What is the purpose of this form?
Use this form to apply for asylum in the United States and for withholding of removal (formerly called “withholding of deportation”). You may file for asylum if you are physically in the United States and you are not a U.S. citizen.
NOTE: If you fail to file Form I-589 within one year of your arrival in the United States, you may not be eligible to apply for asylum under section 208(a)(2)(B) of the Immigration and Nationality Act (INA).
If you are in the United States, you may apply for asylum regardless of your country of nationality or current immigration status if you were persecuted or have a fear that you will be persecuted because of your race, nationality, religion, membership in a particular social group, or political opinion.
Eligibility
To be considered for asylum within the United States, you must:
- Be physically present in the United States (it doesn’t matter how you arrived) for less than one year from the date of your last arrival unless you can show that you qualify for an exception to this requirement; and
- Demonstrate that you were persecuted or that you are afraid you might be persecuted because of your race, religion, nationality, political opinion or membership in a particular social group.
You can include your spouse and unmarried children under 21 years old on your application. You can do this when you file your application or at any time before we make a final decision on your case.
If you are not eligible for asylum, you might be eligible for “withholding of removal,” which prevents the U.S. government from sending you to your home country during the time that your life or freedom may be threatened. You can ask for withholding of removal even if more than one year has passed since your last date of arrival to the United States. However, only the Department of Justice’s immigration court can grant withholding of removal, and it does not include family members. For more information, please visit our Asylum and Obtaining Asylum in the United States pages.
How to File
You must:
- Read the instructions for Form I-589, Application for Asylum and Withholding of Removal;
- Complete and sign your Form I-589, and
- Provide all required evidence and supporting documentation.
If you are in removal proceedings, you may apply with an immigration judge from the Executive Office for Immigration Review (EOIR).
After You File
You will receive a:
- Receipt notice confirming we received your application;
- Biometric services notice, if applicable;
- Notice to appear for an interview; and
- Notice of our decision.
Contact Us
If you have any concerns, feel free to send us a message. We’ll get in touch with you shortly.