Form I-589 (Application for Asylum and for Withholding of Removal)

What is Form I-589?

Form I-589 is the U.S. asylum application. It is published by USCIS and used by both USCIS (for affirmative asylum) and the Executive Office for Immigration Review (for defensive asylum). The official form, instructions, and current edition are at uscis.gov/i-589.

A single I-589 simultaneously requests three forms of relief:

• Asylum under INA section 208. Permanent protection that leads to lawful permanent resident status one year after grant.
• Withholding of removal under INA section 241(b)(3). A lower-tier protection from removal to a specific country. Does not lead to a green card on its own.
• Convention Against Torture (CAT) protection. Protection from removal to a country where the applicant would more likely than not be tortured. Does not lead to a green card on its own.

Who files Form I-589?

Any noncitizen present in the United States who fears persecution in their home country may file Form I-589. The applicant does not need lawful status to file. Asylum is one of the few immigration benefits available to noncitizens who entered without inspection or who are out of status.

Two procedural postures determine where Form I-589 is filed:

• Affirmative asylum. Filed with USCIS by an applicant not in removal proceedings. USCIS schedules an interview at one of eight regional asylum offices.
• Defensive asylum. Filed with the immigration court (EOIR) by an applicant already in removal proceedings. An immigration judge hears the case at an individual merits hearing.

Filing fee

There is no filing fee for Form I-589. The application itself is free, regardless of whether it is filed with USCIS or EOIR. Asylum is the only major U.S. immigration benefit that has no government filing fee at the application stage.

The one-year filing deadline

Under INA section 208(a)(2)(B), Form I-589 generally must be filed within one year of the applicant's last arrival in the United States. Filing late without an exception bars asylum but does not bar withholding of removal or CAT (which have no time limit).

Two statutory exceptions to the one-year deadline:

• Changed circumstances in the country of nationality or in the applicant's individual situation that materially affect eligibility for asylum.
• Extraordinary circumstances that prevented timely filing, such as serious illness, legal incompetence, ineffective assistance of counsel, having been in lawful status until shortly before filing, or the death or serious illness of a close family member.

For a deeper look at the one-year deadline and how to document an exception, see our cluster guide on the Asylum 1-Year Filing Deadline.

The 180-day work permit clock

Asylum applicants become eligible for an Employment Authorization Document (EAD) once Form I-589 has been pending for 150 days. The EAD can issue once the case has been pending for 180 days. This is the "asylum clock."

The applicant files Form I-765 under category (c)(8). Filing the I-765 is a separate step and is not automatic. As of the most recent USCIS rule, the asylum EAD is valid for 5 years, a substantial improvement over the older 2-year validity.

The asylum clock can be stopped by applicant-caused delays (such as failing to appear for biometrics or for the asylum interview, or asking for case continuances in court). Stops can be reversed but require active intervention.

Derivatives

Form I-589 has space for the principal applicant to include a spouse and unmarried children under 21 as derivatives, if they are physically present in the United States. Each derivative receives the same asylum protection if the principal application is granted.

Family members abroad cannot be added to Form I-589. After asylum is granted, the principal can file Form I-730 (Refugee/Asylee Relative Petition) to bring spouses and children to the United States as follow-to-join derivatives. Form I-730 must be filed within two years of the asylum grant, with exceptions for humanitarian reasons.

Affirmative process

For affirmative cases filed with USCIS, the process typically follows this sequence:

• The applicant mails Form I-589 to the USCIS lockbox or files online where eligible.
• USCIS sends a receipt notice (Form I-797C) within 2 to 8 weeks.
• USCIS schedules biometrics within 4 to 12 weeks.
• USCIS schedules the asylum interview at one of eight asylum offices. Wait times range from 6 months to several years depending on backlog and prioritization.
• An asylum officer conducts the interview, typically lasting 1 to 4 hours.
• USCIS issues a decision usually within 2 weeks to 6 months of the interview, either approving asylum, referring the case to immigration court if not approved (the applicant is not in removal proceedings yet), or denying outright in narrow circumstances.

Defensive process

For defensive cases filed in immigration court, the process is different:

• The applicant files Form I-589 with the immigration court at a master calendar hearing.
• The case is scheduled for an individual merits hearing, typically 1 to 4 years out depending on the court's backlog.
• The applicant prepares a comprehensive evidentiary record: declaration, country conditions, expert testimony, supporting documents.
• The individual hearing is an adversarial proceeding. The immigration judge hears testimony from the applicant, the government attorney from ICE cross-examines, and witnesses testify.
• The judge issues an oral or written decision, granting asylum, granting withholding or CAT but not asylum, or ordering removal.
• Either side can appeal the decision to the Board of Immigration Appeals within 30 days.

After asylum is granted

An approved asylum applicant becomes an "asylee" and may:

• Live and work in the United States indefinitely.
• Travel internationally with a Refugee Travel Document (Form I-131).
• File Form I-730 to bring qualifying spouse and children from abroad.
• Apply for lawful permanent residence (green card) one year after the grant of asylum, by filing Form I-485 under INA section 209(b).
• Apply for U.S. citizenship five years after the grant of asylum, including the year before LPR status.

Frequently asked questions

Go deeper

For deeper analysis of asylum, see our cluster guides on the Asylum 1-Year Filing Deadline, Asylum Interview Preparation, Credible Fear Interview, and Defensive vs Affirmative Asylum. The pillar overview is at Asylum and Deportation Defense. Return to the Immigration Glossary hub for other terms.