Understanding Form I-589
- By Fileright
- Last Updated:
Introduction
The U.S. has built a stellar reputation for being a champion of human rights and a supporter of democracy. The U.S. provides asylum to persons physically present in the U.S. who have been persecuted or have a well-founded fear of persecution in their home countries.
This article will cover the eligibility, processing time, and costs of seeking asylum in the U.S. to avoid persecution.
What Is Form I-589?
USCIS Form I-589 (Application for Asylum and Withholding of Removal) is used to apply for asylum in the U.S. and for withholding the removal of the petitioner and their family members from the U.S. (under the Convention Against Torture). It is filed by non-citizens who are physically present in the U.S. at the time of filing the petition.
When Is Form I-589 Filed?
Form I-589 is required to be filed within one year of entering the U.S. A petitioner can include asylum for their spouse and unmarried children who are below the age of 21. In case the child is above 21 or is married, then they would need to file a separate petition.
Who Is Eligible to File Form I-589?
A person may file a petition for asylum if they are not a citizen of the U.S. and have either suffered or fear to suffer persecution based on:
- Race
- Religion
- Nationality
- Membership in a particular social or political group
- Political opinion
What Are The Bars To Eligibility To File Form I-589?
Form I-589 cannot be filed if the petitioner:
- Is in proceedings in immigration court or before the Board of Immigration Appeals
- Is an unaccompanied alien child in removal proceedings
Before applying for the status of asylum take a free eligibility qualification quiz on FileRight.com.
How To Fill Form I-589?
To properly fill out the form you must:
- Be physically present in the U.S.
- Fulfill the eligibility criteria.
- Fill out personal information, details about your spouse and children, background information, grounds for seeking asylum or withholding of removal proceedings, last visit to the country of persecution, etc.
- Provide supporting documentation related to your petition wherever required to increase the probability of acceptance.
You can either fill out the form online or you can send an email to the USCIS lockbox.
What Is The Process Of Grant Of Form I-589?
After submitting your application, you will most likely be called for a USCIS biometrics appointment where your signature, fingerprints, and photographs will be taken. After this, an appointment with an asylum office will be scheduled and a USCIS officer will make the final determination of your application based on your responses.
Sometimes, the officer may refer your case to the Immigration Court where an immigration judge will review your case. If your case is referred you will have to attend hearings and present additional evidence. It is advised that you hire an attorney who has experience in Immigration Law to argue the case and represent you in the Immigration Court.
What Is The Cost of Form I-589?
The USCIS does not charge any fee for processing Form I-589. Further, the biometric fee(s) are also waived for asylum seekers.
What Is The Processing Time Of Form I-589?
In usual cases, your asylum application will be processed within 180 days. However, it can take more time depending on the backlog of the asylum office processing your application.
If your Form I-589 is pending for more than 150 days, you can file an employment authorization application, Form I-765, and after the application for Form I-589 is pending for a total of 180 days you will be eligible to receive an EAD and carry on work in the U.S.
Additionally, within one year of granting asylum, you will be eligible to apply for a green card.
Conclusion
The grant of asylum is a special protection offered by the U.S. to both legal and illegal immigrants to avoid persecution in their home countries and build a life with their families in the U.S. The process of getting asylum status can be tough but it is quite rewarding as you become eligible to be a lawful permanent resident in the future.
You must properly fill out the forms, as the USCIS may reject your application if it has any errors. If you have any questions or require any assistance related to immigration or USCIS Forms, you may contact the licensed immigration experts at FileRight.com.
FAQs
Should I mention only my dependent children while filing out Form I-589?
It is advised to mention all your children, including step-children, deceased children, adopted children, and missing children when filing our asylum application. Even if your married sons or daughters, above 21 are filing separate asylum applications, you should list them as well in your Form I-589.
