- Who Can File Form I-589?
- How to Fill Out Form 1-589?
- What is the Cost of Filing Form I-589?
- What is the Processing Time?
- Where to File Form I-589?
Are you a non-citizen presently residing in the U.S. and fear of getting deported to your home country? You can apply for asylum using Form I-589. It is the Application for Asylum and for Withholding of Removal. It is primarily used to seek protection as a refugee if you are physically present in the United States, but not an eligible U.S. citizen.
According to the U.S Citizenship and Immigration Services (USCIS), there are two ways you can seek asylum –
- By filing for defensive asylum if you are facing proceedings before the Board of Immigration Appeals (BIA) or an immigration judge; or
- By filing for asylum affirmatively if you are not facing proceedings before the Executive Office for Immigration Review (EOIR).
You must file the form within one year of your entry into the United States; otherwise, you will not be eligible to apply for asylum in the United States as per the Immigration and Nationality Act.
One can seek asylum in the United States if they have experienced oppression in their home country or fear future persecution based on political opinions, nationality, religion, race, or social group.
On the other hand, if one can explicitly establish that they are more likely to face torture or persecution in their home country, then they may be eligible to apply for withholding of removal. Having this protection ensures that the individual may not be deported from the United States to their home country where their freedom or life is compromised.
One can also file the form to apply for protection in case they are deemed to be in danger under the United Nations Convention Against Torture (CAT). It provides relief options to those applying for asylum or withholding of removal. Here, it is important to understand that Form I-589 isn’t the same as Form I-821, which provides Temporary Protected Status (TPS). With TPS, one cannot file for U.S. permanent residency, whereas asylees can eventually be granted permanent residency in the United States.
If you are facing any of these situations, you may apply for asylum or 8withhold of removal if you are already living in the U.S. or you are present at a port of entry.
The form is 10 pages long and has an additional two pages, comprising 7 parts in total. You must fill out the form providing accurate and consistent information about you, your family, and your background. It is also important to efficiently present your eligibility to seek asylum or withholding of removal. Your explanation should be as detailed as possible and presented with adequate documents as evidence. USCIS will also want to know if you have any criminal history outside the U.S. Once you file the application, you must also submit all supporting documents as USCIS requires.
It is crucial to know in detail how to fill up Form I-589 because discrepancies or inconsistent information in any part may get your application rejected. You can work with an experienced immigration law firm that can guide you through all the steps of the application.
Presently, there is zero fee to file the Application for Asylum and for Withholding of Removal. USCIS also requires biometrics details to process the application but at no cost to the asylum applicants.
Typically, USCIS takes around 180 days from the application filing date to issue a decision or direct you through the next steps of your application.
If you meet all eligibility requirements to apply for asylum or withholding of removal, you may file the form either online or via mail based on your situation. The USCIS has laid down “Special Instructions” that provide more specific scenarios as to when you can apply online and when you send via mail. You can also find information about where to submit your Form I-589 at the official website of the U.S. Department of Homeland Security.
USCIS receives a large number of applications for asylum or withholding of removal every year. However, with the rise in immigrants from 2012 onwards, a large number of pending affirmative asylum cases are lying with USCIS. To reduce the chances of getting your application rejected, it is crucial to file the Form I-589 accurately.
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