HOW TO QUALIFY FOR ASYLUM

 

According to the office of the United Nations High Commissioner for Refugees (UNHCR), over 100,000,000 displaced persons are seeking refuge in other countries. Displaced by crime, war, and poverty their numbers are expected to double by the year 2030 and quadruple by the year 2050 as more people are displaced by climate change.

 

President Biden has pledged that the United States will lead a global effort to help refugees. Executive orders from the President, in conjunction with existing law, make it easier to them to come to the United States and find permanent homes by applying for asylum.

 

Use Form I-589 to Apply for Asylum

 

The I-589 Form is used to apply for asylum in the United States and for withholding of removal (formerly called “withholding of deportation”). It may also be used to apply for protection under the Convention Against Torture. If you are physically present in the United States and you are not a U.S. citizen, you may use the I-589 Form.

 

You must submit an application for asylum within I year of arriving in the United States, unless you can establish there are changed circumstances that materially affect your eligibility for asylum or extraordinary circumstances directly related to your failure to file within 1 year.

 

You may include in your application your spouse and unmarried children who are under 21 years of age and physically present in the United States. You must submit certain documents for your spouse and each child included. Children 21 years of age or older and married children must file separate applications. If you are granted asylum and your spouse and/or any unmarried children under 21 years of age are outside the United States, you may file form I-730, Refugees/Asylee Relative Petition, for them to gain similar benefits.

 

Filing Information

 

These instructions are divided into two parts. The first part has filing information. It discusses basic eligibility criteria and guides you through filling out and filing the application. The second part explains how your application will be processed. This part also describes potential interim benefits available while your application is pending.

 

Read these instructions carefully. The instructions will help you to complete your application and understand how it will be processed. If you have questions about your eligibility, how to

complete the form, or the asylum process, you may wish to consult with an attorney or other qualified person to assist you.

 

Applicants in the United States unlawfully are subject to removal if their asylum or withholding claims are not granted by an asylum officer or by an immigration judge. Any information provided in completing this application may be used as a basis for the initiation of, or an 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 (INA). You may not avoid a frivolous finding simply because some advised you to provide false information in your asylum application. See section 208(d)(6) of the INA and Title 8 of the Code of federal Regulations (CFR) sections 208.20 and 1208.20.

 

If filing with U.S. Citizenship and Immigration Services (USCIS), unexcused failure to appear for an appointment or to provide biometrics (such as fingerprints) and other biographical information within the time allowed may delay eligibility for employment authorization and result in an asylum officer dismissing your asylum application or referring it to an immigration judge.

 

Applicants and eligible dependents in removal proceedings who fail, without good cause, to provide USCIS with their biometrics or their biographical information as required within the time allowed may have their applications found abandoned by the immigration judge. See sections 208(d)(5)(A) of the INA and 8 CFR sections 208.10, 1208.10, and 1003.47(d).

 

PART 1. FILING INSTRUCTIONS

 

I.   Who May Apply and Filing Deadlines

 

You may apply for asylum irrespective of your immigration status and even if you are in the United States unlawfully unless otherwise provided by statute or regulations.

 

You must file your asylum application within 1 year after you arrive in the United States. If you fail to file within 1 year after your arrival, your application may be denied unless you can show there are changed circumstances that materially affect your eligibility for asylum or extraordinary circumstances that prevented you from filing within 1 year. Failure to file the Form I-589 within 1 year of your last arrival in the United States also may delay your eligibility for employment authorization or result in the denial of your application for employment authorization.

An Unaccompanied Alien Child (UAC) is a legal term referring to a non-U.S. citizen child who has no lawful immigration status in the United States; has not attained 18 years of age; and has no parent or legal guardian in the United States, or for whom no parent or legal guardian in the United States is available to provide care and physical custody. See 6 U.S.C. 279(g)(2). The Asylum Division has initial jurisdiction over an asylum application filed by a UAC, including a UAC in removal proceedings before an immigration judge.

 

If you have previously been denied asylum by an immigration judge or the Board of Immigration Appeals, you must show that there are changed circumstances that materially affect your eligibility for asylum.

 

The determination of whether you are permitted to apply for asylum will be made once you have had an asylum interview with an asylum officer or a hearing before an immigration judge. Even if you are not eligible to apply for asylum for the reasons stated above, you may still be eligible to apply for withholding of removal under section 251(b)(3) of the INA or under the Convention Against Torture before the Immigration Court.

 

II.   Basis of Eligibility

 

A.  Asylum

To qualify for asylum, you must establish that you are a refugee who is unable or unwilling to return to your country of nationality, or last habitual residence if you have no nationality, because of persecution or a well-founded fear of persecution on account of race, religion, nationality, membership in a particular social group, or political opinion. This means that you must establish that race, religion, nationality, membership in a particular social group, or political opinion was or will be at least one central reason for your persecution or why you fear persecution. See section 208 of the INA and 8 CFR section 208 and 1208.

 

If you are granted asylum, you and any eligible spouse or child included in your application can remain and work in the United States and may eventually adjust to lawful permanent resident status. If you are not granted asylum, the Department of Homeland Security (DHS) may use the information you provide in your application to establish that you are removable from the United States.

 

B.  Withholding of Removal

 

Your asylum application is also considered to be an application for withholding of removal under section 241(b)(3) of the INA, as amended. It may also be considered an application for withholding of removal under the Convention Against Torture if you checked the box at the top of Page 1 of the form, or if the evidence you present indicates that you may be tortured in the

country of removal. See 8 CFR sections 208.13(c)(1) and 1208.13(c)(1). If asylum is not granted, you may still be eligible for withholding of removal.

 

Regardless of the basis for the withholding application, you will not be eligible for withholding if you:

1.  Assisted Nazi persecution or engaged in genocide;

2.  Have persecuted another person;

3.  Have been convicted by a final judgment of a particularly serious crime, which includes convictions for aggravated felonies, and therefore represent a danger to the community of the United States;

4.  Are considered for serious reasons to have committed a serious non-political crime outside the United States; or

5.  Represent a danger to the security of the United States. See section 241(b)(3) of the INA, 8 CFE sections 208.16, and 1208.16.

 

Withholding of Removal Under Section 241(b)(3) of the INA

 

To qualify for withholding of removal under section 214(b)(3) of the INA, you must establish that it is more likely than not that your life or freedom would be threatened on account of race, religion, nationality, membership in a particular social group, or political opinion in the proposed country of removal.

 

If you obtain an order withholding your removal, you cannot be removed to the country where your life or freedom would be threatened. However, you may be removed to a third county where your life or freedom would not be threatened. Withholding of removal does not adhere derivatively to any spouse or child included in the application; they would have to apply for such protection on their own.

 

If you are granted withholding of removal, this would not give you the right to bring your relatives to the United States. It also would not give you the right to apply for lawful permanent resident status in the United States.

 

Withholding of Removal Under the Convention Against Torture

 

The Convention Against Torture refers to the United Nations Convention Against Torture and Other Cruel, Inhuman, or Degrading Treatment or Punishment.

 

To be granted withholding of removal to a country under Article 3 of the Convention Against Torture, as implemented in U.S. law, you must show that it is more likely than not that you would be tortured in that country.

“Torture” is defined at 8 CFR sections 208.18(a) and 1208.18(a), which incorporate the definitions in Article 1 of the Convention Against Torture as implemented in U.S. law. For an act to be considered torture, it must be an extreme form of cruel and inhuman treatment, it must cause severe physical or mental pain and suffering, and it must be specifically intended to cause severe pain and suffering.

 

Torture is an act inflicted for such purposes as obtaining from the victim or a third person information or a confession, punishing the victim for an act that he or she or a third person committed or is suspected of having committed, intimidating or coercing the victim or a third person, or for any reason based on discrimination of any kind.

 

Torture must be inflicted by or at the instigation of, or with the consent or acquiescence of, a public official or other person acting in an official capacity. The victim must be in the custody or physical control of the torturer. Torture does not include pain or suffering that arises only from, is inherent in, or is incidental to lawful sanction, although such actions may not defeat the objective and purpose of the Convention Against Torture.

 

Form I-589 will be considered an application for withholding of removal under the Convention Against Torture if you tell the immigration judge that you would like to be considered for withholding of removal under the Convention Against Torture, or if it is determined that evidence indicates that you may be tortured in the country of removal.

 

To apply for withholding of removal under the Convention Against Torture, you must check the box at the top of Page 1 of the application and fully complete form I-589.

 

You must include a detailed explanation of why you fear torture in response to Part B, Question 4 of the application. In your response, you must write about any mistreatment you experienced or any threats made against you by a government or somebody connected to a government.

 

Only immigration judges and the Board of Immigration Appeals may grant withholding or removal or deferral of removal under the Convention Against Torture. If you have applied for asylum, the immigration judge will first determine whether you are eligible for asylum under section 208 of the INA and for withholding of removal under section 241(b)(3) of the INA. If you are not eligible for either asylum under section 208 of the INA or withholding of removal under section 241(b)(3) of the INA, the immigration judge will determine whether the Convention Against Torture prohibits your removal to a country where you fear torture.

 

As implemented in U.S. law, Article 3 of the convention Against Torture prohibits the United States from removing you to a country in which it is more likely than not that you would be

subject to torture. However, the Convention Against Torture does not prohibit the United States from returning you to any other country where you would not be tortured. This means that you may be removed to a third country where you would not be tortured. Withholding of removal under the Convention Against Torture does not allow you to adjust to lawful permanent resident status or to petition to being family members to come to, or remain in the United States.

 

C.   Deferral of Removal Under the Convention Against Torture

 

If it is more likely than not that you will be tortured in a country but you are ineligible for withholding of removal, your removal will be deferred under 8 CFR section 208.17(a) and 1208.17(a). Deferral of removal does not confer any lawful or permanent immigration status in the United States and does not necessarily result in release from detention. Deferral of removal is effective only until it is terminated. Deferral of removal is subject to review and termination if it is determined that it is no longer more likely than not that you would be tortured in the country to which your removal is deferred or if you request that your deferral be terminated.

 

D.   Legal Sources and Guidance Relating to Eligibility

 

The documents listed below are some of the legal sources and guidance relating to asylum, withholding or removal under section 241(b)(3) of the INA, and withholding of removal or deferral of removal under the Convention Against Torture. These sources are provided for reference only. You do not need to refer to them in order to complete your application.

1.  Section 101(a)(42) of the INA, 8 U.S.C. 1101(a)(42) (defining “refugee”);

2.  Section 208 of the INA, 8 U.S.C. 1158 (regarding eligibility for asylum);

3.  Section 241(b)(3) of the INA, 8 U.S.C. 1231(b)(3) (regarding eligibility for withholding of removal);

4.  Title 8 of the CFR sections 103.2, 208, and 1208;

5.  Article 3 of the Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment as implemented by section 2242(b) or the foreign Affairs Reform and Restructuring Act of 1998 and 8 CFR section 208, as amended by the regulations concerning the Convention Against Torture: Interim Rule, 64 FR 8478-8492 (February 19, 1999) (effective

March 22, 1999); 64 FR 13881 (March 23, 1999);

6.  The 1967 United Nations Protocol relating to the Status of Refugees;

7.  The 1951 Convention relating to the Status of Refugees; and

8.  The office of the United Nations High Commissioner for refugees, Handbook on Procedures and Criteria for determining Refugee Status (Geneva, 1992).

 

III.   Confidentiality

 

The information collected will be used to make a determination on your application. It may also

be provided to other government agencies (federal, state, local, and/or foreign) for purposes of investigation or legal action on criminal and/or civil matters and for issues arising from the adjudication of benefits. However, no information indicating that you have applied for asylum will be provided to any government or country from which you claim a fear of persecution.

Regulations at 8 CFR sections 208.6 and 1208.6 protect the confidentiality of asylum claims.

 

IV.   Right to Counsel

 

Immigration law concerning asylum and withholding of removal or deferral or removal is complex. You have a right to obtain and provide your own legal representation at an asylum interview and during immigration proceedings before the Immigration Court at no cost to the

U.S. government.

 

If you need or would like help to complete your I-589 Form and to prepare your written statements, assistance from pro bono (free) attorneys and/or voluntary agencies may be available. Voluntary agencies may help you for no fee or for a reduced fee, and some attorneys may take your case for no fee.

 

Representatives of the United Nations High Commissioner for Refugees (UNHCR) may also be able to assist you in identifying persons to help you complete the application.

 

V.   Completing the Form

 

You must type or print all of your answers in black ink on Form I-589. Your answers must be completed in English. Forms completed in a language other than English will be returned to you. You must provide the specific information requested about you and your family and answer all the questions asked.

 

If any question does not apply to you or you do not know the information requested, answer “none”, “not applicable”, or “unknown”.

 

You must provide detailed information and answer the questions as completely as possible. If you file your application with missing information, it may be returned to you as incomplete. If you need more space, attach Form I-589, Supplement A or B (included in the application package) and/or additional sheet(s) indicating the question number(s) you are answering.

 

You are strongly urged to attach additional written statements and documents that support your claim. Your written statements should include events, dates, and details of your experiences that relate to your claim for asylum.

Put your Alien Registration Number (A-Number) (if any), name (exactly as it appears in Part A.1. of the form), signature, and date on each supplemental sheet and on the cover page of any supporting documents.

 

You may amend or supplement your application before or at the time of your asylum interview with an asylum officer and at your hearing in Immigration Court by providing additional information and explanations about your asylum claim. For asylum applications filed with USCIS, submit any documentary evidence at least 14 calendar days before your interview with an asylum officer. Extensions to submit additional evidence may be granted by USCIS on a discretionary basis. Any such extension will be treated as an applicant-caused delay in the adjudication of your asylum application. Any applicant-caused delay will result in denial of your application if the delay is unresolved at the time you file for employment authorization. See 8 CFR section 208.7.

 

Part A.I. Information About You

 

This part asks for basic information about you. Alien Registration Number (A-Number) refers to your USCIS file number. If you do not already have an A-Number, USCIS will assign one to you.

 

You must provide your residential street address (the address where you physically live) in the United states in Part A.I., Question 8, of the asylum application. You must provide a mailing address, if different from the address where you reside, in Question 9. If someone else is collecting your mail for you at your mailing address, you may enter that person’s name in the “In Care Of” field in your response to Question 9. If your mailing address is a post office box, include that address in Question 9 and include a residential address where you physically live in Question 8.

 

In Question 13, use the current name of the country. Do not use historical, ethnic, provincial, or other local names.

 

If you entered the country with inspection, the Form I-94 number referred to in Question 19b is the number on Form I-94, Arrival-Departure Record, given to you when you entered the United States. In Question 19c, enter the date and status as it appears on form I-94. If you did not receive Form I-94, write “None”. If you entered without being inspected by an immigration officer, write “No Inspection” in question 19c in the current status or status section.

 

Part A.II. Spouse and Children

 

You must list your spouse and all of your children, including your stepchildren, deceased

children, adopted children, and adult children, in this application, regardless of their age, marital status, whether they are in the United States, or whether or not they are included in this application or are filing a separate asylum application.

 

In addition, you may include in your asylum application your spouse and/or any children who are under 21 years of age and unmarried, if they are in the United States. Children who are married and/or children who are 21 years of age or older must file separately for asylum by submitting their own Form I-589. Including your spouse and/or your children in your asylum application means that if USCIS or EOIR approves your application, your spouse or children will also be approved.

 

On the other hand, if you are not approved for asylum your spouse or children are also not approved.

 

If you apply for asylum while in proceedings before the Immigration Court, the immigration judge may not have authority to grant asylum to any spouse or child included in your application who is not also in proceedings.

 

When including family members in your asylum application, you must submit one additional copy of your complete asylum application and primary documentary evidence establishing your family relationship for each family member, as described below:

1.  If you are including your spouse in your application, submit three copies of your marriage certificate and three copies of proof of termination of any prior marriages.

2.  If you are including any unmarried children under 21 years of age in your application, submit three copies of each child’s birth certificate.

 

If you do not have and are unable to obtain these documents, you must submit secondary evidence. Secondary evidence includes but is not limited to medical records, religious records, and school records. You may also submit an affidavit from at least one person for each event you are trying to prove. Affidavits may be provided by relatives or others. Persons providing affidavits need not be U.S. citizens or lawful permanent residents.

 

Affidavits must:

1.  Fully describe the circumstances or events(s) in question and fully explain how the person acquired knowledge of the event(s).

2.  Be sworn to or affirmed by persons who were alive at the time of the event(s) and have personal knowledge of the events(s) that you are trying to prove; and

3.  Show the full name, address, and date and place of birth of each person giving the affidavit and indicate any relationship between you and the person giving the affidavit.

If you submit secondary evidence or affidavits, you must explain why primary evidence is unavailable. You may explain the reasons primary evidence is unavailable using Form I-589, Supplement B or additional sheets of paper. Attach this explanation to your secondary evidence or affidavits.

 

If you have more than four children, complete Form I-589, supplement A for each additional child or attach additional pages and documentation providing the same information asked in Part

A.II. of Form I-589.

 

Part A.III. Information About Your Background

 

Answer Questions 1-5, providing details as requested for each question. Your responses to the questions concerning the places you have lived, your education, and your employment history must be in reverse chronological order starting with your current residence, education, and employment and working back in time.

 

Part B. Information about Your Application

 

This part asks specific questions relevant to eligibility for asylum, for withholding of removal under section 241(b)(3) of the INA, or for withholding of removal under the Convention Against Torture. For Question 1, check the box(es) next to the reasons(s) that you are completing this application. For all other questions, check “Yes” or “No” in the box provided.

 

If you answer “Yes” to any question, explain in detail using Form I-589, Supplement B or additional sheets of paper as needed.

 

You must clearly describe any of your experiences, or those of family members or others who have had similar experiences that my show that you are a refugee.

 

If you have experienced harm that is difficult for you to write down and express, you must be aware that these experiences may be very important to the decision-making process regarding your request to remain in the United States. At your interview with an asylum officer or hearing with an immigration judge, you will need to be prepared to discuss the harm you have suffered. If you have trouble remembering or talking about past events, you should talk to a lawyer, an accredited representative, or a health professional who may be able to help you explain your experiences and current situation.

 

Part C. Additional Information About Your Application

 

Check “Yes” or “No” in the box provided for each question. If you answer “Yes’ to any

question, explain in detail using Form I-589, Supplement B or additional sheets of paper as needed.

 

If you answer “Yes” to Question 5, you must explain why you did not apply for asylum within the first year after you arrived in the United States. The Government may accept as an explanation certain changes in the conditions in your country, certain changes in your own circumstances, and certain other events that may have prevented you from applying earlier.

 

Some of the events that the government might consider as valid explanations include but are not limited to the following:

1.  You have learned that human rights conditions in your country have worsened since you left;

2.  Because of your health, you were not able to submit this application within 1 year after you arrived;

3.  You previously submitted an application, but it was returned to you because it was not complete, and you submitted a complete application within a reasonable amount of time.

 

Federal regulations specify some of the other types of events that may also qualify as valid explanations for why you filed late. These regulations are found at 8 CFR, sections 208.4 and 1208.4. The list in the regulations is not all-inclusive, and the Government recognizes that there are many other circumstances that might be acceptable reasons for filing more than 1 year after arrival.

 

If you are unable to explain why you did not apply for asylum within the first year after you arrived in the United States or your explanation is not accepted by the Government, you may not be eligible to apply for asylum but you may still be considered for withholding of removal under INA section 241(b)(3), or for protection from removal under the Convention Against Torture.

 

 

Part D. Your Signature

 

You must sign your application in Part D and respond to the questions concerning any assistance you received to complete your application, providing the information requested. Sign after you have completed and reviewed the application.

 

If it is determined that you have knowingly made a frivolous application for asylum, you will be permanently ineligible for any benefits under the INA. See section 208(d)(6) of the INA.

 

According to regulations at 8 CFR sections 208.20 and 1208.20, an application is frivolous if any of its material elements is deliberately fabricated. You may not avoid a frivolous finding simply because someone advised or told you to provide false information on your asylum application.

Part E. Signature of Person Preparing Form, If Other Than You

 

All statements in response to questions contained in your application are declared to be true and correct under penalty of perjury. You and anyone, other than an immediate family member, who assists you in preparing the application must sign the application under penalty of perjury. Your signature is evidence that you are aware of the contents of the application. Any person assisting you in preparing the form, other than an immediate family member, must include his or her name, address, and telephone number and sign the application where indicated in Part E.

 

Failure of the preparer to sign will result in the application being returned to you as an incomplete application.

 

If USCIS or EOIS later learns that you received assistance from someone other than an immediate family member and the person who assisted you willfully failed to sign the application, this may result in an adverse ruling against you.

 

Title 18, United States Code (U.S.C.), section 1546(a), provides in part:

Whoever knowingly makes under oath, or as permitted under penalty of perjury under section 1746 of Title 28, 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 shall be fined in accordance with this title or imprisoned not more than 10 years, or both.

 

If aggravating factors exist, the maximum term of imprisonment could reach 25 years.

 

If you knowingly provide false information on your application, you or the preparer of the application may be subject to criminal penalties under Title 18 of the U.S.C. and to civil penalties under section 274C of the INA and 8 U.S.C. 1324c, see 8 CFR sections 270 and 1270.

 

Part F. To Be Completed at Asylum Interview, If Applicable

 

Do not sign your application in Part F before filing your form. You will be asked to sign your application in this space at the conclusion of the interview regarding your claim. You must, however, sign Part D of the application.

 

Part G. to Be Completed at Removal Hearing, If Applicable

 

Do not sign your application in Part G before filing your form. You will be asked to sign your

application in this space at the hearing before the immigration judge. You must, however, sign Part D of the application.

 

You are reminded again, that, if it is determined that you have knowingly made a frivolous application for asylum, you may be permanently ineligible for any benefits under the INA. See section 208(d)(6) of the INA.

 

According to regulations at 8 CFR sections 208.20 and 1208.20, an application is frivolous if any of its material elements is deliberately fabricated. Remember that you may not avoid a frivolous finding simply because someone advised or told you to provide false information on your asylum application.

 

VI.   Required Documents and Required Number of Copies That You Must Submit with Your Application

 

You must submit the following documents to apply for asylum and withholding of removal:

1.  The completed, signed original and one copy of your complete application, Form I-589, and the original and one copy of any supplementary sheets and supplementary statements. If you choose to submit additional supporting material, see Section VII, Additional Evidence That You Should Submit, in Part I of these instructions. You must include two copies of each document. You should make and keep an additional copy of the completed application for your own records.

2.  An additional copy of your complete application, Form I-589, with supplementary statements, for each family member listed in Part A.II. that you are including in your application.

3.  Two copies of primary or secondary evidence of relationship, such as birth or school records of your children, marriage certificate, or proof of termination of marriage, for each family member listed in Part A.II. that you are including in your application. If you submit an affidavit, you must submit the original and one copy.

4.  One passport-style photograph of yourself and of each family member listed in Part A.II. that you are including in your application. The photos must have been taken no more than 30 days before you file your application. Using a pencil, print the person’s complete name and A- Number (if any) on the back of each photograph.

5.  Two copies of all passports or other travel documents (cover to cover) in your possession and two copies of any U.S. immigration documents, such as a Form I-94, Arrival-Departure Record, for you and each family member included in your application, if you have such documents. Do not submit original passports or travel documents unless specifically requested.

6.  If you have other identification documents, such as birth certificates, military or national identification cards, or driver’s licenses, you should submit two copies with your application and bring the originals with you to your interview. If you submit original documents, USCIS or the Immigration Court may keep the original document for its records.

Translations. Any document submitted to USCIS in a foreign language must be accompanied by a full English language translation that the translator has certified as complete and accurate, and by the translator’s certification that he or she is competent to translate from the foreign language into English.

 

VII.  Additional Evidence That You Must Submit

 

You must submit reasonably available corroborative evidence showing (1) the general conditions in the country from which you are seeking asylum, and (2) the specific facts on which you are relying to support your claim.

 

If evidence supporting your claim is not reasonably available or you are not providing such corroboration at this time, you must explain why, using Form I-589, supplement B or additional sheets of paper.

 

Supporting evidence may include but is not limited to newspaper articles, affidavits of witnesses or experts, medical and/or psychological records, doctors’ statements, periodicals, journals, books, photographs, official documents, or personal statements or live testimony from witnesses or experts.

 

If you have difficulty discussing harm that you have suffered in the past, you may wish to submit a health professional’s report explaining this difficulty.

 

VII. Fee

 

There is no fee for filing this application.

 

IX.   Biometrics, Including fingerprints and Photographs

 

1.  Biometric Service Appointment. Applicants for asylum are subject to a biometrics check of all appropriate records and other information databases maintained by the DHS, the Department of Justice, and the Department of State. You will be required to appear for a biometric services appointment to submit biometrics (fingerprints, photograph, and/or signature), so that USCIS can verify your identity, and conduct background and security checks, including a check of criminal history records maintained by the Federal Bureau of Investigation (FBI), before making a decision on your application.

 

You and your spouse and children will be given instructions on how to complete this requirement. You will be notified in writing of the time and location of the Application Support

Center (ASC) where you must go to be fingerprinted and photographed.

2.  Arrests and Convictions. Aliens who have been convicted of a particularly serious crime are not eligible for asylum. For applications filed on or after April 1, 1997, the conviction may have occurred either inside or outside of the United States. If you have been arrested in the United States, you must submit a certified copy of all arrest reports, court dispositions, sentencing documents, and any other relevant documents.

3.  Failure to Appear for Scheduled Appointment. An unexcused failure to appear for a scheduled appointment or to provide your required biometrics, including fingerprints and photograph, or to provide other biographical information within the time allowed, may delay and/or result in an asylum officer dismissing your asylum application or referring it to an immigration judge. An unexcused failure to appear for an interview or for your biometric services appointment may also delay or result in denial of any application for employment authorization based on your pending application for asylum. For applicants before an immigration judge, such failure without good cause may constitute an abandonment of your asylum application and result in the denial of employment authorization. See 8 CFR section 208.7(a)(1)(v) and 1003.47(d).

 

At the time you file your Form I-589, you must submit photographs as specified in Section VI. Required Documents and Number of Copies That You Must Submit With Your Application, in Part 1 of these instructions.

 

X.   Organizing Your Application

 

Organize your application together in the following order, forming one complete package (if possible, secure with binder clips and rubber bands so that material may be easily separated):

1.  Your original Form I-589, with all questions completed, and the application signed by you in Part D and signed by any preparer in Part E; and

2.  One passport-style photograph of you stapled to the form at Part D.

 

Behind your original Form I-589, attach in the following order:

1.  One Form G-28, Notice of Entry of Appearance as Attorney or Accredited Representative, signed by you and the attorney or representative, if you are represented by an attorney or representative;

2.  The originals of all supplementary sheets and supplementary statements submitted with your application;

3.  One copy of any additional supporting documentation;

4.  One copy of the evidence of your relationship to your spouse and unmarried children under 21 years of age that you are including in your application, if any; and

5.  One copy of the items listed above in your original package, except your photograph.

If you are including family members in our application, attach one additional package for each family member. Arrange each family member’s package as follows:

1.  One copy of your completed, sign Form I-589 and supplementary sheets submitted with the original application. In Part A.II., staple in the upper right corner one passport-style photo of the family member to be included; and

2.  One copy of form G-28, if any.

 

Any additional pages submitted should include your printed name (exactly as it appears in Part A.I. of the form), A-Number (if any), signature and date.

 

XI.   Incomplete Asylum Applications

 

USCIS will issue a receipt notice for an asylum application properly filed under 8 CFR section

103. If USCIS rejects your application, it will be returned with a rejection notice explaining the reasons for rejection. You may correct the deficiencies and refile your application.

 

The filing and acceptance by USCIS of a complete application starts the 365 calendar-day period you must wait before you may apply for employment authorization. If your application is not complete and is returned to you, the 365 calendar-day period will not begin until you resubmit, and USCIS accepts, a properly-filed application. See Section V. Employment Authorization While Your Application Is Pending, Part 2 of these instructions for further information regarding eligibility for employment authorization.

 

XII.  Where to file?

 

Although USCIS will confirm in writing its receipt of your application, you may wish to send the completed forms by registered mail (return receipt requested) for your own records.

 

If you are currently in proceedings in Immigration Court, you are required to file your Form I- 589 with the Immigration Court having jurisdiction over your case.

 

At the master calendar hearing, counsel for DHS will provide you with instructions for providing biometric and biographical information to USCIS that you must follow.

 

In addition to filing your form I-589 with the Immigration Court and serving a copy of the appropriate U.S. Immigration and Customs Enforcement (ICE) Office of Principal Legal Advisor, you must also complete the following requirements before the immigration judge can grant relief or protection in your case.

 

Send the following three items to the USCIS Nebraska Service Center:

1.  A clear copy of the first three pages of your completed Form I-589 that you will be filing or have filed with the Immigration Court, which must include your full name, current residential address, current mailing address, and A-Number. Do not submit any documents other that the first three pages of the completed Form I-589.

2.  A copy of form G-28, Notice of Entry of Appearance as Attorney or Accredited Representative, if you are represented; and

3.  A copy of the instructions provided by counsel for DHS that you received at your fist master calendar hearing in immigration removal proceedings.

 

USCIS Nebraska Service Center

Defensive Asylum Application with Immigration court

P. O. Box 87589 Lincoln, NE 68501-7589

 

There is no filing fee required for Form I-589 applications.

 

After the three items are received at the USCIS Nebraska Service Center, you will receive:

1.  A USCIS receipt notice indication that USCIS received your Form I-589; and

2.  An ASC notice for you and any eligible spouse and children included in your Form I-589 who are also in removal proceedings. Each ASC notice will indicate the individual’s unique receipt number and will provide instructions for each person to appear for an appointment at a nearby ASC for collection of biometrics (such as your photograph, fingerprints, and signature).

 

If you also mail applications for other forms of relief that you are applying for while in removal proceedings, as specified by the instructions provided by counsel for DHS at your master calendar hearing, you will receive two notices with different receipt numbers. You must wait for and take both scheduling notices to your ASC appointment.

 

You (and your eligible spouse and children, regardless of age) must then:

1.  Attend the biometrics appointment at the ASC and obtain a biometrics confirmation document before leaving the ASC; and

2.  Retain your ASC biometrics confirmation as proof that your biometrics were taken and bring it to your future Immigration Court hearings.

 

If the instructions above should change for submitting copies of the first three pages of your asylum application to the USCIS Nebraska Service Center for purposes of receiving the receipt notice and ASC scheduling appointment, you will be provided the changed instructions, either at the master calendar hearing or at another point in the Immigration Court proceedings. Follow the instructions you are provided, or else you may not receive the ASC biometrics scheduling notice in a timely manner.

1.  After completion of exclusion, deportation, or removal proceedings, and in conjunction with a motion to reopen under 8 CFR section 1003, with the Immigration Court having jurisdiction over the prior proceedings, any such motion must reasonably explain the failure to request asylum prior to the completion of the proceedings, or

2.  In proceedings under 8 CFR sections 208.2(c) and 1208.2(c) and after Form I-863, Notice of Referral to Immigration Judge, has been served on you and filed with the Immigration Court, an immigration judge will have exclusive jurisdiction over your case.

 

PART 2. INFORMATION REGARDING POST-FILING REQUIREMENTS

 

I.   Notification Requirements When Your Address Changes

 

If you change your address, you must inform USCIS in writing within 10 days of moving. While your asylum application is pending with the asylum office, you must notify the asylum office of Form AR-11, Alien’s Change of Address Card, or by a signed and dated letter notifying USCIS within 10 after you change your address.

 

The address that you provide on the application, or the last change of address notification that you submitted, will be used by USCIS for mailing. Any notices mailed to that address will constitute adequate service, except that personal service may be required for the following: Form I-122, Notice to Alien Detained for Hearing by an Immigration Judge; Form I-221, Order to Show Cause; Form I-862, Notice to Appear; Form I-863, Notice of Referral to Immigration Judge; and Form I-860, Notice and Order of Expedited Removal.

 

If you are already in proceedings in Immigration Court, you must notify the Immigration Court on EOIR Form 33/IC, Alien’s Change of Address Form/Immigration Court, of any changes of address within 5 days of the change in address. You must send the notification to the Immigration Court having jurisdiction over your case. You must also notify USCIS of Form AR- 11, Alien’s Change of Address Card, or by a signed and dated letter within 10 days after you change your address.

 

II.   Asylum Interview Process

 

If you are not in proceedings in Immigration Court, you will be notified by the USCIS Asylum Office of the time, date, and place (address) of a scheduled interview.

 

USCIS recommends that you bring a copy of your Form I-589 with you when you have your asylum interview. An asylum officer will interview you under oath and make a determination

concerning your claim. In most cases, you will not be notified of the decision in your case until after your interview.

 

You have the right to legal representation at your interview, at no cost to the U.S. Government. See Section IV, Right to Counsel. You also may bring witnesses with you to the interview to testify on your behalf.

 

If you are unable to proceed with the asylum interview in fluent English, you must provide, at no expense to USCIS, a competent interpreter fluent in both English and a language that you speak fluently.

 

Your interpreter must be at least 18 years of age. The following persons cannot serve as your interpreter: your attorney or representative of record, a witness testifying on your behalf at the interview, or a representative or employee of your country. Quality interpretation may be crucial to your claim. This assistance must be obtained at your expense prior to the interview.

 

Failure without good cause to bring a competent interpreter to your interview may be considered an unexcused failure to appear for the interview. Any unexcused failure to appear for an interview may prevent you from receiving employment authorization, and your asylum application may be dismissed or referred directly to the Immigration Court.

 

If you are deaf, or if you are hard of hearing and need a sign language interpreter in your language, one will be provided for you. Contact the Asylum Office with jurisdiction over your case as soon as you receive a notice for your asylum interview to notify the office that you will need a sign language interpreter in your language so that accommodations can be made in advance.

 

If available, you must bring some form of identification to your interview, including any passport(s), other travel or identification documents, or Form I-94, Arrival-Departure Record. You may bring to the interview any additional available items documenting your claim that you have not already submitted with your application. All documents must be submitted in triplicate.

 

If members of your family included in your application for asylum, they must also appear for the interview and bring any identity or travel documents that have in their possession.

 

III.   Status While Your Application Is Pending

 

While your case is pending, you will be permitted to remain in the United States. After your asylum interview, if you have not been granted asylum and appear to be removable under section 237 of the INA, 8 U.S.C. 1227, or inadmissible under section 212 of the INA, 8 U.S.C. 1182, the

asylum office will refer your application, together with the appropriate charging document, to the Immigration Court for adjudication in removal proceedings.

 

IV.   Travel Outside the United States

 

If you leave the United States without first obtaining advance parole from USCIS using Form I- 131, Application for a Travel Document, USCIS will presume that you have abandoned your asylum application. If you obtain advance parole and return to the country of claimed persecution, USCIS will presume that you abandoned your asylum application, unless you can show that there were compelling reasons for your return.

 

V.   Employment Authorization While Your Asylum Application Is Pending

 

Simply filing an application for asylum does not entitle you to employment authorization or to work in the United States. You must wait to apply for employment authorization until your asylum application has been pending with USCIS or the Immigration Court for 365 calendar days. If 365 calendar days have elapsed since you properly filed your asylum application and USCIS or the Immigration Court accepted it, and your asylum application remains pending, you may request employment authorization by filing Form I-765, Application for Employment Authorization. See 8 CFR section 208.7(a).

 

You cannot apply for employment authorization if USCIS or the Immigration Court denies your Form I-589 before the expiration of the 365 calendar-day period. If your asylum application is still pending with USCIS or the Immigration Court after 365 calendar-days, you may apply for employment authorization.

 

If you cause a delay in the processing of your asylum application that is unresolved when your application for employment authorization is adjudicated, USCIS will deny your application for employment authorization.

 

Examples of applicant-caused delays include, but are not limited to:

1.  A request to amend or supplement an asylum application that causes a delay in its adjudication or in proceedings as described in section 208.4(c);

               2.  Failure to appear to receive and acknowledge receipt of the decision as specified in section 208.9(d);

               3.  A request for extension to submit additional evidence fewer than 14 days before the interview date as permitted                              by section 208.9(e);

              4.  Failure to appear for an asylum interview or biometric services appointment, unless excused by USCIS as                                        described in 208.10(b)(1) for the failure to appear;

5.  A request to reschedule an interview for a later date;

6.  A request to transfer a case to a new asylum office or interview location, including when the transfer is based on new address;

7.  A request to provide additional evidence after interview;

8.  Failure to provide a competent interpreter at interview; and

9.  Failure to comply with any other request needed to determine asylum eligibility.

 

For more information on employment authorization documents, see the instructions for Form I- 765. Each family member whom you have asked to be included in your asylum application and who also wants an employment authorization document must submit his or her own Form I-765.

 

VI.   Employment Authorization When Your Asylum Application Is Approved

 

Aliens granted asylum (asylees) are authorized to work in the United States and are not required to apply for an employment authorization document; however, you may request an EAS under 8 CFR section 274(a)(5) if you want to have evidence of your employment authorization.

 

DHS Privacy Notice

 

Authorities: The information requested on your application, and the associated evidence, is collected under the Immigration and Nationality Act sections 103, 208, and 241(b)(3), and 8 CFR sections 103, 208, and 1208.

 

Purpose: The primary purpose for providing the requested information on your application is to determine eligibility for asylum in the United States, and for withholding of removal. The information may also be used to apply for deferral of removal under the Convention Against Torture.

 

Disclosure: The information you provide is voluntary. However, failure to provide the requested information, and any requested evidence, may delay a final decision or result in the denial of your benefit request.

 

Penalties

 

If you knowingly and willfully falsify or conceal a material fact or submit a false document with Form I-589, USCIS will deny your Form I-589 and may deny any other immigration benefit.

 

In addition, you will face severe penalties provided by law and may be subject to criminal prosecution. For specific information, see Part E in Part 1., Section V. of these instructions.