If you want to get protection in the United States because you are afraid to return to your home country, Form I-589 is your application. This is the document that you use to ask for asylum and reprieve. Asylum can shield you from home-country persecution because of your race, religion, nationality, social group, or political ideology. If returning to your home country would expose you to torture or self-harm, withholding removal protects you from being deported.
We’ll walk you through all of this in this detailed explanation of how to fill out Form I-589, how much it costs, who is eligible, how long it takes to complete, and common questions.
What is Form I-589?
Individuals who want protection in the United States complete the Application for Asylum and for Withholding of Removal (I-589). It is for people who are either already in the country or who are entering and would like to seek asylum or want their removal halted because they are under persecution at home.
Asylum protects individuals who cannot return home safely due to past or ongoing persecution based on race, religion, political opinion, nationality, or membership in a particular social group. Approved asylum seekers can remain in the U.S. and may later apply for permanent residency (green card).
Denial of Removal, however, is less powerful protection. Asylum prevents individuals from being sent to a country where their life or freedom would be at risk. To stay a removal, stricter criteria apply: applicants must demonstrate that they are more likely than not to face persecution or torture in their home country.
Who Can File I-589 Apply For Asylum?
There are certain requirements for people who want to apply for asylum or for withholding removal. And this is what you need to know:
- Physical presence in the U.S. – You have to be in the U.S. when you apply for asylum. You are as good as illegal if you come in legally or not.
- You must be under persecution – You must be in good faith afraid of going back to your home country for fear of persecution or threats based on race, religion, nationality, social affiliation, or political belief.
- Filing deadline – Asylum applicants typically have one year from the date of their entry into the U.S. to file Form I-589. There are exceptions though like those people who have experienced change or exceptional situations and they don’t apply within this period.
How Much It Costs To Prepare Form I-589?
The good news about filing for asylum is that I-589 is free. You do not need to pay any money to fill in the form, that is.
Then you might need to make an appointment with biometrics and have your fingerprints, photo, and signature processed for background check. For asylum seekers, this service is also free.
How Long Does It Take For Form I-589 to Be Filled?
Filing Form I-589 is not an automatic process and can take up to 180 days (6 months) in which case USCIS will either issue a decision or notify the next steps. But sometimes there are exceptions based on your situation or scenario and it may take some time.
If you want to know how far along your application is, check out the USCIS processing times tool to monitor your case’s status.
How to Request Asylum I-589 Application Instructions
The asylum process is long, and you’ve got to do it step by step. Here’s a primer on what you need to do to apply for asylum in the US:
- Must Be Physically Located in the United States: You must already be living in the United States to apply for asylum.
- Fill out Form I-589: Fill out the Application for Asylum very carefully. Be sure to include everything you need, like why you are afraid of returning home and any documentation/evidence you might have.
- If You’re Not Eligible for an Exemption, Apply Within One Year of Arrival in the U.S. You might not make it to this deadline or your application will be rejected.
- Meet at a Biometrics Visit: Upon application, you may be asked to meet for a biometrics visit to get your fingerprints, picture, and signature tested.
- Asylum Interview: You will then be placed in an asylum interview with an asylum officer from USCIS. This interview is to see whether your claim is real and whether you are worthy of asylum. Be ready to share what you have been through and what you are afraid of.
- Get a Decision: After the interview, your application will be considered by USCIS. They might grant you asylum, deny you, or send your case to immigration court for reconsideration.
- Immigration Court Hearings (if necessary): If you have been sent to immigration court, then you will be hearing in front of an immigration judge who will rule on your case. A lawyer is advised for this phase.
Frequently Asked Questions Regarding Form I-589
Who is eligible for asylum in the US?
For those who live in a country that persecutes them, asylum is available. You can apply if you can’t or won’t come back due to fear (because of race, religion, political affiliation, nationality, or belonging to a particular social group).
Can I Submit Form I-589 If I’m here illegally in the U.S.?
It is possible, indeed, to request asylum even if you’re in the U.S. illegally. However, you must complete Form I-589 within a year of your entry into the U.S. to be eligible for asylum.
When is the asylum application due?
Generally, you have to submit Form I-589 within one year of arrival in the U.S. This is except if you have new circumstances or extraordinary situations where you cannot timely file.
Where is the line between asylum and denial of removal?
Asylum offers protection that allows you to stay in the U.S. and later qualify for a green card.
Non-removal provides mandatory protection from deportation to a country where you may face persecution or torture, but it does not grant permanent residency.
Can I Work in the U.S. While My Asylum Application Process Goes On?
And yes, if your asylum request has been sitting for 150 days, you can apply for work authorization (an Employment Authorization Document or EAD) to work legally in the US.
What if I don’t receive my Form I-589?
If your asylum application is rejected, you can have your case transferred to an immigration court where you can appear before an immigration judge. There’s no time without legal help at this point if you want to have the best chance of getting off the ground.
Are my family members able to be listed in my asylum application?
Do You Include Your Spouse And Minor Children Under 21 on your Form I-589? And, if they are not, they may be able to file separate applications too.
Will I be able to travel out of the U.S. if I submit an asylum request?
It is not permitted to leave the U.S. when your asylum request is in process, as that might be considered abandonment of the application. But sometimes you can get an advance parole travel document if you need to travel in an emergency.
Why Choose Law and Visas to Aid With Your Asylum Request?
Asylum is an uncertain business, and expert advice can be a game-changer. Law and Visas provides professional services for you to apply for asylum. Whether you need help completing your Form I-589, getting the scoop on eligibility, or readying for your asylum interview, we’re there to help.
Use Form I-589 if you want protection in the U.S. through asylum or reversal of removal. By following the proper steps, understanding the deadlines, and receiving the right support, you can succeed. If you are thinking of claiming asylum, or if you need assistance in claiming asylum, Law and Visas can help you get there.
How Law and Visas Can Help?
At Law and Visas, our team of expert immigration consultants is here to make your travel to the US straightforward and successful. Whether you’re applying for a Green Card, Visitor Visa, or Study Visa, we handle every step from preparing your application to gathering the required documents.
Our immigration Consultants and Lawyers ensure that your application meets the highest standards, with no details missed. We’ll also keep you informed throughout the process and coordinate with the immigration office or embassy on your behalf.
Law and Visas has a strong record of helping clients secure the visas/permits they need in the US. Call us today at +234 812 5505 986 to learn how we can assist you.
