Key Points You Should Know When Submitting I589   

 If you are a noncitizen currently resident in the US, you may apply for asylum using Form I589. Individuals who have faced persecution or fear persecution in their home country due to their race, religion, nationality, political views, or membership in a specific social group may receive asylum from the United States Citizenship and Immigration Services (USCIS). The US Citizenship and Immigration Services (USCIS) will honor your request for asylum and allow you to remain in the US and work legally.  

Those requesting asylum must submit Form I-589 within one year of their arrival in the United States. Not submitting this form within one year may prevent you from submitting an asylum claim in compliance with immigration law. Officials from the United States immigration system have the power to deport or jail anybody who has overstayed their visa or entered the country illegally.  

What Are the Eligibility Requirements?   

If a person has experienced persecution in the past or harbors a legitimate fear of persecution in the future due to their race, religion, nationality, membership in a social group, or political beliefs, and they are unable or unwilling to return to their home country, they may apply for asylum. People who are physically or mentally unable to return to their native country might seek refuge via the asylum process. 

How Long Does It Take for I-589 to Be Approved?  

Unless extraordinary circumstances apply, USCIS will typically decide or provide instructions about an asylum claim no later than 180 days from the date of filing. 

What Is My Status While I-589 Is Pending?  

When you apply to change your status using Form I-485 or Form I-589, you are considered to be waiting for either permanent residence or asylum. It may take months—if not years—before you hear back from USCIS about your I-485 or I-589 application after you’ve filed it.  

How Do I Check the Status of My I589?  

To stay updated on the progress of your immigration case, use the online case status tool. The thirteen-digit receipt number that came with your application or petition is what you’ll need. For those contacting from the US, the national customer service center for USCIS may be reached at 1-800-375-5283 or 1-800-767-1833.   

What’s the Difference between Asylum and Withholding of Removal?  

Legislation determines the eligibility for asylum, which is theoretically a discretionary benefit. Some individuals are not eligible for asylum. Some examples of people who cannot apply for asylum include those who have been deported before but have re-entered the country or those who did not do so within the first year after arriving in the US. People who have had their asylum claims rejected sometimes have the option of “withholding of removal.”  

Withholding removal is another kind of protection; nevertheless, the burden of proof is higher for this type of protection compared to asylum. If someone can prove that they would face persecution or torture in their home country, they may be entitled to have their removal proceedings postponed. This individual has the right to remain in the United States and is not subject to deportation to a country where they face threats to their life or freedom. 

What Can I Send With I-589?  

Bring a copy of your passport, any documents issued by US Immigration and Customs Enforcement (such as your I-94 Arrival/Departure Record), and a copy of any other identification documents you may have, like your birth certificate, national identity card, or driver’s license. Be sure to include all these documents with your Form I-589.  

How Much Is the Filing Fee for I589?  

There is a $50 filing fee for Form I-589. This fee cannot be waived by 8 CFR 106.3. If you are a UAC filing with USCIS or are now involved in removal proceedings before an immigration court, you are not required to pay to submit this form to the Immigration Court.   

What Happens If I-589 Is Denied?  

Refusing to grant asylum could result in the asylum seeker’s deportation or removal from the United States. The circumstances may dictate the return of individuals to their home country or their transfer to a third country. 

Final Thoughts  

Make sure the information you provided is valid and that you are submitting your application to the right service center. Failure to do so could result in the rejection of your Form I-589. If you ever get stuck or confused along the way, it’s recommended that you visit an expert, such as a lawyer or a consultant, for assistance.