General discussion on Asylum

What is the purpose of I-589

Used to apply for asylum, withholding of removal and protection under Convention against torture in USA.

•     If you are not US citizen and physically present in USA (illegally or legally)
•     Must submit within 1 year, if more provide circumstances due to which you were unable to file under 1 year deadline.
•     You may include your spouse and unmarried children less than 21 years of age as derivative applicants if they are present in USA. If they are outside USA and you are granted asylum, you may file I-730 Refugee/ Asylee Relative Petition, to gain same benefits.
•     Married or 21 or older children can apply separately but not as derivative.

General discussion on Asylum: If you failed to provide biometrics and other information for which you were asked, your application may be dismissed by asylum officer or may refer to Immigration court for removal proceedings.

Who May Apply?

•     If you are physically present in US
•     MUST submit within 1 year
•     If previously asylum application is denied, you have to show changed circumstances to Immigration Court.
•     Even you are not eligible to apply for asylum, you may apply for withholding of removal and under convention against torture before Immigration Court.
•     UAC, Unaccompanied Alien Child
•     If you are present in, or arriving in the commonwealth of the Northern Mariana Islands, you may NOT apply for asylum, but you can use this form for withholding of removal.

Basic Eligibility for Asylum

• Must show credible fear (Section 208 INA, 8 CFR sections 208 and 1208)
• Physically present in USA
• If you may be still eligible for withholding of removal, if your asylum is not granted.
• Five persons cannot apply for withholding of removal whatever reasons they have
• Involved in Nazi persecution
• Have persecuted any other person
• Have been convicted by the court in final judgment
• Involved in serious nonpolitical crime outside USA
• Threat for the security of USA

•     You have to show that your life may be harmed if you return to your country, for withholding of removal. If you get order of withholding, you will be deported to third country instead of that country.
•     Withholding of removal is not adhering to derivative applicants; they have to apply at their own for these reliefs.
•     Withholding of removal does not provide you facility of family reunion and lawful permanent residency.
•     Convention against torture, only immigration judges or Board of Immigration Appeals may grant withholding of removal under convention against torture.

Part-2 APPLICATION Details

Part AI

•     Personal information
•     Include your address at Q8 and post office address or address of any other person who will receive mails on your behalf at Q9.
•         No inspection if not inspected by immigration officer, for example, entering through border.

Part AII

    Include all children either they are not your derivative in the application

    Primary evidence is missing use Supplement B to explain why?

Part AIII

    Add your background, education, employment and any other information in REVERSE chronological order. Starting with your current status and then back.

Part B

•     Provide complete details of events (what, who and why formula)
•     Use supplement B for further details

Part C

    If Not filed within 1st year (human rights condition in your country, medical grounds, rejected previous application and such other circumstances)

Documents Required

•     Original I-589
•     Supplement sheets (Original)
•     One copy of each Primary and secondary evidences
•     ONE copy of affidavits
•     One copy of passports and travel documents of each person
•     Other identification documents. One copy
•     Translated documents if other than English language

Biometrics

•     Include photographs and fingerprints
•     This is for background checks, and for identity purposes.
•     Failed to provide biometrics means failed asylum claim.

Organizing documents

Behind your completed I-589

•     One G-28 if any
•     Original Supplements
•     One copy Supporting documents
•     Evidence of relationships etc

Application is incomplete if:

•     If not fully addressed.
•     Not signed at part D.
•     Preparer information if other than you.

Post Filing

Notification required when change address

•     If you change address, notify USCIS within 10 days by AR-11 form link is attached https://egov.uscis.gov/coa/displayCOAForm.do
•     If you are in court proceeding, notify within 5 days by using EOIR FORM 33. Link is attached https://www.justice.gov/eoir/form-eoir-33-eoir-immigration-court-listing

Travel Outside USA

    If you travel without advance parole by using Form I-131, your application will be abandoned.

    You cannot travel to country of persecution.

EAD

•     Pending application for 150 days, you may apply for EAD I-765.
•     If not denied by USCIS or Immigration court for 180 days, you may apply for EAD.
•     Each family member will apply separately.

What happens when you submit your application with USCIS

Conclusion

General discussion on Asylum: If you are issued an NTA, the immigration court will send you a Notice of Hearing with information about the date and location of your hearing once your NTA is filed and docketed with EOIR. This notice will be sent to your current address in EOIR’s records. If your address changes, you must file a Form EOIR-33/IC, Alien’s Change of Address Form/Immigration Court, with EOIR within five days of your move.

If you have a hearing scheduled with the immigration court, and you would like to confirm that we have sent your Form I-589 to EOIR, check USCIS Case Status Online (CSOL). If no status is listed, or if CSOL does not state that your Form I-589 has been sent to EOIR, contact the USCIS asylum office with jurisdiction over your Form I-589 in writing or in person to ask us to send your Form I-589 to EOIR.

Note: If you have already filed a Form I-589 with USCIS and received a notification stating that it has been sent to EOIR, you do not need to submit another copy of the form directly to EOIR. USCIS will forward your original filing to EOIR for adjudication.

However, it is advised that you bring a copy of the Form I-589 that you filed with USCIS, as well as any notices that USCIS has sent you regarding your Form I-589, to your immigration court hearings at EOIR. This is important for the court to have access to the relevant documents related to your asylum application.

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