The USCIS I-589 form is a crucial document used to apply for asylum and for withholding of removal in the United States. Individuals fleeing persecution in their home countries use this form to seek protection. Completing this form accurately is the first step towards a safer future for many.
Seeking asylum or protection within the United States is a process that involves many steps and requires the submission of various forms. Among these, the USCIS I-589 form stands out as a crucial document. It serves as the Application for Asylum and for Withholding of Removal, allowing individuals who fear persecution in their home country due to race, religion, nationality, membership in a particular social group, or political opinion, to seek refuge in the U.S. Completing this form is the first significant step for those seeking asylum, setting the stage for their case to be reviewed by the U.S. Citizenship and Immigration Services (USCIS). The form requires detailed information about the applicant's background, their reasons for seeking asylum, and evidence to support their claims. The outcome of this process can profoundly impact applicants' lives, granting them protection and a potential path to citizenship or resulting in a denial that could lead to deportation. Understanding the importance and intricacies of the USCIS I-589 form is therefore crucial for anyone navigating this challenging and often life-changing path.
Department of Homeland Security
U.S. Citizenship and Immigration Services
U.S. Department of Justice
Executive Office for Immigration Review
I-589, Application for Asylum and for Withholding of Removal
START HERE - Type or print in black ink. See the instructions for information about eligibility and how to complete and file this application. There is no filing fee for this application.
NOTE:
Check this box if you also want to apply for withholding of removal under the Convention Against Torture.
Part A.I. Information About You
1.
Alien Registration Number(s) (A-Number) (if any)
2. U.S. Social Security Number (if any) 3. USCIS Online Account Number (if any)
4.
Complete Last Name
5. First Name
6. Middle Name
7.What other names have you used (include maiden name and aliases)?
8.Residence in the U.S. (where you physically reside)
Street Number and Name
Apt. Number
City
State
Zip Code
Telephone Number
(
)
(NOTE: You must be residing in the United States to submit this form.)
9. Mailing Address in the U.S. (if different than the address in Item Number 8)
In Care Of (if applicable):
10.
Gender:
Male
Female
11.
Marital Status:
Single
Married
Divorced
Widowed
12.
Date of Birth (mm/dd/yyyy)
13.
City and Country of Birth
14.
Present Nationality (Citizenship)
15.
Nationality at Birth
16.
Race, Ethnic, or Tribal Group
17.
Religion
18.
Check the box, a through c, that applies:
a.
I have never been in Immigration Court proceedings.
b.
I am now in Immigration Court proceedings.
c.
I am not now in Immigration Court proceedings, but I have been in the past.
19.Complete 19 a through c.
a. When did you last leave your country? (mm/dd/yyyy)b. What is your current I-94 Number, if any?
c. List each entry into the U.S. beginning with your most recent entry. List date (mm/dd/yyyy), place, and your status for each entry.
(Attach additional sheets as needed.)
Date
Place
Status
Date Status Expires
20. What country issued your last passport or travel
21.
Passport Number
22. Expiration Date
document?
(mm/dd/yyyy)
Travel Document Number
23.What is your native language (include dialect, if applicable)? 24. Are you fluent in English? 25. What other languages do you speak fluently?
Yes
No
For EOIR use only.
For
Action:
Decision:
USCIS
Interview Date:
Approval Date:
use only.
Asylum Officer ID No.:
Denial Date:
Referral Date:
Form I-589 Edition 03/01/23
Page 1
Part A.II. Information About Your Spouse and Children
Your spouse
I am not married. (Skip to Your Children below.)
Alien Registration Number (A-Number)
2.
Passport/ID Card Number
3.
U.S. Social Security Number
(if any)
5.
6.
First Name
7.
Middle Name
8.
Other names used (include
maiden name and aliases)
9.
Date of Marriage (mm/dd/yyyy)
Place of Marriage
11. City and Country of Birth
12. Nationality (Citizenship)
13. Race, Ethnic, or Tribal Group
14. Gender
15.Is this person in the U.S.?
Yes (Complete Blocks 16 to 24.)
No (Specify location):
Place of last entry into the
Date of last entry into the
18. I-94 Number (if any)
19. Status when last admitted
U.S.
(Visa type, if any)
20.
What is your spouse's
What is the expiration date of his/her
22. Is your spouse in Immigration
23. If previously in the U.S., date of
current status?
authorized stay, if any? (mm/dd/yyyy)
Court proceedings?
previous arrival (mm/dd/yyyy)
24.If in the U.S., is your spouse to be included in this application? (Check the appropriate box.) Yes
Your Children. List all of your children, regardless of age, location, or marital status.
I do not have any children. (Skip to Part A.III., Information about your background.)
I have children. Total number of children:.
(NOTE: Use Form I-589 Supplement A or attach additional sheets of paper and documentation if you have more than four children.)
3. Marital Status (Married, Single,
Divorced, Widowed)
7. Middle Name
10. Nationality (Citizenship)
11. Race, Ethnic, or Tribal Group
12. Gender
Is this child in the U.S. ?
Yes (Complete Blocks 14 to 21.)
Place of last entry into the U.S.
15. Date of last entry into the
16. I-94 Number (If any)
17. Status when last admitted
U.S. (mm/dd/yyyy)
What is your child's current status?
19. What is the expiration
date of his/her
20. Is your child in
Immigration Court proceedings?
21. If in the U.S., is this child to be included in this application? (Check the appropriate box.)
Yes No
Page 2
Part A.II. Information About Your Spouse and Children (Continued)
13. Is this child in the U.S. ?
14. Place of last entry into the U.S.
18. What is your child's current status?
21.If in the U.S., is this child to be included in this application? (Check the appropriate box.) Yes
Marital Status (Married, Single,
13.Is this child in the U.S. ? Yes (Complete Blocks 14 to 21.) No (Specify location):
20. Is your child in Immigration Court proceedings?
Page 3
Part A.III. Information About Your Background
1.List your last address where you lived before coming to the United States. If this is not the country where you fear persecution, also list the last address in the country where you fear persecution. (List Address, City/Town, Department, Province, or State and Country.)
(NOTE: Use Form I-589 Supplement B, or additional sheets of paper, if necessary.)
Number and Street
(Provide if available)
City/Town
Department, Province, or State
Country
Dates
From (Mo/Yr) To (Mo/Yr)
2.Provide the following information about your residences during the past 5 years. List your present address first. (NOTE: Use Form I-589 Supplement B, or additional sheets of paper, if necessary.)
3.Provide the following information about your education, beginning with the most recent school that you attended. (NOTE: Use Form I-589 Supplement B, or additional sheets of paper, if necessary.)
Name of School
Type of School
Location (Address)
Attended
4.Provide the following information about your employment during the past 5 years. List your present employment first. (NOTE: Use Form I-589 Supplement B, or additional sheets of paper, if necessary.)
Name and Address of Employer
Your Occupation
5.Provide the following information about your parents and siblings (brothers and sisters). Check the box if the person is deceased. (NOTE: Use Form I-589 Supplement B, or additional sheets of paper, if necessary.)
Full Name
City/Town and Country of Birth
Current Location
Mother
Deceased
Father
Sibling
Page 4
Part B. Information About Your Application
(NOTE: Use Form I-589 Supplement B, or attach additional sheets of paper as needed to complete your responses to the questions contained in Part B.)
When answering the following questions about your asylum or other protection claim (withholding of removal under 241(b)(3) of the INA or withholding of removal under the Convention Against Torture), you must provide a detailed and specific account of the basis of your claim to asylum or other protection. To the best of your ability, provide specific dates, places, and descriptions about each event or action described. You must attach documents evidencing the general conditions in the country from which you are seeking asylum or other protection and the specific facts on which you are relying to support your claim. If this documentation is unavailable or you are not providing this documentation with your application, explain why in your responses to the following questions.
Refer to Instructions, Part 1: Filing Instructions, Section II, "Basis of Eligibility," Parts A - D, Section V, Completing the Form," Part B, and Section VII, "Additional Evidence That You Should Submit," for more information on completing this section of the form.
1.Why are you applying for asylum or withholding of removal under section 241(b)(3) of the INA, or for withholding of removal under the Convention Against Torture? Check the appropriate box(es) below and then provide detailed answers to questions A and B below.
I am seeking asylum or withholding of removal based on:
Race
Nationality
Political opinion
Membership in a particular social group Torture Convention
A.Have you, your family, or close friends or colleagues ever experienced harm or mistreatment or threats in the past by anyone?
If "Yes," explain in detail:
1.What happened;
2.When the harm or mistreatment or threats occurred;
3.Who caused the harm or mistreatment or threats; and
4.Why you believe the harm or mistreatment or threats occurred.
B.Do you fear harm or mistreatment if you return to your home country?
1.What harm or mistreatment you fear;
2.Who you believe would harm or mistreat you; and
3.Why you believe you would or could be harmed or mistreated.
Page 5
Part B. Information About Your Application (Continued)
2.Have you or your family members ever been accused, charged, arrested, detained, interrogated, convicted and sentenced, or imprisoned in any country other than the United States (including for an immigration law violation)?
If "Yes," explain the circumstances and reasons for the action.
3.A. Have you or your family members ever belonged to or been associated with any organizations or groups in your home country, such as, but not limited to, a political party, student group, labor union, religious organization, military or paramilitary group, civil patrol, guerrilla organization, ethnic group, human rights group, or the press or media?
If "Yes," describe for each person the level of participation, any leadership or other positions held, and the length of time you or your family members were involved in each organization or activity.
3.B. Do you or your family members continue to participate in any way in these organizations or groups?
If "Yes," describe for each person your or your family members' current level of participation, any leadership or other positions currently held, and the length of time you or your family members have been involved in each organization or group.
4.Are you afraid of being subjected to torture in your home country or any other country to which you may be returned?
If "Yes," explain why you are afraid and describe the nature of torture you fear, by whom, and why it would be inflicted.
Page 6
Part C. Additional Information About Your Application
(NOTE: Use Form I-589 Supplement B, or attach additional sheets of paper as needed to complete your responses to the questions contained in Part C.)
1.Have you, your spouse, your child(ren), your parents or your siblings ever applied to the U.S. Government for refugee status, asylum, or withholding of removal?
If "Yes," explain the decision and what happened to any status you, your spouse, your child(ren), your parents, or your siblings received as a result of that decision. Indicate whether or not you were included in a parent or spouse's application. If so, include your parent or spouse's A-number in your response. If you have been denied asylum by an immigration judge or the Board of Immigration Appeals, describe any change(s) in conditions in your country or your own personal circumstances since the date of the denial that may affect your eligibility for asylum.
2.A. After leaving the country from which you are claiming asylum, did you or your spouse or child(ren) who are now in the United States travel through or reside in any other country before entering the United States?
2.B. Have you, your spouse, your child(ren), or other family members, such as your parents or siblings, ever applied for or received any lawful status in any country other than the one from which you are now claiming asylum?
If "Yes" to either or both questions (2A and/or 2B), provide for each person the following: the name of each country and the length of stay, the person's status while there, the reasons for leaving, whether or not the person is entitled to return for lawful residence purposes, and whether the person applied for refugee status or for asylum while there, and if not, why he or she did not do so.
3.Have you, your spouse or your child(ren) ever ordered, incited, assisted or otherwise participated in causing harm or suffering to any person because of his or her race, religion, nationality, membership in a particular social group or belief in a particular political opinion?
If "Yes," describe in detail each such incident and your own, your spouse's, or your child(ren)'s involvement.
Page 7
Part C. Additional Information About Your Application (Continued)
4.After you left the country where you were harmed or fear harm, did you return to that country?
If "Yes," describe in detail the circumstances of your visit(s) (for example, the date(s) of the trip(s), the purpose(s) of the trip(s), and the length of time you remained in that country for the visit(s).)
5.Are you filing this application more than 1 year after your last arrival in the United States?
If "Yes," explain why you did not file within the first year after you arrived. You must be prepared to explain at your interview or hearing why you did not file your asylum application within the first year after you arrived. For guidance in answering this question, see Instructions, Part 1: Filing Instructions, Section V. "Completing the Form," Part C.
6.Have you or any member of your family included in the application ever committed any crime and/or been arrested, charged, convicted, or sentenced for any crimes in the United States (including for an immigration law violation)?
If "Yes," for each instance, specify in your response: what occurred and the circumstances, dates, length of sentence received, location, the duration of the detention or imprisonment, reason(s) for the detention or conviction, any formal charges that were lodged against you or your relatives included in your application, and the reason(s) for release. Attach documents referring to these incidents, if they are available, or an explanation of why documents are not available.
Page 8
Part D. Your Signature
I certify, under penalty of perjury under the laws of the United States of America, that this application and the evidence submitted with it are all true and correct. Title 18, United States Code, Section 1546(a), provides in part: Whoever knowingly makes under oath, or as permitted under penalty of perjury under Section 1746 of Title 28, United States Code, knowingly subscribes as true, any false statement with respect to a material fact in any application, affidavit, or other document required by the immigration laws or regulations prescribed thereunder, or knowingly presents any such application, affidavit, or other document containing any such false statement or which fails to contain any reasonable basis in law or fact - shall be fined in accordance with this title or imprisoned for up to 25 years. I certify that I am physically present in the United States or seeking admission at a Port of Entry when I execute this application. I authorize the release of any information from my immigration record that U.S. Citizenship and Immigration Services (USCIS) needs to determine eligibility for the benefit I am seeking.
WARNING: Applicants who are 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. You may not avoid a frivolous finding simply because someone advised you to provide false information in your asylum application. If filing with USCIS, unexcused failure to appear for an appointment to provide biometrics (such as fingerprints) and your biographical information within the time allowed may result in an asylum officer dismissing your asylum application or referring it to an immigration judge. Failure without good cause to provide DHS with biometrics or other biographical information while in removal proceedings may result in your application being found abandoned by the immigration judge. See sections 208(d)(5)(A) and 208(d)(6) of the INA and 8 CFR sections 208.10, 1208.10, 208.20, 1003.47(d) and 1208.20.
Print your complete name.
Write your name in your native alphabet.
Did your spouse, parent, or child(ren) assist you in completing this application?
Yes (If "Yes," list the name and relationship.)
(Name)(Relationship)
Did someone other than your spouse, parent, or child(ren) prepare this application?
Asylum applicants may be represented by counsel. Have you been provided with a list of persons who may be available to assist you, at little or no cost, with your asylum claim?
Signature of Applicant (The person in Part. A.I.)
[
]
Sign your name so it all appears within the brackets
(Name)
(Relationship)
Yes (If "Yes,"complete Part E.)
Date (mm/dd/yyyy)
Part E. Declaration of Person Preparing Form, if Other Than Applicant, Spouse, Parent, or Child
I declare that I have prepared this application at the request of the person named in Part D, that the responses provided are based on all information of which I have knowledge, or which was provided to me by the applicant, and that the completed application was read to the applicant in his or her native language or a language he or she understands for verification before he or she signed the application in my presence. I am aware that the knowing placement of false information on the Form I-589 may also subject me to civil penalties under 8 U.S.C. 1324c and/or criminal penalties under 18 U.S.C. 1546(a).
Signature of Preparer
Print Complete Name of Preparer
Daytime Telephone Number
Address of Preparer:
To be completed by an
Select this box if
Attorney State Bar Number (if
Attorney or Accredited Representative
Form G-28 is
applicable)
USCIS Online Account Number (if any)
attorney or accredited
attached.
representative (if any).
Page 9
Part F. To Be Completed at Asylum Interview, if Applicable
NOTE: You will be asked to complete this part when you appear for examination before an asylum officer of the Department of Homeland Security, U.S. Citizenship and Immigration Services (USCIS).
I swear (affirm) that I know the contents of this application that I am signing, including the attached documents and supplements, that they are
all true or not all true to the best of my knowledge and that correction(s) numbered to were made by me or at my request. Furthermore, I am aware that if I am determined to have knowingly made a frivolous application for asylum I will be permanently ineligible for any benefits under the Immigration and Nationality Act, and that I may not avoid a frivolous finding simply because someone advised me to provide false information in my asylum application.
Signed and sworn to before me by the above named applicant on:
Signature of Applicant
Write Your Name in Your Native Alphabet
Signature of Asylum Officer
Part G. To Be Completed at Removal Hearing, if Applicable
NOTE: You will be asked to complete this Part when you appear before an immigration judge of the U.S. Department of Justice, Executive Office for Immigration Review (EOIR), for a hearing.
Signature of Immigration Judge
Page 10
When an individual seeks asylum or protection in the United States, accurately completing the USCIS I-589 form is the first critical step in this process. This form may appear daunting initially, but with careful attention to detail, one can successfully navigate through it. The information provided will be used to evaluate the applicant's eligibilities, such as fear of persecution, and ultimately determine whether they qualify for asylum, withholding of removal, or protection under the Convention Against Torture. Following these steps will ensure the form is filled out correctly and thoroughly, paving the way for the next stages which include interviews and possibly court hearings.
After submitting the I-589 form, the applicant should prepare for the next steps, which may include interviews with USCIS officers and potentially court appearances. It is recommended to seek legal counsel experienced in asylum cases to navigate the complexities of immigration law throughout this process. Patience and honesty are vital, as the procedure can be lengthy and demanding. Remember, each step taken is a move toward safety and security.
What is the USCIS I-589 form used for?
The USCIS Form I-589, Application for Asylum and for Withholding of Removal, is primarily used by individuals who are physically present in the United States to apply for asylum or for withholding of removal. This form allows individuals who fear persecution in their home country based on race, religion, nationality, membership in a particular social group, or political opinion to seek protection in the U.S.
Who is eligible to file Form I-589?
Eligibility to file Form I-589 is confined to individuals currently in the United States who fear persecution in their home country. This includes, but isn't limited to, people fleeing their country due to their political opinions, religious beliefs, nationality, race, or membership in a particular social group. It's important to file this form within one year of arriving in the U.S., unless there are exceptional circumstances that prevented a timely filing.
Is there a filing fee for Form I-589?
No, there is no filing fee required for submitting Form I-589. This policy helps ensure that financial constraints do not hinder individuals seeking asylum or withholding of removal in the United States.
What documents are required to accompany Form I-589?
When filing Form I-589, it's crucial to include evidence supporting your fear of persecution. This might consist of personal affidavits detailing your experiences, credible reports on your country's conditions, evidence of your membership in particular social groups, and any documents relevant to your identity and nationality. Thorough documentation strengthens your application and supports your claim for asylum or withholding of removal.
How long does it take to process Form I-589?
Processing times for Form I-589 can vary widely depending on several factors, including the volume of applications currently being processed, the specifics of your case, and your location within the United States. It may take several months or even years to receive a decision. Applicants can check the current processing times on the USCIS website or contact them directly for the most up-to-date information.
Can I work while my Form I-589 is being processed?
Applicants may apply for employment authorization 150 days after filing Form I-589, as long as no decision has been made on the application. However, the actual employment authorization document (EAD) cannot be obtained until at least 180 days have passed. This rule ensures that applicants have a means to support themselves while their asylum applications are under consideration.
What if my application is denied?
If your Form I-589 application is denied, you have a few potential next steps depending on your situation. Denial can lead to removal proceedings, during which you can request the immigration judge to reconsider your asylum claim. It's crucial to seek legal advice to explore your options, which may include filing an appeal or exploring other forms of relief.
Can I include my family in the Form I-589 application?
Yes, you can include your spouse and children who are in the United States on your Form I-589 application. To do so, your children must be unmarried, under 21 years of age, and physically present in the U.S. Including them in your application allows your family to be considered for the same protection simultaneously.
How do I file Form I-589?
Form I-589 should be filled out completely and submitted to the United States Citizenship and Immigration Services (USCIS) either through mail or, in certain cases, electronically. It's vital to follow the instructions carefully, provide all required information, and include supporting documents to avoid delays. USCIS provides guidelines and the mailing address on their official website.
Where can I find help with my Form I-589 application?
Assistance with your Form I-589 application can be found through various channels. Non-profit organizations, immigration attorneys, and accredited representatives can provide guidance and help with the preparation of your application. Additionally, the USCIS Contact Center and the USCIS website offer information and resources to support applicants through the process.
When filling out the USCIS I-589 form, which is the application for asylum and for withholding of removal, individuals often encounter several common pitfalls. Being aware of these mistakes can make the difference between a successful application and one that faces unnecessary delays or rejection. Here’s what to watch out for.
Firstly, a frequent mistake is not fully completing the form. Every question on the I-589 form should have an answer. Leaving blanks can signal to USCIS officials that the application is incomplete, which could lead to processing delays or even a denial. If a particular question does not apply, it's better to write “N/A” (not applicable) than to leave it blank.
Another common error is not providing detailed explanations. The USCIS I-589 form requires detailed information about the applicant's background and reasons for seeking asylum. Lack of detail can be a red flag for officers who are trying to assess the credibility and seriousness of each case. Therefore, it’s critical to explain situations fully and avoid vague responses.
Incorrectly filing the form is also a common mistake. This encompasses both the method of submission and ensuring that the form is the most current version. The USCIS periodically updates its forms, and using an outdated version can lead to rejection. Furthermore, applicants need to make sure they follow the specific filing instructions, such as where and how to submit the form.
Many applicants forget to sign the form before submission. This oversight might seem minor, but an unsigned form is considered invalid by the USCIS. Checking that all required signatures are in place before sending in the application is crucial.
Not attaching the necessary supporting documents is another typical error. The I-589 form requires various documents that support the applicant's case for asylum. Failing to attach these, or providing incomplete documents, can significantly weaken the application.
People often underestimate the importance of consistency in their application. Inconsistencies between the information provided on the form and the supporting documents or in the story told can raise doubts about the authenticity of the application. Ensuring that all information is consistent across the entire application is key.
Language barriers sometimes lead to inaccuracies in the form. Applicants who are not fluent in English may misinterpret questions or provide incorrect answers. Seeking help from a translator or a legal representative can mitigate this issue, ensuring that the information on the form accurately reflects the applicant's situation.
Lastly, many applicants fail to keep a copy of their completed I-589 form and all attached documents. This oversight can become problematic if the USCIS requires additional information or if the applicant needs to reference what was submitted. Keeping a copy ensures that the applicant can maintain consistency in their story and respond accurately to any queries from USCIS.
Avoiding these common mistakes can help smooth the path toward a successful asylum application. Attention to detail, thoroughness, and adherence to USCIS instructions are crucial throughout the process.
The submission of the United States Citizenship and Immigration Services (USCIS) Form I-589, Application for Asylum and for Withholding of Removal, is a significant step for individuals seeking protection in the United States. However, to support this application effectively, applicants usually need to gather and submit additional forms and documents. These supplementary materials play a crucial role in substantiating the claims made in the I-589 application, providing a comprehensive view of the applicant's situation and the reasons for seeking asylum or withholding of removal.
Collecting and preparing these documents requires careful attention to detail and thoroughness. Applicants should ensure that each document is accurate, relevant, and properly translated, as necessary. The effectiveness of an asylum or withholding of removal application often hinges on the strength and persuasiveness of the supporting documentation. Therefore, applicants must consider the significance of each document relative to their specific circumstances, ensuring a well-supported and compelling case to the USCIS.
The USCIS I-130, also known as the Petition for Alien Relative, shares similarities with the I-589 in its purpose to alter the status of someone in the United States. While the I-589 is structured for asylum or withholding of removal, the I-130 is aimed at family-based immigration, allowing U.S. citizens or lawful permanent residents to establish a relationship with an alien relative.
The USCIS I-485, Application to Register Permanent Residence or Adjust Status, is another form closely related to the I-589. Both forms are used by individuals in the United States seeking to change their immigration status. However, the I-485 is broader, allowing for adjustments to permanent residency based on various eligibility categories.
USCIS I-765, Application for Employment Authorization, while primarily focused on granting work permits, is similar to the I-589 as part of the process for applicants seeking to stay in the U.S. under certain conditions, including asylum or adjustment of status applicants who may need employment authorization while their cases are being processed.
The USCIS I-131, Application for Travel Document, parallels the I-589 in its provision for individuals looking to leave and return to the U.S. safely, without jeopardizing their immigration status. Asylees or those applying for asylum may need a travel document to re-enter the U.S. if they have to travel abroad.
USCIS N-400, Application for Naturalization, is akin to the I-589 in its role in changing an individual's immigration status. While the I-589 is the first step for asylum seekers towards safety and potentially legal residence, the N-400 is the last step for lawful permanent residents to achieve citizenship.
The USCIS I-821, Application for Temporary Protected Status (TPS), aligns with the I-589 as it is another form of humanitarian relief. It allows nationals of specifically designated countries that are experiencing ongoing armed conflict, an environmental disaster, or extraordinary and temporary conditions to stay in the U.S. temporarily.
USCIS I-601, Application for Waiver of Grounds of Inadmissibility, shares purposes with the I-589 in offering a path for individuals who may be otherwise inadmissible to the U.S. The I-589 includes provisions for waiving certain inadmissibility grounds for asylum seekers, similar to how the I-601 works for other immigration benefits.
The USCIS I-360, Petition for Amerasian, Widow(er), or Special Immigrant, is comparable to the I-589, as it provides various groups, including victims of abuse and certain employees of international organizations, a way to seek legal status in the U.S. This form, like the I-589, addresses specific individuals in need of protection or recognition by the U.S. immigration system.
Applying for asylum or withholding of removal in the United States requires careful attention to detail, especially when filling out the USCIS I-589 form. Complying with the guidelines ensures that your application is complete and stands the best chance of being processed without unnecessary delays. Below are recommendations on what you should and shouldn't do when completing this form.
Do:
Read the instructions provided by USCIS carefully before beginning. These contain crucial information about the requirements and documentation needed to support your application.
Fill out the form in English, unless otherwise specified. If your original documents are in another language, provide a certified English translation.
Answer every question as completely and honestly as possible. If a question does not apply to you, write "N/A" (not applicable) rather than leaving it blank.
Include detailed information about your situation and any evidence that supports your claim for asylum or withholding of removal. This might involve descriptions of your fear of persecution in your home country.
Keep a copy of the completed form and all documents submitted for your records. Having these documents readily available will be helpful for future reference or in case of any follow-up required.
Use black ink if filling out the form by hand. This ensures that the document is legible and can be scanned or photocopied without issues.
Attach additional sheets of paper if you need more space to answer questions fully. Make sure to indicate the part and number of the question you are continuing on these sheets.
Sign and date the form. An unsigned application is automatically rejected.
Review your application thoroughly before submission. Check for inaccuracies or omissions that could potentially delay the processing of your application.
Consult with a legal advisor if you have questions or need assistance with your application. Professional guidance can be invaluable in navigating the complexities of asylum law.
Don't:
Submit incomplete forms. Every required field should be filled out unless specifically marked as optional.
Lie or provide false information. Misrepresentation can lead to your application being denied and may have legal consequences.
Forget to include required supporting documents. These are vital in establishing the credibility of your claim.
Ignore deadlines. Submitting your application in a timely manner is crucial; delays can affect your eligibility for asylum.
Use correction fluid or tape on the form. If you need to make corrections, it is advisable to start with a fresh form to maintain clarity.
Submit the form without reviewing it for errors. Mistakes can slow down the application process or affect the outcome.
Overlook the importance of attaching evidence. Detailed, organized documentation strengthens your case.
Rely solely on advice from non-professionals. While friends and family may mean well, incorrect advice can lead to errors on your application.
Assume the process is the same for everyone. Individual circumstances can significantly affect the application process and outcome.
Avoid seeking help if needed. Utilizing resources like legal counsel or community organizations can provide support and guidance throughout the application process.
Applying for asylum or withholding of removal in the United States involves using the USCIS Form I-589. This process, deeply impactful for applicants, is surrounded by numerous misconceptions that can affect their applications. Addressing these myths is critical for a proper understanding of the asylum process.
The I-589 Form Can Be Filed Online: As of the current regulations, the USCIS I-589 form cannot be submitted online. Applications must be mailed to the appropriate USCIS office. This contrasts with some other USCIS forms that offer electronic filing options.
Applicants Must Have Legal Representation: While hiring an attorney can provide significant advantages, including better understanding the process and potentially increasing the likelihood of a favorable decision, it is not a requirement. Applicants can file Form I-589 on their own.
There’s a Fee to Apply: The USCIS I-589 form, essential for asylum or withholding of removal applications, does not require a filing fee. This is a critical point, as many applicants come from situations where resources are scarce.
You Can Apply at Any Time: There's a misconception that applicants can file this form at any time after arriving in the United States. However, there's a general rule requiring asylum seekers to apply within one year of their arrival, except for rare exceptions.
Every Asylum Seeker Must Fill Out This Form: While the I-589 form is the correct application for most asylum seekers, there are circumstances under which different forms may be more appropriate, depending on the specific legal path an individual is pursuing.
Only Adults Need to Apply: This is not true—while adults submit their own applications, they also need to include any children under 21 and spouses in their application if these family members are in the United States and seeking asylum.
Translating Documents Is Not Necessary: Any documents submitted with the I-589 form that are not in English must be accompanied by a complete English translation. Each translation must include a statement by the translator certifying that the translation is accurate and the translator is competent to translate.
Filling Out the Form Is Sufficient for Asylum Approval: Simply completing and submitting Form I-589 does not guarantee asylum. Applicants must meet specific requirements, demonstrate a well-founded fear of persecution based on specific grounds, and go through a comprehensive interview process.
Understanding these misconceptions is the first step towards a properly filed asylum application. It is essential for applicants to fully understand the process, gather all necessary documentation, and, if possible, consult with a legal expert to ensure their case is as strong as it can be.
The USCIS I-589 form, Application for Asylum and for Withholding of Removal, plays a crucial role for individuals seeking protection from persecution or harm in their country of origin. Understanding the nuances of filling out and submitting this form is essential for a smooth application process. Below are key takeaways that applicants should keep in mind:
Properly filling out and understanding the USCIS I-589 form is instrumental in the asylum application process. Applicants are encouraged to seek guidance when necessary to ensure the accuracy and completeness of their submission.
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