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

Form I-589 is a foundational legal document for immigration lawyers representing asylum seekers in the United States. The U.S. Citizenship and Immigration Services Application for Asylum and Withholding of Removal, or form I-589, becomes the anchor of your client’s asylum case. It’s referenced in all future interviews and proceedings. This makes it important that immigration law firms take time to correctly and accurately complete, then file, their clients’ I-589 forms. 

In this guide, you’ll learn the purpose of form I-589, how asylum officers use the information in the form, plus get a step-by-step guide to filing and what happens next for your clients. 

What is form I-589?

Form I-589 is the U.S. Citizenship and Immigration Services (“USCIS”)’s application for Asylum and for Withholding of Removal. The purpose is to ask the American government to grant your client either asylum status or a withholding of removal.

• Asylum status: This status requires that your client be in the U.S. without citizenship because they were persecuted or fear persecution based on their race, religion, nationality, social group, political opinion, or some combination of those traits. People granted asylum have the right to stay in the U.S., request the right to work, apply for permanent residence (a “Green Card”), and petition to bring their families to the country with them. 
• Withholding of Removal: This is also a status for non-citizens in the U.S. who fear persecution based on the traits we outlined above. Winning this status means the government won’t send the person back to their previous country, but if another, safe country is willing to provide asylum, the government can deport them there. Withholding status means your client can request the right to work, but can’t apply for a Green Card or try to bring family into the country.  

In extreme  cases, a client may apply for Withholding of Removal Under the Convention Against Torture, often abbreviated as just “CAT.” The rights of this status are the same as Withholding of Removal, but the person must prove that they will be tortured in their home country—not just persecuted. 

Who is eligible to file form I-589?

Before you begin, first check that your client is eligible to file this form. Your client should:

• Not be a U.S. citizen,
• Be present physically in the United States
• Never have been issued an Alien Registration Number (or A-Number). The exception to this is a client who has an A-Number, but isn’t in current Executive Office for Immigration Review proceedings. If  your client is in removal proceedings, you can only use this form if they were determined to be an unaccompanied alien child in Executive Office of Immigration Review.

How Asylum officers and judges use form I-589

After you file your client’s application for asylum and for withholding of removal, the government will schedule an interview between your client and an asylum officer. The asylum interview is often your client’s first opportunity to present their full case for asylum. Here are a few things to keep in mind:

1. Asylum officers are all different: Officers have a bit of freedom in how they conduct asylum interviews, so be prepared for different styles. Some asylum officers will be more stately and gruff while others might be more informal and personable. 
2. Be prepared to answer questions that aren’t on the I-589: Officers don’t receive the I-589 until the day of the interview. They might not look very closely at the form and simply ask the questions they know their supervisors will ask them. Other officers might start with form questions and then ask additional, clarifying questions that aren’t on the form. 
3. Be consistent: Take care to be very consistent with every testimony, including answers submitted on the I-589, answers given to immigration officers, and any answers given during the asylum interview. Any inconsistency could trigger a denial of the case. 

When to file form I-589

Asylum seekers have one year to file an I-589 from the date they most recently entered the U.S. You can ask for an exception to this rule if you can prove extraordinary circumstances delayed the application. If more than a year has passed, they can still apply for Withholding of Removal.

While it’s important to file within one year, it’s also important to file a complete and accurate application. Weigh the time your client has been in the U.S. against the predicted complexity of their case to determine the right timeline. Applications are processed as they are filed, so the sooner you file, the sooner your client starts their asylum status journey. 

Once you file the I-589, here’s what you can expect next for your client:

• Processing takes about 30 days, but all asylum offices are currently backlogged. Let your client know it could be several weeks before they hear from the government.
• Your client will receive a receipt notice from USCIS. Keep this receipt as it serves as the filing date to prove you made the one-year deadline. 
• Your client will receive notice of an Application Support Center appointment to provide biometrics. The Department of Homeland Security inputs these into databases to do background and identity checks on asylum seekers.
• Your client will be informed of the date, time, and location of their asylum interview. These take place at one of the asylum offices located in major U.S. cities. 
• For some clients, the interview is the last step. Others might be referred to immigration court to present more evidence or answer additional questions. 

What information you need to complete form I-589

Build the most complete and compelling case for your client by collecting this vital information:

Personal and background information: This includes their full names, current and previous addresses, employment history, passport details, and group membership.

Details about persecution, fear, or torture: This is the core of your client’s case, so work with them to understand their experiences in their previous country. 

You can also submit a declaration with your I-589 form that presents a narrative of your client’s story in their own words. Declarations are common with asylum applications because of the need to prove persecution. As with all parts of the I-589, just be sure that the details in the declaration match all other statements from your client. 

It can be helpful to ask your client to construct a chronological timeline of their major life events and any time they were harmed. This can help applicants recount exact details in their written and verbal statements. 

Family information: Form I-589 asks for personal information about the applicant’s spouse, children, parents, and siblings. 

Travel history: Find out about all travel outside of their home country, not just trips to the U.S. 

Prior immigration proceedings: If applicable, gather case numbers and dates for these.

Supporting evidence: USCIS accepts many different types of evidence to prove your client was persecuted or fears persecution. Ask your client for photos of injuries, medical records, law enforcement records, letters from witnesses, news reports, or even human rights organization reports. 

Keep in mind that the entire application for asylum and withholding of removal has to be in English. Hire a professional translator to translate any non-English supporting evidence. USCIS requires the translator to certify that the information is an accurate translation and that they are qualified to translate in that language. The certification also requires the translator’s name, signature, and contact information.

Required documents and supporting evidence for form I-589 

In addition to the completed and signed form I-589, you will need copies of these documents from your client:

• All passports or immigration documents in their possession
• Any other identification documents, like a driver’s license or military ID
• Documents to prove their relationship to the spouse and/or children listed on their I-589, if applicable. For spouses, ask for a marriage license and for children, ask for birth certificates. 

Your client also needs to provide evidence of the conditions in their former country and the specific facts that support their claim of persecution or fear of persecution. These can include the supporting evidence you gathered above. 

How to complete form I-589 (step-by-step overview)

Part A: Information about the applicant, their spouse, and their children. This is where you’ll need your client’s and their family’s current citizenship, race/ethnic/tribal group, and religion. You will  answer questions about their travel and immigration status.

You’ll also need your client’s addresses and employers for the past five years; education history; and their parents’ and siblings’ information. 

Part B: Information about the application. This is the core of your client’s case. The questions in this section tell the government why your client fears going back to their previous country. If your client prepared a declaration, indicate in this section, “Please see declaration.”

Part C: Additional information about the application. This section asks for details about any of your client’s previous immigration proceedings or applications. If you need more space to offer details, just indicate that the answer is continued on an attached sheet.

Part D: Signature. Don’t forget this section! A blue or black ink signature is required. 

How to file form I-589

How and where to file an I-589 form depends on your client’s case. 

You can file an I-589 online with USCIS if your client has never been given an A-number and has never had unaccompanied alien child status.

You can file by mail with USCIS if your client was given an A-number and has or had unaccompanied alien child status. Filers by mail in Florida, Georgia, Maryland, New Jersey, Pennsylvania, and Texas send form I-589 to USCIS Dallas Lockbox. Every other state sends forms to USCIS Chicago Lockbox. 

If your client is in Executive Office of Immigration Review proceedings, you aren’t able to file form I-589 with USCIS. Instead, contact the Office to find out where to file the form or if other actions are needed.

Review USCIS’ Filing Instructions for the most up-to-date guidance. 

Common mistakes to avoid when filing form I-589

Double-check the spellings of names, streets, cities, and employers. Check that dates on the form match the dates in the declaration and your client’s timeline.

• Don’t leave any required fields on the form I-589 blank. If you need more room to completely and truthfully answer any question, you must supply the information on a supplemental sheet. 
• If you reference any addendums or supporting evidence in the I-589, you have to attach it to the application.
• Only submit one copy of any supporting document or evidence.
• Don’t forget: Your client must sign the form!
• Don’t submit another form I-589 if you already have one pending. This will delay your client’s application.
• If you want to submit additional evidence or documents after you file an I-589, send them to the local asylum office that is processing the case. Don’t send them to the Lockbox. 

How lawyers use form I-589 with document automation

The Application for Asylum and Withholding of Removal is one of the most critical documents in an asylum case, where accuracy, consistency, and supporting evidence matter at every stage. Managing evolving client narratives, multiple drafts, and extensive corroborating documentation can quickly become complex and error-prone.

Clio Draft helps immigration lawyers reduce errors, maintain version control, and keep matter information consistent using structured templates and automated workflows. By generating forms from client data, tracking revisions, and organizing supporting evidence in one place, you can focus on building the strongest possible case.

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Categorized in: U.S. Legal Forms