement....13 USCIS Forms and Information...14 Penalties...14 Paperwork Reduction Act...14 Supplements to Form I-589...14	[Page 2] 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 and Guidance 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 That You Must Submit With Your Application…8 VII. Additional Evidence That You Must 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... 11 I. Notification Requirements When Your Address Changes...11 II. Asylum Interview Process...11 III. Status While Your Application Is Pending...12 IV. Travel Outside the United States...12 V. Employment Authorization While Your Asylum Application Is Pending...12 DHS Privacy Notice....13 USCIS Forms and Information...13 Penalties...13 Paperwork Reduction Act...13 Supplements to Form I-589...13
Pages 5-8, V. Obtaining and Completing the Form	[Page 5] V. Obtaining and Completing the Form … [Page 6] 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 21 years of age in your application, submit three copies of each child's birth certificate. …	[Page 5] V. Obtaining and Completing the Form … [Page 6] When including family members in your asylum application, you must submit 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 a copy of your marriage certificate and proof of termination of any prior marriages. 2. If you are including any unmarried children under 21 years of age in your application, submit a copy of each child's birth certificate. …
Page 8, VI. Required Documents and Required Number of Copies That You Must Submit With Your Application	[Page 8] 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. …	[Page 8] VI. Required Documents 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 of your completed application, Form I-589, and the original of any supplementary sheets and supplementary statements. If you choose to submit additional supporting material, see Section VII. Additional Evidence That You Must Submit, in Part 1 of these instructions. You should make and keep an additional copy of the completed application for your own records. [deleted] 2. One copy 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 original. (For affidavit requirements, see Part A.II in Part 1., Section V. of these instructions.) [deleted] 3. One copy of all passports or other travel documents (cover to cover) in your possession and one copy 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. 4. If you have other identification documents (for example, birth certificate, military or national identification card, driver's license, etc.), we recommend that you submit one copy with your application and bring the original(s) with you to the interview. …
Pages 8-9, IX. Biometrics, Including Fingerprints and Photographs	[Page 8] IX. Biometrics, Including Fingerprints and Photographs … 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)). [Page 9] At the time you file your Form I-589, you must submit photographs as specified in Section VI, Required Documents and Required Number of Copies That You Must Submit With Your Application, in Part 1 of these instructions.	[Page 8] IX. Biometrics, Including Fingerprints and Photographs … 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 sections 208.7(a)(1)(v) and 1003.47(d)). [deleted]
Page 9, X. Organizing Your Application	[Page 9] 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.	[Page 9] 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): 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. [deleted] 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; and 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. [deleted] NOTE: Any additional pages submitted should include your printed name (exactly as it appears in Part A.I. of the application), A-Number (if any), signature and date.
Page 9, XI. Incomplete Asylum Applications	[Page 9] XI. Incomplete Asylum Applications … 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.	[Page 9] XI. Incomplete Asylum Applications … 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; or [deleted] 3. 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.
Pages 9-12, XII. Where to File?	[Page 9] 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): … [Page 10] 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. … 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. [Page 11] 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: 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 Mail your application to: USCIS Texas Service Center Attn: I-589 6046 N Belt Line Rd. STE. 589 Irving, TX 75038-0001 If you live in: Alaska, Northern California*, Idaho, Illinois, Indiana, Iowa, Kansas, Kentucky, Michigan, Minnesota, Missouri, Montana, Nebraska, Northern Nevada* (in the jurisdiction of the Reno field office), North Dakota, Ohio, Oregon, South Dakota, Washington, or Wisconsin Mail your application to: USCIS Nebraska Service Center P.O. Box 87589 Lincoln, NE 68501-7589 If you live in: Arizona, Connecticut, Delaware, Eastern Pennsylvania* (in the jurisdiction of the Philadelphia field office), Guam, Hawaii, Maine, Massachusetts, New Hampshire, New Jersey, New York, Southern California*, Rhode Island, Southern Nevada* (in the jurisdiction of the Las Vegas field office), or Vermont. Mail your application to: USCIS California Service Center P.O. Box 10881 Laguna Niguel, CA 92607-0881 *NOTE: Applicants living in California, Nevada, and Pennsylvania should call the USCIS Contact Center or their local asylum office if they are unsure where to mail their applications. USCIS Contact Center: 1-800-375-5283 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: 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. … 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. [Page 12] 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.	[Page 9] 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 not in proceedings in Immigration Court or before the Board of Immigration Appeals: Mail your completed Form I-589 and any other additional information as indicated on the USCIS website: www.uscis.gov/i-589. If you are in proceedings in Immigration Court, unless you are filing as an unaccompanied alien child (UAC): … [Page 10] Special Filing Instructions for an Unaccompanied Alien Child (UAC) If you are a child in removal proceedings and filing as a UAC, mail your completed application package as indicated on the USCIS website: www.uscis.gov/i-589. [deleted] 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. … 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. [deleted] 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 Vetting Center. (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 with the Asylum Vetting Center if: 1. You have received the express written consent of the Asylum Office Director or the Chief 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. [Page 11] Applications to the Asylum Vetting Center should be sent as follows: By U.S. Postal Service (USPS): USCIS Asylum Vetting Center P.O. Box 57100 Atlanta, GA 30308-0506 By FedEx, UPS, or DHL: DHS-USCIS Asylum Vetting Center 401 W. Peachtree St. NW, Suite 1000 Atlanta, GA 30308 … Individuals subject to these special categories who file asylum applications with USCIS 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 office 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.
Pages 12-13, II. Asylum Interview Process	[Page 12] II. Asylum Interview Process … 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.	[Page 12] II. Asylum Interview Process … 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. 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.
Page 14, Paperwork Reduction Act	[Page 13] 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.	[Page 13] 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 11 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.

1