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

Form I-589, Application for Asylum and for Withholding of Removal, is a form used by individuals in the United States who are seeking refugee protection. It serves as the official application for asylum in the U.S. and for requesting withholding of removal.

Requirements

Asylum is a protective status granted to individuals who cannot or do not want to return to their home country due to previous persecution or a well-founded fear of future persecution based on their race, religion, nationality, membership in a specific social group, or political beliefs.

Withholding of removal offers a different type of protection but requires a higher standard of proof than asylum. An individual may qualify for withholding of removal if they can demonstrate that it is more likely than not that they would experience persecution or torture if returned to their home country. This form of protection prevents the individual from being deported to a nation where their life or freedom is at risk.

Individuals in these situations can apply for asylum or withholding of removal by submitting Form I-589 if they are at a U.S. port of entry or have already entered the U.S. Generally, applicants must file Form I-589 within one year of their arrival in the U.S. to be eligible for asylum.

The Process

The typical steps for applying for asylum in the U.S. are as follows:

Be Physically Present in the United States: You must be in the U.S. to apply for asylum.

Submit Form I-589: Complete and file Form I-589, ensuring all required information and documentation are included. It’s crucial to submit accurate information that aligns with any past immigration applications. If USCIS finds that you were not truthful, you could face permanent inadmissibility to the United States.

Filing Deadline: Applications must be submitted within one year of your arrival in the U.S., unless you qualify for an exception due to changed or extraordinary circumstances.

Biometrics Appointment: After submitting your application, you will receive a notice for a biometrics appointment to provide fingerprints, photographs, and signatures for background checks and you will be scheduled for an interview with the USCIS.

Receive a Decision: Following the interview, USCIS will decide on your application. They may approve it, deny it, or refer your case to an immigration court for further examination.

Immigration Court Proceedings: If referred, you will attend court hearings where you can present evidence and argue your case.

Conclusion

Form I-589 is a ten-page document with an additional two-page supplement. Legal representation is advisable during these proceedings. At McFarling Cohen Fic & Squires, we suggest seeking advice from an experienced immigration attorney if you are apprehensive about returning to your home country. An attorney can evaluate your circumstances and decide if you have a viable case for asylum or if other forms of relief or protection under immigration laws may be applicable. The one-year deadline for filing asylum applications is time-sensitive, although there are some exceptions. If you proceed with an asylum application, an attorney can help you navigate specific issues, such as what happens if the jurisdiction shifts from USCIS to immigration court.