description: Form I-589 is the official application form for requesting asylum and withholding of removal in the United States. Asylum is granted to individuals who are unable or unwilling to return to their home country due to past persecution or a well-founded fear of future persecution based on factors such as race, religion, nationality, membership in a particular social group, or political opinion. Withholding of removal is a similar form of protection that requires a higher burden of proof. The [eligibility criteria](https://www.uscis.gov/i-589^) for asylum and withholding of removal include being physically present in the United States and demonstrating past persecution or a well-founded fear of future persecution. The application process involves filing Form I-589, attending a [biometrics appointment](https://www.uscis.gov/forms/filing-guidance/preparing-for-your-biometric-services-appointment^), undergoing an [asylum interview](https://www.gov.uk/government/publications/conducting-the-asylum-interview-process^), and receiving a [decision from USCIS](https://www.uscis.gov/humanitarian/refugees-and-asylum/asylum/types-of-affirmative-asylum-decisions^). There is no cost to file Form I-589, but other costs may be incurred. USCIS aims to issue a decision within 180 days, but delays can occur. Common questions about the process include [working while the application is pending](https://www.uscis.gov/newsroom/alerts/asylum-applicants-can-now-file-form-i-765-online^), what happens if the application is denied, [including family members in the application](https://www.uscis.gov/humanitarian/refugees-and-asylum/asylum^), [traveling outside the U.S. while the application is pending](https://www.uscis.gov/sites/default/files/document/guides/Asylees_Refugees.pdf^), and deadlines for filing Form I-589. It is important to consult with an immigration attorney or accredited representative for specific case-related questions.

description: Form I-589 is the official application form for requesting asylum and withholding of removal in the United States. Asylum is granted to individuals who are unable or unwilling to return to their home country due to past persecution or a well-founded fear of future persecution based on factors such as race, religion, nationality, membership in a particular social group, or political opinion. Withholding of removal is a similar form of protection that requires a higher burden of proof. The eligibility criteria for asylum and withholding of removal include being physically present in the United States and demonstrating past persecution or a well-founded fear of future persecution. The application process involves filing Form I-589, attending a biometrics appointment, undergoing an asylum interview, and receiving a decision from USCIS. There is no cost to file Form I-589, but other costs may be incurred. USCIS aims to issue a decision within 180 days, but delays can occur. Common questions about the process include working while the application is pending, what happens if the application is denied, including family members in the application, traveling outside the U.S. while the application is pending, and deadlines for filing Form I-589. It is important to consult with an immigration attorney or accredited representative for specific case-related questions.

If you're in the United States and seeking protection as a refugee, this guide is for you. It's designed to provide a comprehensive understanding of Form I-589, the official application form for requesting asylum and withholding of removal in the United States. 

Asylum is a form of protection granted to individuals who are unable or unwilling to return to their home country due to past persecution or a well-founded fear of future persecution. This persecution must be based on factors such as race, religion, nationality, membership in a particular social group, or political opinion. 

Withholding of removal is a similar form of protection, but it requires a higher burden of proof. It's important to understand the differences between these two forms of protection, as well as the process, cost, eligibility requirements, and processing time associated with filing Form I-589. 

In this guide, we'll walk you through each step of the process, from understanding eligibility to filing the form, attending appointments and interviews, and receiving a decision from the U.S. Citizenship and Immigration Services (USCIS). We'll also answer some frequently asked questions about the process. 

Remember, there is no cost to file Form I-589, and USCIS generally issues a decision within 180 days of filing. However, the process can be complex, and it's important to understand each step before you begin. Let's get started.

Understanding Asylum and Withholding of Removal

Before we delve into the specifics of Form I-589, it's crucial to understand what asylum and withholding of removal mean.

**Asylum** is a form of protection granted by the United States to individuals who are already in the U.S. and are unable or unwilling to return to their home country. The reason for this inability or unwillingness to return must be due to past persecution or a well-founded fear of future persecution. This persecution must be based on one of five grounds: race, religion, nationality, membership in a particular social group, or political opinion.

On the other hand, **Withholding of Removal** is a similar form of protection that prevents an individual from being returned to a country where their life or freedom would be threatened. However, it requires a higher burden of proof than asylum. This means that you must demonstrate that it is more likely than not that you would be persecuted or tortured in your home country.

The key difference between asylum and withholding of removal lies in the burden of proof and the benefits granted. Asylum requires a lower burden of proof and provides more benefits, such as the ability to apply for a green card (permanent residence), while withholding of removal only prevents removal to a specific country and does not lead to permanent residence.

In the next section, we'll discuss the eligibility criteria for asylum and withholding of removal.

Eligibility for Asylum and Withholding of Removal

Now that you understand what asylum and withholding of removal are, let's discuss who is eligible to apply for these forms of protection.

To be eligible for **asylum**, you must meet the following criteria:

For **withholding of removal**, the eligibility criteria are similar, but the burden of proof is higher. You must demonstrate that it is more likely than not that your life or freedom would be threatened in your home country because of your race, religion, nationality, membership in a particular social group, or political opinion.

Let's break down a couple of these terms:

Remember, the eligibility criteria for asylum and withholding of removal are complex and require careful consideration. It's important to fully understand these criteria before you begin the application process. In the next section, we'll guide you through the process of applying for asylum and withholding of removal.

The Process of Applying for Asylum and Withholding of Removal

Once you've determined that you meet the eligibility criteria for asylum or withholding of removal, you can begin the application process. Here are the steps you'll need to follow:

Remember, the process of applying for asylum or withholding of removal can be complex and time-consuming. It's important to be prepared and understand each step of the process. In the next section, we'll discuss the cost and processing time associated with filing Form I-589.

One of the key aspects of the asylum and withholding of removal application process is understanding the cost and time involved. 

**Cost**: The good news is that there is no cost to file Form I-589. This means that you can apply for asylum or withholding of removal without having to pay a filing fee. However, you may incur other costs, such as those associated with obtaining necessary documents, translation services, or legal representation.

**Processing Time**: The U.S. Citizenship and Immigration Services (USCIS) generally issues a decision on an asylum application within 180 days of filing. However, this timeline can vary depending on a number of factors, including the complexity of your case, the volume of applications USCIS is processing, and any additional checks or processes that may be required for your case.

It's important to note that while USCIS aims to process applications within 180 days, delays can and do occur. Therefore, it's crucial to be prepared for the possibility that the process could take longer than expected.

In the next section, we'll address some frequently asked questions about the asylum and withholding of removal application process.

Yes, you can apply for employment authorization if 150 days have passed since you filed your complete asylum application and no decision has been made on your application.

If your application is denied by the USCIS, your case may be referred to the immigration court where you will have the opportunity to renew your request for asylum before an immigration judge.

Yes, you can include your spouse and children who are in the United States on your application at the time you file or at any time until a final decision is made on your case.

If you leave the United States while your asylum application is pending, you may be considered to have abandoned your application unless you obtain advance parole before your departure.

Yes, you must file Form I-589 within one year of your last arrival in the United States, unless you can demonstrate changed circumstances that materially affect your eligibility for asylum or extraordinary circumstances that prevented you from filing within one year.

Can I work while my application is pending?

What happens if my application is denied?

Can I include my family members in my application?

Can I travel outside the U.S. while my application is pending?

Are there any deadlines for filing Form I-589?

A Comprehensive Guide to Form I-589: Application for Asylum and Withholding of Removal

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