How to Fill Form I-589: Asylum Application Guide (2024)

Key Takeaways:

Form I-589 is for asylum seekers in the U.S., granting legal status to those facing persecution in their home country.
It must be filed within a year of arrival, with supporting documents, for a chance at asylum.
Filing late could lead to deportation; the article guides you on filling out the form and provides helpful tips.

Imagine arriving in a new land, hoping for safety and a fresh start, far from the dangers of your homeland. For many, this isn’t just a dream—it’s a necessary leap towards security and peace. The United States offers protection through asylum, but to unlock this lifeline, there’s a crucial first step: mastering the details of Form I-589. This form isn’t just paperwork; it’s a beacon of hope for those seeking refuge from persecution.

Dive Right Into

Grasping the complexities of Form I-589, the cornerstone of an asylum application, can be daunting. This document is key to legally remaining in the U.S. and avoiding the threat of being sent back to a place of fear and harm. Our guide is designed to demystify the process, laying out all you need to know about how to properly fill out this form and what accompanying evidence you must gather. Let’s embark on this vital journey, ensuring you have the knowledge and confidence to give your asylum application the best chance of approval. Keep reading to navigate the intricacies of Form I-589 and step closer to a safer tomorrow.

Understanding Form I-589: Your Guide to Seeking Asylum in the U.S.

How to Fill Form I-589: Asylum Application Guide (1)

Are you looking to seek asylum in the United States? The journey begins with Form I-589. This guide simplifies the process for you, from filing the application to gathering necessary documents. Our goal is to arm you with tips to make your application stand out.

Step 1: Filling Out Form I-589

At the heart of your asylum application is Form I-589, officially known as the Application for Asylum and Withholding of Removal. Time is of the essence—you’re required to submit this form within one year of your arrival in the United States.

Where to Start?
You can download Form I-589 directly from the U.S. Citizenship and Immigration Services (USCIS) website: USCIS Form I-589.

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Step 2: Gathering Supporting Documents

Backing up your Form I-589 with the right documents is crucial. These documents paint a picture of your situation and why you’re seeking asylum. Here’s a checklist to get you started:

Proof of your identity (such as a passport or birth certificate)
Documentation of your arrival in the U.S. (such as a visa or entry stamp)
Evidence supporting your claim for asylum (this could include police reports, medical records, or affidavits from witnesses)

Essential Tips for a Successful Application

Accuracy is Key: Ensure all the information you provide is accurate and truthful. Any inconsistency may affect your application’s credibility.
Be Detailed: When explaining your situation, be as detailed as possible. The more context you provide, the clearer your need for asylum will become.
Seek Legal Advice: Consider consulting with an immigration attorney who can offer personalized guidance tailored to your case.

Additional Resources:

For more detailed guidance, the following resources are invaluable:

Understanding Form I-589 for Asylum Application

Who Can Apply Using Form I-589?

If you’re not a U.S. citizen and find yourself within the borders of the United States, you have the option to seek asylum using Form I-589. Asylum is a form of protection that the U.S. Citizenship and Immigration Services (USCIS) provides to individuals who have suffered persecution or fear future persecution due to:

Race
Religion
Nationality
Political opinions
Membership in a particular social group

Gaining asylum status allows you to live and work in the United States legally.

The Importance of Timing

It’s crucial to submit your Form I-589 within one year of your arrival in the United States. Missing this deadline could mean losing your eligibility to apply for asylum under U.S. immigration law. This timeline is vital to remember, especially if you’ve entered the country without legal authorization or overstayed your visa. In such cases, you risk deportation or arrest by immigration authorities.

Key Points to Remember

Application Deadline: Submit Form I-589 within one year of arriving in the U.S.
Eligibility Criteria: You must have been persecuted or fear future persecution based on race, religion, nationality, political opinion, or social group membership.
Consequences of Delay: Failing to apply within the one-year window could result in losing the opportunity to seek asylum and facing potential deportation or arrest.

Useful Resources

For more detailed information on the asylum application process and Form I-589, consider visiting the following official resources:

These resources provide comprehensive guides to understanding the asylum process, offering the most accurate and up-to-date information directly from the official immigration authorities.

By keeping these points in mind and utilizing available resources, you can navigate the asylum application process more confidently and ensure that your rights are protected.

Guide to Completing Form I-589

Filling out Form I-589, the Application for Asylum and for Withholding of Removal, can seem daunting at first glance. This guide is crafted to simplify the process for you, ensuring that each of the form’s ten pages and its two-page supplement are filled out correctly and clearly. The form is divided into seven distinct sections, and it’s paramount to ensure all the information you provide is accurate and matches any previously submitted immigration documents. The U.S. Citizenship and Immigration Services (USCIS) has a strict policy against dishonesty—being found untruthful can lead to permanent inadmissibility to the U.S. Let’s break down the form section by section.

Understanding Form I-589’s Sections

Section 1: Basic Information. Start with your personal details, including full name, address, and date of birth. Accuracy here is crucial, as these details must match previous immigration or official documents.
Section 2: Information about Your Background. This part delves into your nationality, ethnicity, and language skills. Be thorough and honest.
Section 3: Information about Your Presence in the U.S. Detail your entry into the U.S., including how, when, and where you entered. If you’ve applied for or received any immigration benefits in the past, disclose them here.
Section 4: Information about Your Fear of Persecution. This is a critical section where you explain the reasons you’re seeking asylum or protection. Be clear, concise, and provide as much relevant detail as possible about the circ*mstances leading to your application.
Section 5-7: Additional Information. These sections request information on any relatives living in the U.S., your employment history, and more. Like the previous sections, truthfulness and detail are key.

Ensuring Honesty and Consistency

Remember, “If USCIS determines that you were dishonest, you may be permanently inadmissible to the United States.” This stark reminder underscores the importance of truthfulness throughout the process. Consistency with previously submitted applications or documents is equally critical to avoid any suspicion or misunderstanding.

Where to Find Official Information and Assistance

For further guidance and to ensure you have the most current version of Form I-589, visit the official USCIS website at USCIS Form I-589. Here, you’ll find detailed instructions and additional resources to assist you with your application. If you feel overwhelmed, consider seeking assistance from accredited immigration counselors and attorneys who can provide personalized guidance.

This breakdown aims to make the task of completing Form I-589 more manageable, equipping you with the knowledge to approach this crucial step in your journey with confidence. Remember, clear, honest, and comprehensive responses are your best approach to completing this form successfully.

Essential Information for Your Asylum Application – Part A Overview

Navigating through your asylum claim involves detailing personal, familial, and background information in an organized manner. This guide breakdown of Part A of the asylum application process assists you in accurately providing the necessary information.

Personal Details (Part A.I)

When filling out the initial section (Part A.I) of your application, you’re required to share comprehensive personal information. This includes:

Full Name
Mailing Address
Date of Birth
Country of Origin
Contact Information
Social Security Number (if available)
Marital Status

Key Questions to Note:

Question 1: Do you have an Alien Registration Number, popularly referred to as an “A-number”? This is an 8 or 9-digit number assigned to those who have previously applied for immigration benefits or have been involved in deportation proceedings with USCIS.

Immigration History and Court Proceedings (Questions 18 & 19)

Question 18: Discuss any past interactions with immigration courts. Whether you have appeared before an immigration judge, been arrested by the Department of Homeland Security (DHS), or encountered immigration officers, it’s crucial to disclose these experiences. Note: Encounters with immigration court may affect your eligibility to file Form I-589 outside of court proceedings.
Question 19: Outline your history of entries into the United States, including your visa status during these entries. It’s vital to remain transparent about your entry methods or any overstays. Though most violations won’t impact your asylum claim, honesty here is key—especially if these actions were taken to avoid persecution. For accurate travel records, refer to your Form I-94 available on the Customs and Border Protection website.

Simplifying Complex Information

This streamlined approach to filling out Part A of your asylum application ensures you cover all necessary personal and background information without feeling overwhelmed. Remember, honesty and precision are paramount throughout this process.

For further guidance and official resources, always consider visiting the U.S. Citizenship and Immigration Services (USCIS) website.

Family Members and Asylum Application

When you’re applying for asylum in the United States, the U.S. Citizenship and Immigration Services (USCIS) requires detailed information about your family—specifically, your spouse and children. Here, we breakdown what you need to do:

Including Your Spouse

Question 24: This question is crucial because it asks whether you wish to include your spouse in the asylum application.
Yes: If you say yes and your asylum is granted, your spouse will also be granted asylum.
No: Choosing no means your spouse won’t be included in your asylum application. However, should your case be moved to immigration court, your spouse might face removal proceedings alongside you. To avoid this, after receiving asylum, your spouse can apply for status independently using Form I-730. Form I-730 link provides all the details needed to proceed.

Including Your Children

You must provide answers for Questions 1-21 for each of your children, no matter their age.
If you have more than four children, you need to attach Supplement A, Form I-589.
Just like with your spouse, it is your choice to include your children in your asylum application.

Your Background Information

Part A.III of the asylum application is focused on your background details. This part is designed to gather comprehensive information about you, which includes:

Last Address and Previous Residences: You’ll need to list where you’ve lived prior to the application.
Education and Employment History: Detailing your schooling and work experience is required.
Family: Information regarding your parents and siblings is also necessary.

This section is vital as it provides the USCIS with a deeper understanding of your personal history and circ*mstances.

For detailed guidance on filling out your asylum application, visit the USCIS Asylum Page. It’s a valuable resource offering the latest forms, updates, and instructions related to the asylum process.

By carefully providing the information requested about your family and background, you’re taking critical steps in the asylum application process. Remember, accuracy and completeness are crucial in increasing the likelihood of a favorable outcome.

When filling out Part B of your asylum application, it’s vital to provide detailed responses to questions about your eligibility. This section helps assess if you qualify for asylum, so clarity and specificity are your best allies. Follow these guidelines for a robust application:

Detailed Information Is Crucial

Be Specific: Include essential dates, names, and locations.
Use Extra Sheets: If you need more space, use Supplement B or additional pages to elaborate on your case.
Evidence Makes a Difference: Attach documents that support your claim. More details lead to a stronger application.

Breaking Down the Questions

Question 1: Basis of Your Asylum Claim

Checking at least one of the first five boxes is mandatory for eligibility. You can mark multiple boxes if they apply to your situation.
For those applying under the Convention Against Torture, select “Torture Convention.”
1.A. Detailing Harm or Threats: Describe any mistreatment, harm, or threats, especially if government actors are involved. Include evidence whenever possible. If harmed by non-government actors, explain the government’s failure to protect you. Supporting affidavits from named family or friends can strengthen your case.
1.B. Fear of Returning: Confirm if you fear harm or mistreatment upon returning to your home country, selecting “yes” and providing an explanation.

Questions 2-4: Additional Considerations

Question 2: Criminal History:
This is a chance to explain any false accusations or legal issues related to your asylum claim. Include relevant records if they demonstrate “persecution.”
Consult an immigration attorney if your criminal history is unrelated but could affect your eligibility. Find legal help.
Question 3.A.: Group Membership:
USCIS examines if your memberships are tied to persecution or terrorism, potentially disqualifying you. Legal advice is recommended if this is a concern.
Detail your involvement in political, religious, or activist groups, especially if targeted, illustrating your role and any leadership held.
Question 3.B.: Current Memberships:
Demonstrate if you or family remain active in named groups, showing commitment and inability to leave without facing persecution.
Question 4: Fear of Torture:
Answer “yes” only if true fear of torture exists. Under the Convention Against Torture, explicating your fear is necessary for eligibility.

For further assistance and detailed guidelines, the official immigration website is an invaluable resource. Always consider seeking legal advice when needed to navigate complex aspects of your application. Ensuring your application is comprehensive and well-documented is the key to presenting a strong case for asylum.

When you’re completing Part C of your asylum application, you’re tackling a section that dives deep into aspects that could impact your eligibility for asylum. Your responses, especially to “yes” or no questions, play a critical role. For any “yes,” be prepared to offer a detailed explanation.

Have You Previously Sought Asylum?

The application kicks off by inquiring if you’ve ever sought asylum before and were denied by either USCIS, an immigration judge, or the Board of Immigration Appeals. Mention any changes in your situation that might now work in your favor or if a family member in a similar situation has been granted asylum. Remember, a past denial due to criminal activities may likely lead to the same result.

Essential Points:

Detail any new circ*mstances that boost your case.
Mention successful asylum cases within your family.
Understand that past crimes could negatively impact your application.

Your Travel and Residence History:

Questions 2.A and 2.B focus on your travel and previous residences. The U.S. Citizenship and Immigration Services (USCIS) needs to know:

If you found safety in another country, why didn’t you seek asylum there?
If you’ve applied for asylum elsewhere, share the outcome.

USCIS scrutinizes if you rejected opportunities for permanent residence in other countries without a solid reason, which might affect your asylum eligibility.

Remember: Your asylum interview will likely touch on these points.

Involvement in Persecution and Reasons for Returning Home:

Involvement in Persecution (Question 3): Admitting to this renders you ineligible for asylum. Should you answer “yes,” explaining the circ*mstances, like coercion, alongside evidence such as reports from humanitarian groups, is crucial.
Returning to Your Home Country (Question 4): If you’ve returned home after leaving, explain the changed situations or necessary reasons, like a family emergency. USCIS evaluates these explanations closely to gauge the genuineness of your fear of returning.

Filing Beyond the One-Year Deadline:

Extraordinary Circ*mstances (Question 5): If you’re filing after one year in the U.S. or beyond the expiration of your legal status, explain the “extraordinary circ*mstances” for the delay. This might include personal illnesses or shifts in your home country’s conditions. Consultation with an attorney is advisable if you’re past the deadline.

Criminal History:

Arrests or Convictions (Question 6): Disclose any arrests or convictions. It’s wise to seek advice from an immigration attorney in these instances.

Resources:

For further information and guidance, visit the official U.S. Citizenship and Immigration Services (USCIS) website.

Remember, honesty and detailed explanations are pivotal in Parts C of your asylum application. Consulting with a knowledgeable attorney can provide additional clarity and support throughout this process.

Understanding Parts D through G of Your Immigration Form

Navigating through your immigration form can seem daunting, but breaking it down into parts can make it much more manageable. Let’s dive into the details of Parts D through G to ensure you’re well-prepared and know exactly what to expect.

Part D: Personal Information

Your Name: You’ll need to write your name as it appears in English, as well as in your native language if applicable. This helps ensure your information is accurately recorded in multiple languages.
Assistance in Filling Out the Form: If you had help from a family member such as a spouse, parent, or child, you’ll indicate that here. Acknowledging their assistance is crucial for the completeness of your application.

Part E: Professional Help

Did a professional play a part in preparing your document? This is where you’ll let the authorities know. Whether it was:

An attorney
An employee of a nonprofit
Another accredited representative

Ensuring this section is filled out correctly can aid in the transparency and processing of your application.

Parts F and G: Special Situations

Part F: This part of the form is not for you to fill out right now. It’s designed to be completed during your asylum interview, but only if it’s applicable to your situation. The asylum interview is a critical part of your application process, and this section will be filled by the interviewer.
Part G: Similar to Part F, this section is also reserved for future completion and pertains to those who will have removal hearings before an immigration judge. If you find yourself in front of the Executive Office for Immigration Review (EOIR), this part will be filled out then.

Important Points to Remember:

Don’t fill in Part F and G yourself: These parts are for specific scenarios and will be completed by respective officials if and when necessary.
Accuracy is key: Ensure all the provided information is correct to the best of your knowledge, especially in Parts D and E where your input is required.

For further guidance or information on immigration forms and processes, it’s always a good idea to consult official resources:

By tackling each part of your form with attention and care, you’re paving the way for a smoother immigration process.

What You Need to Include with Your Asylum Application

Essential Initial Steps:

When applying for asylum, it’s crucial to include all necessary documents alongside your application form. Here’s a simple guide to ensure you’re fully prepared:

Passport Photos: Attach two passport-sized photos to page 9 of your application. On the back of each photo, use a pencil to write down your full name and A-number. If you don’t have an A-number, simply write “A# None.”
For Family Members: If your asylum application includes family members, you need to replicate the process for them. This means making a copy of your application for each family member, attaching their two passport photos, and marking the back with their full name and A-number (or “A# None” if they don’t have one).

Crucial Documents to Include:

Make sure to gather and include copies of the following documents for both yourself and any family members included in your application:

Birth Certificate
Marriage Certificate (if applicable)
Passport or Travel Document (including all pages and covers)
I-94 Form (if you entered the United States with a visa, through the visa waiver program, or were paroled). Note: For entries after May 2013, the I-94 can be found online. Entries before May 2013 would have a paper I-94 stapled to the passport.

Additional Requirements if Including Your Spouse:

Your spouse’s Birth Certificate
Your spouse’s Passport/Travel Document (all pages)
Your spouse’s I-94 Form (if applicable)
Your Marriage Certificate
Proof of Termination of Previous Marriages (e.g., divorce judgment)

For Including Your Child:

Your child’s Birth Certificate
Your child’s Passport/Travel Document (all pages)
Your child’s I-94 Form (if applicable)

Special Circ*mstances:

Arrest or Conviction Records: If you or any included family members have been arrested or convicted in the United States, ensure to attach those records. If you are unable to provide them at the moment, include a note explaining your intention to furnish them once available.
Documents Not in English: All documents not in English must be accompanied by a certified translation.

Helpful Resources

For detailed guidance and additional resources, here are official immigration links:

Remember, the completeness and accuracy of your application and supporting documents can significantly influence the outcome of your asylum request. Take the time to carefully review and gather all the necessary pieces of evidence before submission.

Essential Documentation for Your Asylum Application

Making Copies of Your Application

When you’re applying for asylum, the amount of paperwork might seem overwhelming. However, it’s crucial to have everything in order. Here’s what you need in terms of copies of your application package:

If applying through USCIS:
Keep the original application package.
Create one copy to submit.
Make an additional copy for each family member included in your application.
Have one extra copy for your own records.
If applying through Immigration Court:
Reserve the original for the judge.
Prepare one copy for the government attorney.
Keep one copy for yourself.

This step ensures that all parties involved have access to the necessary documentation, and you have backups for your records.

Submitting Additional Evidence

For your asylum claim to be considered thoroughly, it’s vital to provide more than just the basic forms. You need to submit evidence that supports both the general situation in your home country and your personal story. Here’s what may strengthen your case:

General Condition Evidence:
Country Reports: Use official government or recognized international organization reports to detail conditions in your home country.
Personal Evidence:
Newspaper articles about your situation or country
Affidavits from witnesses or experts familiar with your case
Medical or psychological records proving any harm you’ve suffered
Statements from doctors regarding any injuries
Your journals, if they detail relevant experiences
Photographs that support your claim
Any relevant official documents, like police reports
Books that provide context to your claim
Personal statements elaborating on your testimony

If you’re unable to provide certain pieces of evidence immediately, it’s important to explain why in Supplement B of your application. Clearly stating the reasons for any missing documents can prevent misunderstandings and ensure your application progresses smoothly.

Remember: Each piece of evidence adds credibility to your story, significantly impacting the success of your asylum claim.

For further guidance on what evidence to gather, refer to the official USCIS Guidelines for Asylum Applicants.

Taking these steps seriously and gathering substantial supporting evidence can make a significant difference in the outcome of your asylum application. Proper documentation and evidence are key to a successful claim.

How to Submit Your Completed Form I-589

Submitting your Form I-589, Application for Asylum and for Withholding of Removal, involves precise steps that differ based on your current situation. Whether you’re applying through the U.S. Citizenship and Immigration Services (USCIS) or are in the midst of removal proceedings in immigration court, it’s crucial to follow the correct process.

Filing Through USCIS

When submitting your application through USCIS, your location dictates where you should send your application package. It can get a bit tricky, so here’s a simplified guide:

Residents of Arizona or Vermont: Send your package to the California Service Center.
Certain Nevada Counties: Your destination is the Nebraska Service Center.
U.S. Virgin Islands Residents: Mail your package to the Texas Service Center.

To avoid any confusion, always double-check the correct mailing address on the USCIS’s official “Where to File” page.

Filing During Removal Proceedings

If you find yourself in removal proceedings, your filing approach changes slightly. Here are your options:

Submit During Your Hearing:

Present the original and copies of your application to the judge, who will stamp them.
The judge retains the original, while you give one copy to the government attorney and keep one for yourself.

In-Person at the Immigration Court Filing Window:

Prepare a certificate of service (proof of giving the package to the attorney).
Bring all documents, including the certificate, to the court for stamping. The clerk keeps the originals.
Distribute one stamped copy to the government attorney and keep one for yourself. Their office is usually within the same building as the court. Find their address here.

Mail Your Application to the Court and Government Attorney:

Include a certificate of service.
Use a mail service offering tracking to send the original copy and certificate to the court and a copy to the attorney.
Keep the final copy for yourself.

Additional Steps

After submitting your application to the court or USCIS, remember to send other necessary documents to USCIS for scheduling your biometrics appointment. This is a critical step in your application process.

By following these guidelines, you ensure that your Form I-589 is filed correctly, whether you’re dealing with USCIS or immigration court proceedings. Always consult the official USCIS website for the most accurate and up-to-date information.

Form I-589: Filing Fee and Expected Processing Time

Filing Form I-589, the Application for Asylum and for Withholding of Removal, comes at no cost. Applicants typically receive a decision within 180 days from when they filed, barring any extraordinary circ*mstances. However, inaccuracies or incomplete sections in the form can lead to delays.

Essential Tips for Completing Form I-589

To streamline the process and reduce the likelihood of delays, consider the following advice:

File on Time: Submit your application within a year to avoid possible detention by immigration authorities.
Be Honest: Truthfulness is critical. Lying on your application can result in permanent bans from entering the U.S., and being caught in a lie could disqualify you from any future immigration benefits.
Consistency is Key: Ensure your application matches information from past applications. Explain any differences and back them up with proof.
Estimate When Necessary: If exact dates escape you, give your best estimate and offer any supporting evidence you can muster.
Need More Space?: Utilize “Supplement B, Form I-589” for additional room. You’re welcome to make extra copies of this section if needed.
Always Sign: Your application will be rejected if it’s not signed in Part D.
Stay Current: Always use the most recent version of the form available on the USCIS website.
Prefer Digital: Although handwriting is accepted, USCIS recommends filling out the form electronically and then printing it. If writing by hand, use black ink and ensure legibility.
New Form for Errors: If mistakes are made, it’s best to start afresh on a new form rather than try to correct them.
Avoid Certain Materials: Do not use highlighters or correction fluid, as scanner technology cannot accurately read these alterations.
Consistent Information on Multiple Forms: If submitting various forms, ensure your name, date of birth, and A-number (if you have one) are identical on each document.
Single-Sided Copies Only: Submit your application as single-sided documents for clarity.

By adhering to these straightforward guidelines, you can help ensure that your Form I-589 is processed as swiftly and smoothly as possible.