Instructions For Form I-589 - Application For Asylum And For Withholding Of Removal

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Department of Homeland Security
OMB No. 1615-0067; Expires 05/31/2019
U.S. Citizenship and Immigration Services
I-589, Application for Asylum
Department of Justice
and for Withholding of Removal
U.S. Executive Office for Immigration Review
Instructions
WARNING: Applicants in the United States unlawfully
What Is the Purpose of This Form?
are subject to removal if their asylum or withholding
claims are not granted by an asylum officer or an
This form is used to apply for asylum in the United States and
for withholding of removal (formerly called "withholding of
immigration judge. Any information provided in
deportation"). This application may also be used to apply for
completing this application may be used as a basis for the
protection under the Convention Against Torture. You may
institution of, or as evidence in, removal proceedings, even
file this application if you are physically present in the United
if the application is later withdrawn.
States, and you are not a U.S. citizen.
Applicants determined to have knowingly made a frivolous
application for asylum will be permanently ineligible for
NOTE: You must submit an application for asylum within 1
any benefits under the Immigration and Nationality Act
year of arriving in the United States, unless there are changed
(INA). You may not avoid a frivolous finding simply
circumstances that materially affect your eligibility for asylum
because someone advised you to provide false information
or extraordinary circumstances directly related to your failure
in your asylum application.
to file within 1 year. (See Part C, Additional Information
about Your Application, in Section V on Part 1 of the
If filing with U.S. Citizenship and Immigration Services
instructions for further explanation.)
(USCIS), unexcused failure to appear for an appointment
or to provide biometrics (such as fingerprints) and other
You may include in your application your spouse and
biographical information within the time allowed may
delay eligibility for employment authorization and result
unmarried children who are under 21 years of age and
physically present in the United States. You must submit
in an asylum officer dismissing your asylum application
certain documents for your spouse and each child included as
or referring it to an immigration judge. Applicants and
required by these instructions. Children 21 years of age or
eligible dependents in removal proceedings who fail without
older and married children must file separate applications. If
good cause to provide USCIS with their biometrics or their
biographical information as required within the time
you are granted asylum and your spouse and/or any unmarried
allowed may have their applications found abandoned by
children under 21 years of age are outside the United States,
you may file Form I-730, Refugee and Asylee Relative
the immigration judge. See sections 208(d)(5)(A) and
Petition, for them to gain similar benefits.
208(d)(6) of the INA and 8 Code of Federal Regulations
(CFR) sections 208.10, 1208.10, 208.20, 1003.47(d), and
1208.20.
Instruction Sections: Filing Information and
How Your Application Will Be Processed
Table of Contents
The instructions are divided into two sections:
Part 1. Filing Instructions
..................................................................2
The first section has filing information. This section
I.
Who May Apply and Filing Deadlines
..................................2
discusses basic eligibility criteria and guides you through
II.
Basis of Eligibility
..................................................................2
filling out and filing the application.
A. Asylum
..........................................................................2
B. Withholding of Removal
................................................3
The second section explains how your application will be
C. Deferral of Removal Under
processed. This section also describes potential interim
the Convention Against Torture
....................................4
benefits available while your application is pending.
D. Legal Sources Relating to Eligibility
.............................4
III. Confidentiality
.....................................................................4
Read these instructions carefully. The instructions will help
IV. Right to Counsel
.....................................................................4
you complete your application and understand how it will be
V.
Obtaining and Completing the Form .................................5
processed. If you have questions about your eligibility, how
Part A.I.
Information About You
...................................5
to complete the form, or the asylum process, you may wish to
Part A.II. Spouse and Children
........................................5
consult an attorney or other qualified person to assist you.
Part A.III. Information About Your
(See Section IV, Right to Counsel, in Part I of these
Background
.....................................................6
instructions.)
Part B.
Information About Your
Application
......................................................6
Form I-589 Instructions 05/16/17 N Page 1

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