Form I-589 — Application for Asylum and Withholding of Removal

Overview

Form I-589 is filed by people who have come to the United States because they face or fear persecution in their home country. Asylum is a form of protection that allows people to remain in the US permanently when they cannot safely return home. To qualify for asylum, an applicant must demonstrate a well-founded fear of persecution based on one of five protected grounds: race, religion, nationality, political opinion, or membership in a particular social group. The particular social group category has been interpreted broadly — common recognized groups include LGBTQ+ individuals in countries where they face persecution and domestic violence victims in certain countries. There are two tracks for asylum: affirmative asylum for people not already in removal proceedings who proactively apply through USCIS, and defensive asylum for people in removal proceedings who raise asylum as a defense before an immigration judge. A well-founded fear has both a subjective and objective component. Subjectively, you must genuinely fear persecution. Objectively, there must be a reasonable possibility — not necessarily a probability — that you would face persecution if returned. Courts have found that a 10% chance of persecution may be enough.

Who needs Form I-589?

People who are in the United States and have suffered persecution or have a well-founded fear of persecution in their home country based on race, religion, nationality, political opinion, or membership in a particular social group.

What does Form I-589 do?

If granted, asylum allows the person to remain in the United States permanently and provides protection against return to the country of persecution. Asylees can apply for a green card one year after being granted asylum.

Key requirements

Common mistakes to avoid

Processing details

For affirmative asylum, USCIS schedules an interview at an Asylum Office. The interview is non-adversarial — the officer evaluates the claim. If found eligible, asylum is granted. If not, the case may be referred to immigration court. For defensive asylum, an immigration judge hears the case as a defense to removal in an adversarial proceeding. A government attorney argues against granting asylum while the applicant presents their case. After filing I-589, the applicant can apply for an EAD after the case has been pending for 150 days. Work authorization becomes available at the 180-day mark for most pending asylum cases.

After you file

After filing I-589, apply for an Employment Authorization Document (Form I-765) once your case has been pending 150 days. Attend all scheduled appointments, interviews, and hearings. Missing any scheduled appointment without good cause can result in your case being dismissed or an order of removal in absentia. Update USCIS and the immigration court with your current address within 5 days of any move — use Form EOIR-33 for immigration court cases and Form AR-11 for USCIS. Do not return to your home country while your asylum case is pending — this creates a strong presumption that you do not have a genuine fear of persecution. One year after being granted asylum, you can apply for permanent residence using Form I-485. After 5 years as a permanent resident, you can apply for naturalization.

Common situations

Political activist fearing government persecution

Someone who publicly opposed their government or participated in opposition activities may face credible persecution if returned. Document political activities, threats or harassment received, harm to family members with similar activities, and country condition reports about treatment of political opponents.

LGBTQ+ individual from a country that criminalizes same-sex relationships

LGBTQ+ individuals from countries where homosexuality is criminalized may qualify for asylum based on membership in a particular social group. Evidence should include country condition documentation, personal evidence of past persecution or harassment, and expert testimony about conditions in your country.

Frequently asked questions

Can I apply for asylum even if I entered the US illegally?

Yes. You can apply for asylum regardless of how you entered the US, including if you crossed the border without authorization. However, you must apply within 1 year of your most recent arrival. People who entered illegally often go through defensive asylum proceedings in immigration court.

What happens at the asylum interview?

The affirmative asylum interview is conducted by an asylum officer at a USCIS Asylum Office. The interview is non-adversarial — the officer is evaluating your claim, not trying to disprove it. Bring all supporting documents, give a detailed account of your experiences, and explain why you fear returning. You can bring an attorney and use an interpreter if needed.

What is the 1-year filing deadline and are there exceptions?

You must apply within 1 year of your most recent US arrival. Two narrow exceptions exist: changed circumstances that materially affect your eligibility, and extraordinary circumstances relating to the delay such as serious illness. These exceptions are interpreted narrowly — do not rely on them if you can file on time.

Can I include my family in my asylum application?

Yes. Your spouse and unmarried children under 21 who are in the US can be included as derivative beneficiaries on your application as long as they are included before asylum is approved.

Official USCIS page for Form I-589

Always download the latest version of the form directly from the official source.

Application for Asylum and Withholding of Removal