Form I-589, formally known as the “Application for Asylum and for Withholding of Removal,” is a vital document used by individuals in the United States to seek protection from persecution in their home countries. This form is used to request asylum, a form of protection that allows individuals to stay in the U.S. if they fear returning to their country due to past persecution or a well-founded fear of future persecution based on race, religion, nationality, membership in a particular social group, or political opinion. It also serves to request withholding of removal, a form of protection that prevents deportation to a country where the applicant’s life or freedom would be at risk.
Form I-589 Eligibility Requirements
To be eligible for asylum in the U.S., you must demonstrate that:
- Past Persecution: You have been persecuted in your home country due to one of the protected grounds (race, religion, nationality, membership in a particular social group, or political opinion).
- Well-Founded Fear: If you have not been persecuted but fear returning due to a well-founded fear of future persecution on one of the protected grounds.
- One-Year Filing Deadline: You must file Form I-589 within one year of your arrival in the U.S. unless you qualify for an exception.
Withholding of Removal
For withholding of removal, you must show that:
- More Likely Than Not: It is more likely than not that you would face persecution or torture if returned to your home country.
- Higher Burden of Proof: This protection requires a higher standard of proof compared to asylum and does not lead to permanent residency or citizenship.
Cost of Filing Form I-589
There is no fee associated with filing Form I-589. Additionally, USCIS does not charge for biometric services required during the application process.
Form I-589 Processing Time
USCIS typically aims to make a decision or provide next steps within 180 days after the Form I-589 is filed. However, processing times can vary due to the complexity of cases and any exceptional circumstances. It’s important to check current processing times on the USCIS website for the most accurate information.
Detailed Steps in the Asylum Process
- Be Physically Present in the U.S.: You must be physically present in the U.S. or at a U.S. port of entry to apply for asylum. Ports of entry include international airports and land borders with Canada or Mexico.
- File Form I-589: Complete Form I-589 thoroughly, following the detailed instructions provided. Include all necessary supporting documents, such as personal statements, affidavits from witnesses, medical records, psychological evaluations, and reports on conditions in your home country.
- Filing Deadline: Ensure that you submit Form I-589 within one year of your arrival in the U.S. Exceptions to this deadline include changed or extraordinary circumstances, such as significant changes in your home country or personal circumstances.
- Biometrics Appointment: After filing, USCIS will schedule a biometrics appointment to collect your fingerprints, photograph, and signature. This is used for background checks and security clearances.
- Asylum Interview: For affirmative asylum cases, you will be scheduled for an interview with a USCIS asylum officer. During this interview, you will need to provide detailed information about your fear of persecution and support your claim with evidence.
- Receive a Decision: USCIS will decide whether to grant or deny your asylum application or refer your case to an immigration court. If referred, you will have the opportunity to present your case in front of an immigration judge.
- Immigration Court Proceedings: If your case is referred to immigration court, you will attend hearings where you present evidence, witness testimony, and argue your case. This is particularly important for defensive asylum applicants, who are already in removal proceedings.
- Post-Decision Steps: If granted asylum, you will be able to stay in the U.S. indefinitely, apply for a green card after one year, and bring qualifying family members to the U.S. If denied, you may appeal the decision, and if your case was referred to immigration court, you can appeal to the Board of Immigration Appeals and, ultimately, to federal court.
Form I-589 Important Considerations
- Affirmative vs. Defensive Asylum: Affirmative asylum applications are filed when you are not in removal proceedings, while defensive asylum applications are filed when you are in removal proceedings. The process and procedures can differ based on your status.
- Travel Restrictions: Traveling outside the U.S. while your asylum application is pending can be risky and may lead to the abandonment of your application. Always consult with an immigration attorney before making any travel plans.
- Work Authorization: You may apply for work authorization if your asylum application has been pending for at least 180 days. This allows you to work legally while waiting for your asylum decision.
- Including Family Members: You can include your spouse and children in your asylum application. They must be listed as dependents and meet specific eligibility requirements to be included.
FAQs: Form I-589 for Asylum Guide
Do you have more questions about Form I-589 for Asylum? Read answers to common questions below.
Who is eligible to apply for asylum in the U.S.?
Individuals who fear persecution or have been persecuted in their home country due to race, religion, nationality, membership in a particular social group, or political opinion are eligible.
Can I file Form I-589 if I’m in the U.S. illegally?
Yes, you can file Form I-589 regardless of your current immigration status, as long as you are physically present in the U.S.
Is there a deadline for applying for asylum?
You must apply within one year of your arrival in the U.S., although exceptions are available for changed or extraordinary circumstances.
What is the difference between asylum and withholding of removal?
Asylum offers a pathway to permanent residency and citizenship, while withholding of removal prevents deportation but does not lead to permanent residency.
Can I work in the U.S. while my Form I-589 application is pending?
Yes, you can apply for an Employment Authorization Document (EAD) after your application has been pending for 180 days.
What happens if my Form I-589 is denied?
If denied, you may appeal the decision or, if referred to immigration court, present your case before an immigration judge.
Can I include my spouse and children on my Form I-589 asylum application?
Yes, you can include your spouse and children as dependents on your application.
Can I travel outside the U.S. while my asylum application is pending?
Traveling outside the U.S. while your application is pending may result in abandonment of your claim. Consult an attorney before making travel plans.
Related Resources
- Adjustment of Status Guide
- What Is DACA? A Comprehensive Guide
- Temporary Protected Status (TPS): Essentials
- Step 2 to Naturalization – Biometrics Appointment
