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I-589 Application Full Guide – How to Write an Asylum Declaration 📋

Fernando santos, asylum lawyer.

Crafting an asylum declaration is a pivotal step in seeking asylum in the United States. This document serves as the backbone of your I-589 application, offering a comprehensive account of your past experiences, present fears, and why you seek refuge in the United States. 

The importance of clarity, detail, and honesty cannot be overstated when drafting this declaration. In this article, we’ll delve into the essentials of preparing a compelling asylum declaration that effectively communicates your story and circumstances to immigration authorities.

What is the Asylum Declaration – The Basics

The asylum declaration is a sworn statement that provides a detailed narrative of your past experiences of persecution, if any, and the reasons why you fear future persecution in your home country. 

It encapsulates the core elements of your asylum claim and is crucial in demonstrating your eligibility for asylum in the United States.

This is commonly referred to as your “statement” and must be included with your I-589 application for asylum and for withholding of removal.

The Purpose of the Asylum Declaration

This document serves multiple purposes: it helps immigration officers assess the validity of your asylum claim, provides evidence to support your case, and offers insight into your circumstances. 

A well-crafted asylum declaration can significantly strengthen your application and increase your chances of a successful asylum outcome.

Consider this – once your asylum I 589 form is submitted, it is processed by a USCIS officer. This could be the person who makes the decision about your approval, and thus, you must show to them that your case is credible and that you have suffered persecution or still have a founded fear of it.

The declaration is also vital for your asylum interview as the USCIS officer will commonly go through it during the meeting and ask you questions about it. The more detail you provide and the more convincing it is, the quicker your interview may proceed.

Making Your Asylum Declaration Unique and Reflective of Your Experiences

Each asylum declaration is unique, as it reflects the individual experiences and circumstances of the applicant. This is why we cannot provide a sample declaration as there is no single structure to follow.

It’s essential to personalize your declaration by providing specific details and examples that illustrate the persecution you have faced or fear in your home country. 

This personalization enhances the credibility and persuasiveness of your claim. It also shows personalization and that you haven’t simply plagiarized a generic sample you found on the internet.

How to Prepare Your Asylum Declaration

Before putting pen to paper or fingers to keyboard you must understand how to prepare your declaration. This includes the language it must be written in and how it should be submitted with your I-589 application for asylum and withholding of removal.

Language Requirements

Your asylum declaration must be written in English, the official language of immigration proceedings in the United States. 

If English is not your native language, you may seek assistance from a qualified translator or attorney to ensure accurate translation and interpretation of your statement. In this instance, you would write your declaration in your native language and then have it translated.

Submission Requirements

The asylum declaration should be submitted along with your Form I-589 application for asylum. It must be typed or neatly handwritten, signed under penalty of perjury, and dated. Any false statements or omissions in your declaration can have serious consequences for your asylum case.

If you have a translated version, you must include the following with your application:

• The original version in your native language.
• The translated version.
• A signed statement from the translator stating they translated the document word for word, faithfully and completely and that they are fluent in both languages.

An immigration asylum attorney can help find a suitable translator and make sure they provide the proper statement of authenticity.

How to Structure Your I-589 Application Asylum Declaration

As mentioned in previous sections, there is no “right way” to structure your asylum declaration as part of your I-589 application. However, you can observe the following tips:

• Make sure the structure flows logically (Intro, main body, conclusion).
• Keep the structure organized and, if possible, in chronological order.
• Use clear headings.
• Keep paragraphs short (3-4 lines per paragraph or 2-3 sentences).
• Include a table of contents with a list of the headings at the start.

Format Overview With Recommended Section Headings

A well-structured asylum declaration typically includes the following sections:

• Background: Provide information about your personal background, including your identity, family, education, and employment history.
• Past Perceution: Detail any past incidents of persecution you have experienced in your home country.
• Fear of Future Persecution: Explain why you fear returning to your home country and the specific threats or risks you anticipate.
• Relocation: Discuss any attempts you have made or considered to relocate within your home country to avoid persecution.
• Lack of Government Protection: Describe the reasons why you believe you cannot obtain protection from your home country’s government.
• Conclusion: Summarize your asylum claim and reiterate your request for protection in the United States.

Additional Sections Based on Individual Circumstances

Depending on your unique experiences and circumstances, you may need to include additional sections addressing specific aspects of your asylum claim, such as medical or psychological evidence, country conditions reports, or corroborating witness statements.

How to Write the Common Sections of Your Asylum Declaration

Writing about your background.

Provide a concise yet comprehensive overview of your personal background, including relevant details about your family, education, employment, and any other significant life events. This section sets the context for your asylum claim and helps immigration officers understand your background and experiences.

Detailing Past Persecution

Describe in detail any past incidents of persecution you have endured in your home country. Include specific dates, locations, perpetrators, and the nature of the persecution you faced. Providing corroborating evidence, such as medical records, photographs, or witness statements, can strengthen your case.

This is possibly THE most important section and it’s essential you write as much detail as possible and recount any instance of persecution that adds weight to your case.

In this section, it’s also vital to try and write events in chronological order. Don’t keep skipping back and forth between dates. Instead, take a notepad and write a list of the separate incidents then try and organize them in date order. With this list compiled, you can create a sub-section in your declaration for each instance of persecution.

Explaining Your Well-Founded Fear of Future Persecution

Articulate the reasons why you fear returning to your home country and the basis for your well-founded fear of future persecution. This may include threats, harassment, violence, or discrimination you have experienced or witnessed, as well as relevant country conditions that support your claim.

You could provide things like SMS messages, social media messages, Whatsapp messages, or other media that show you are still under threat. Additionally, you could write about people you know who are still facing persecution while you are in the U.S. filing for your I-589 application with their testimonials.

Addressing Your Relocation Challenges

Discuss any attempts you have made or considered to relocate within your home country to escape persecution. Explain why relocation is not a viable option for you due to ongoing risks, lack of resources, or other obstacles.

For example, you could provide evidence showing that the persecution is nationwide or that the persecutor has a wide reach and resources, meaning no place in your country is safe. Essentially, you must show that you have explored the possibility of relocation, but asylum is the only viable option.

Highlighting the Lack of Government Protection

Provide compelling reasons why you believe you cannot obtain protection from your home country’s government or authorities. This may include instances of government complicity in persecution, failure to enforce laws or systemic discrimination against certain groups.

This section should include evidence and facts where possible – merely stating that it’s your opinion that the government won’t protect you isn’t enough. If you can show the government is active in their neglect or has participated in persecution, your case has more weight. Your political asylum attorney can help find relevant articles, newspaper clippings, and press for this section.

Ending With a Compelling Conclusion

Summarize your asylum claim and emphasize the urgency of your need for protection in the United States. Reiterate your request for asylum and express your hope for a favorable outcome to your case. 

The conclusion should be concise and reiterate the points of your declaration however, it should also aim to answer common questions a USCIS officer might ask. 

Examples of questions could include – Why can’t you return to your home country? Why can’t the government protect you? Isn’t there anywhere in your home country where you can safely live? Your asylum immigration attorney can help with more potential questions.

Seeking Legal Assistance

While it is possible to prepare your asylum declaration on your own, seeking assistance from the best asylum lawyer in USA can greatly enhance the quality and effectiveness of your application.

How a Political Asylum Attorney Can Help

An experienced immigration lawyer asylum expert can provide invaluable guidance and support throughout the asylum application process. They can help you understand your legal rights and options, gather evidence to support your claim and prepare a persuasive asylum declaration tailored to your circumstances.

Important Resources for Writing Your Asylum Declaration

In addition to legal assistance, various resources are available to help you prepare your asylum declaration, including online guides, sample declarations, and community organizations that support asylum seekers.

• Asylum Seekers Advocacy Project – Sample Declaration
• Official USCIS Affirmative Asylum Info Page – Link
• USCIS Q&A Relating to Asylum Application – Link
• Grammarly – Automatic Spelling & Grammar Checker – Link
• Hemingway Editor – Useful tool to improve writing quality – Link
• Refugee Council USA – Link
• Asylum Seeker Advocacy Project – Link
• I-589 Defensive Asylum Instructions – Link

Start Drafting Your Asylum Declaration Today

Crafting a compelling asylum declaration is a critical step in the asylum application process. By providing a detailed and persuasive account of your experiences and circumstances, you can strengthen your case and increase your chances of obtaining asylum in the United States.

Remember to always be truthful. Include as much detail as possible and be accurate with your info by including dates, names, addresses, and timeframes. If you require assistance writing your declaration or the I-589 application, please contact Santoskhourny today. We have years of experience with this process and can guide you through it, including assisting in writing your asylum declaration.

Can I use a sample asylum declaration for my application?

While sample asylum declarations can provide useful guidance, it’s important to tailor your declaration to your own experiences and circumstances to ensure its authenticity and effectiveness. If you simply copy and paste a sample and swap in your name and info, you will be found out, and your application rejected.

Do I need to write my asylum declaration in English?

Yes, your asylum declaration must be written in English, the official language of immigration proceedings in the United States. You can write your declaration in your native language too, but it must be translated. When submitting Form I-589, you must include the original declaration, the translated version, and a signed statement of authenticity from the translator.

What should I do if I’m unsure about what to include in my declaration?

Seek guidance from a qualified immigration attorney who can help you identify relevant information and structure your declaration effectively.

Is there a specific format I should follow for my asylum declaration?

While there is no strict format requirement, it’s advisable to follow a structured format with clear section headings to ensure clarity and organization. Make the sections numbered too and include an initial table of contents so the USCIS officer can easily follow the flow and find the different details they wish to ask questions on.

How detailed should my description of past persecution be?

Provide as much detail as possible, including specific dates, locations, perpetrators, and the nature of the persecution you experienced. Corroborating evidence can strengthen your claim. We understand that it’s difficult, but you mustn’t shy away from any details and be as graphic/descriptive as possible.

What if I cannot remember specific dates for past incidents?

If you cannot recall specific dates, provide approximate timeframes or describe the events to the best of your recollection. Giving specifics like dates and timeframes is advisable, though, as it makes your declaration much more credible.

Should I include incidents that may not rise to the level of persecution in my declaration?

Include any relevant incidents that contribute to your overall fear of returning to your home country, even if they may not individually constitute persecution. The more relevant evidence you can provide (no matter how big or small), the stronger your case becomes.

What if I need to explain extraordinary circumstances for missing the one-year asylum filing deadline?

Consult with an immigration attorney to determine if you qualify for an exception to the one-year filing deadline based on extraordinary circumstances.

Can I seek legal help with drafting my asylum declaration?

Yes! Hiring political asylum lawyers can help greatly as they understand the common structure of declarations and what you should include. However, you must write the declaration yourself – your legal representative must only advise and assist.

About the Author:

Fernando Santos is an immigration attorney who’s been through the challenges of navigating the U.S. immigration system himself. Born in Brazil and raised without status in MA, he transformed his personal experiences into a commitment to helping others.

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How To Write An Asylum Statement

Individuals in the US who are afraid of persecution in their home country may file for asylum in the US. Asylum is a type of protection the US government grants someone who has been persecuted or fears future persecution, in their home country.

Part of the asylum filing process is to write an asylum statemen t, and we will take a close look at how to write an asylum statement.

Individuals who demonstrate past or potential future persecution, due to their race, religion, nationality, membership in a particular social group, and/or due to their political opinion, are generally eligible for asylum . This is true as long as the persecution is carried out by the government and/or a group that the government cannot or will not control. 

Asylum Application Rules and Your Personal Statement

Although there are several ways to apply for asylum, including an affirmative asylum application process and a defensive asylum application process, the rules, requirements, and best practices are often the same.

For example, if you are filing for asylum, you should consider submitting a personal declaration as part of your asylum application. A personal declaration, or personal statement, explaining your story and why you are filing for asylum is generally helpful to your case. Although a personal statement is not strictly required, it is often better to have a well-written declaration submitted prior to your interview or court date .

What To Include In Your Personal Asylum Statment

In the personal statement, you have the ability to explain what happened to you in your home country clearly and without interruption.

A well-written personal statement also helps the Immigration Judge or U.S. Citizenship and Immigration Services (USCIS) officer by giving them the opportunity to read about your story and understand the grounds of your case ahead of time.

It is always a good idea to work with an experienced immigration attorney when applying for asylum, especially as immigration attorneys can help you with your personal statement to ensure that your statement is the best possible for your case.

Beginning To Write An Asylum Statement

Many asylum applicants are uncertain about how to write a personal statement and don’t know what type of information to include. While there are no exact official rules about how to write a personal statement, there are a number of things to keep in mind to help you write your story.

Personal Asylum Statment Introduction

First, the statement should begin with a general introduction of yourself and your dependents on your asylum case . This section may include the names and birthdates of all applicants/dependents as well as the location of births, and citizenship country or countries. You can also provide background information including your education status, especially if this information is important to your case or it helps readers understand your current status and situation.

The introduction section is specifically an introduction point to your statement, so it is best to include information that you feel will best help the judge or officer understand who you are. 

Write An Asylum Statment In Multiple Sections

There are multiple ways to write a personal statement. For example, you could write down all the things that happened to you in chronological order, this means that you would describe everything that occurred in the order that they happened to you.

Or you could write your statement in sections describing what you are afraid of and using the incidents that happened to you as examples of the persecution you are afraid of. You could also create a statement that combines different styles.

What To Include In Your Asylum Statment

There is no exact formula for describing your story. Instead, what is important to keep in mind is that you make sure to include the following items:

• Explain the persecution you experienced and/or the persecution you fear will happen in your country, and explain why you are or will be persecuted.
• Make sure to describe how the persecution is due to or connected to your race, religion, nationality, membership in a particular social group, and/or due to your political opinion.
• Describe everything that happened to you in your country that made you leave the country.
• Explain what you fear will happen to you if you returned and explain who/what group you are afraid of.
• Include any incidents that depict your fears such as incidents of threats, warnings, attacks, violence, and/or any other harm, etc.
• Include descriptions of incidents or targeting of other family members or even friends if they face similar risks or are similar to you in their situation.
• Explain why you cannot relocate to any other part of your country to be safe and explain why the government or law enforcement cannot, will not, or did not help you.
• “I declare under penalty of perjury under the laws of The United States that the foregoing is true and correct.”

Once you have completed the statement, make sure to sign and date the document. You may also want to consider going to an official notary and signing the document before them so they can notarize the statement. Again, this is NOT a requirement, but it does add a layer of verification to show that you did in fact sign the document. 

How Much Detail to Include On Your Asylum Statement

When you are writing your story, do not get held up by unimportant details. Make sure to include details that are helpful to your case, but it is not important to describe every color, shape, and smell of every incident. When there are too many details included, the reader can get overwhelmed.

Similarly, many applicants think that they must include every single date and time that something happened, but they often have trouble remembering these details. You do not have to be so exact. If you cannot independently recollect a date or time, then do not include it. You can make more general statements about the date. For instance, you might say that it happened in “early January.”

If you can’t remember the month, you could say “at the beginning of the year.” Sometimes it is even ok to say something happened a “few weeks or months later.” Just make sure that you do not guess on dates and write them into the statement because if you can’t remember the date you wrote during the interview, the officer or judge could think that you are not telling the truth.

Addressing Major Changes With Your Asylum Statement

In addition to these details, make sure to address any major changes in your country since you left, if it makes a difference to your story. If there have been major elections or if social or political conditions have changed, make sure to explain why you are still in danger despite these changes. Similarly, if there have been additional developments to your case since you came to the US, please make sure to include this in your statement as well.

For instance, if you have found out that people have been searching for you since you left, or if family or friends have been threatened because of you, or if more warnings have been issued to you or about you, make sure to provide this information.

Also, if you have continued to engage in activity that puts you at risk in your country, especially activities like posting on social media, or publishing information some other way, make sure to describe this and explain why it puts you even more at risk for persecution.

Keep in mind that any major developments should be at least mentioned in your personal statement. You will always have the opportunity to discuss details and specifics in your interview or before the judge, but you don’t want to leave out anything that will be important to discuss at that time.

FAQs To Write An Asylum Statement

How long should an asylum personal statement be, is there an exact template or best way to write a statement, how should i write my statement if my english is not good, conclusion on how to write an asylum statment.

Your personal statement is an important part of your asylum application. The asylum personal statement gives you the opportunity to tell your story and describe why you are seeking asylum. There are many different ways to write your asylum personal statement. If you have any questions about applying for asylum or writing your personal statement, consult a trained immigration attorney .

Table Of Contents

Can I Apply for Asylum With a Criminal Record in 2024

Asylum denial reasons in 2024, how to provide evidence for your asylum case, what is race-based asylum.

Asylum Application and Evidence

In general, you can apply for asylum within one year of entering the United States by submitting an asylum application, Form I-589. Where you submit the asylum application depends on whether you are applying for asylum in immigration court or with U.S. Citizenship and Immigration Services (USCIS).

Scroll down or click on the links below to read questions and answers from the Asylum Seeker Advocacy Project (ASAP). You can also watch this video about how to fill out your asylum application.

• When do I need to apply for asylum?
• If I did not submit an asylum application within one year of entering the United States, can I still apply for asylum?

Is there a fee to file the asylum application?

Do i need to include that i am a member of asap in my asylum application, where do i file my asylum application, how do i file my asylum application in immigration court, how do i file my asylum application with uscis by mail, how do i file my asylum application with uscis online, should i list my spouse or children in my asylum application, what is a certificate of service, how do i get a receipt for my asylum application, i have a case in immigration court, but it does not appear on the automated hotline or website. how can i apply for asylum, what additional supporting evidence can i submit to support my asylum case, when do i need to submit supporting evidence, can i submit evidence in my own language, how can i correct a mistake on my asylum application, my asylum application was rejected and returned to me by uscis. what can i do.

• See other questions.
• Find legal help.

When do I need to apply for asylum? 

Generally, you must submit your asylum application ( Form I-589 ) within one year of arriving in the United States. However, there are some exceptions to this rule. Read more below. 

If I did not submit an asylum application within one year of entering the United States, can I still apply for asylum? 

Maybe! If you did not submit an asylum application within one year of arriving in the United States, you may still be able to apply for asylum depending on your situation. If your case fits one of these below situations, you may still be able to apply for asylum.

• You are under 18 years old. In many cases, if you are under 18 years old, you may be able to apply for asylum even if you have been in the United States for more than a year. Read more about applying for asylum as a child .
• You had or currently have lawful status in the United States , such as Temporary Protected Status (TPS), parole, or a valid visa. You can apply for asylum anytime while you have the lawful status, even if you have been in the United States for more than a year. You can also apply for asylum after your status expires, and it is best to apply as soon as possible after your status expires.
• The conditions in your country of origin have changed and it would now be dangerous for you to return. For example, the country has a new leader that intends to harm people like you.
• Your personal circumstances have changed and returning to your country of origin would now be dangerous for you. For example, you converted to a religion that is not allowed in your country of origin. Or, you recently decided to live openly as a gay person and it would be dangerous for you to return to your country of origin as a gay person.
• You were originally included in a family member’s asylum application, but you no longer qualify to be included in their asylum application. For example, you were included in your spouse’s asylum application, but you and your spouse have divorced since filing the application.
• You suffer from serious illness, physical disability, or mental disability.
• You suffered a serious crime or domestic violence recently.
• Your attorney committed fraud, and you filed a complaint against them.

If your case fits one of the above situations, you may still be able to apply for asylum after one year of entering the United States. However, you still need to apply as soon as possible . You will also need to submit proof about how you fit one of the above situations.

Also, even if you do not qualify for asylum, you may still qualify for other similar forms of protection under U.S. immigration law, such as withholding of removal or protection under the Convention Against Torture (“CAT”) . These are similar to asylum because they are also for people who are afraid of returning to their countries of origin. You can apply using the same form as the form for asylum, Form I-589 . 

No! Regardless of whether you are applying for asylum with USCIS or in immigration court, there is no fee to submit your asylum application.

No, you do NOT need to include information about ASAP in your asylum application (Form I-589). There are questions in the asylum application that ask about your membership in organizations (Questions 3.A and 3.B in Part B in the paper asylum application, and under “Party or group affiliations” in the online asylum application). However, these questions are only asking about organizations in your country of origin, not in the United States. So you do not need to include information about ASAP in your answer to these questions.

You do NOT need to attach your ASAP membership card to your asylum application.

Where you should file your asylum application depends on your situation. To understand where to file, you can answer the questions on this USCIS website . You can also read more below.

Most people who have a case in immigration court should file their asylum application with the immigration court .

• Read instructions about how to file your asylum application in immigration court.
• If you are not sure whether you have a case in immigration court, you can check this website or call the immigration court hotline at 1-800-898-7180. You can also read about other ways to know if you have a case in immigration court .

In some special circumstances, people with a case in immigration court should file their asylum application with USCIS by mail . These are the special circumstances:

• If the automated hotline or website says that your immigration court case was closed or dismissed, you can mail your asylum application to USCIS. Read more information and instructions .
• If you believe you will have a case in immigration court in the future, but your information does not yet appear on the automated hotline or website, you can mail your asylum application to USCIS. Read more information and instructions .
• If you are an unaccompanied child with a case in immigration court, you can mail your asylum application to USCIS. Read instructions .

People who do NOT have a case in immigration court should file their asylum application with USCIS, either by mail or online . 

• If you do not have a case in immigration court, in general you should file your asylum application with USCIS. There are two ways to file with USCIS: by mail, or online.
• If you would like to file your asylum application with USCIS by mail, read these instructions .
• If you would like to file your asylum application with USCIS online, read these instructions . However, unfortunately not everyone is eligible to use the online filing system. You cannot apply online if you are in one of the situations described under the “Special Instructions” tab on this USCIS webpage . If you are in one of those situations, you will need to mail a paper asylum application to USCIS instead.

You can follow the steps below to apply for asylum in immigration court.

1. Complete your Form I-589.

• Download or print Form I-589 . The form is long and asks some hard questions. But do not let this discourage you! You can watch this video for step-by-step instructions about how to fill out the asylum application. You can also see Appendix F of this guide for more instructions.
• Your answers must be written in English.
• Read each question carefully. All of your answers should be complete, accurate, and truthful.
• You may be able to include qualifying family members in your asylum case.
• After you are done, review the entire application to catch any mistakes.
• If you are filling out the application on paper and writing by hand, make sure that your handwriting is clear and easy to read. Use a black pen.
• Remember to sign and date your application.

2. Prepare your application packet. 

• One original Form I-589 for the judge.
• One copy for the government attorney.
• One copy for you to keep for your records.
• You may also need to prepare a certificate of service, if you are submitting your asylum application by mail or at the filing window of the immigration court. A certificate of service is a document that states that you sent a document to the government attorney. You can download and fill out this certificate of service .
• You can include other supporting evidence .

3. Submit your application packet. You have three options for how to do this.

• Option 1. You can submit your application packet in person during your hearing. You can hand your original asylum application and the two copies you prepared to the judge. The judge should stamp them. The judge should keep the original, and give you back the two copies. Give one of the copies to the government attorney, and keep the other copy for your records. This copy is your receipt proving that you submitted your asylum application.
• Take the original asylum application, two copies, and a certificate of service to the filing window in your immigration court. The clerk should keep the original and the certificate of service. The clerk should stamp the copies and give them back to you.
• Keep one copy for your records. The copy is your receipt proving that you submitted your asylum application.
• The other copy needs to be sent to the government attorney. You can do this by taking the copy to the government attorney office, which is usually located in the same building as the immigration court, or by mailing it to the government attorney. You can find the addresses for government attorneys here .
• Make sure you use a mail service that offers tracking. For tips on how to mail documents, watch this video .
• Mail the original asylum application, a copy of the application, and the certificate of service to the immigration court. You can find addresses of immigration courts here . In addition, make sure to include an envelope with your address and postage. The immigration court should stamp the copy of your asylum application and then mail it back to you using the envelope. If you do not include an envelope, they will not mail you your copy. The copy is your receipt proving that you submitted your asylum application. Keep this copy somewhere safe.
• Mail another copy to the government attorney. You can find the addresses for government attorneys here .

4. Send documents to USCIS for your biometrics appointment (also called fingerprint appointment) . 

• You have to send certain documents to USCIS in order to be scheduled for a biometrics appointment for the government to collect your fingerprints. Please read these instructions or watch this video .

5. Continue with your asylum case in immigration court. 

• You can submit more evidence before your individual hearing.
• Read about the immigration court process .
• Read about applying for your first work permit .

There are two ways that you can submit your asylum application to USCIS: by mail or online. You can follow the steps below to apply by mail. If you want to apply online instead, find instructions for applying online here .

• You can include the documents below, in this order. Do not staple the pages – you can use a paperclip, binder clip, or rubber bands instead to hold all the pages together.
• Form G-1145 (optional). If you want, you can include Form G-1145 to receive notices about your application by text message or email.
• Your completed Form I-589.
• A copy of your passport, if you have one. If possible, include a copy of every page, including the front and back covers.
• A copy of your Form I-94, if you have one. It may look like this , this , or this .
• A copy of a document that proves your family relationship – for example, a copy of birth certificate for a child or a copy of a marriage certificate for a spouse.
• A copy of your family member’s passport and Form I-94, if they have one.
• If you had an immigration court case in the past but it was dismissed, you can find more specific instructions here .
• You can also attach other supporting evidence to your asylum application. You can also choose to submit them later. Read more about additional evidence here .
• If a document is not in English, you should also include an English translation with a certificate of translation .

3. Make a copy of the whole packet and keep it for your records. 

4. Mail the original application packet to USCIS.

• The USCIS address where you need to send your application packet depends on where you live. You can find the correct address by going to this USCIS webpage , and looking under “Where To File.”
• However, if you are in one of the special situations described under the “Special Instructions” tab on this USCIS webpage , you have to submit your asylum application to a special processing center called the Asylum Vetting Center.

5. Continue with your asylum case with USCIS. 

• You should receive a receipt notice in the mail.
• You can submit more evidence before or during your asylum interview.
• Read about the USCIS process .

There are two ways that you can submit your asylum application to USCIS: by mail or online. Only some asylum seekers can apply online . If you are not sure, read this question to understand whether you can file online.

If you are eligible to file online, you can follow the steps below to apply online. If you want to apply by mail instead, find instructions for applying by mail here .

1. Log in or create your USCIS online account. 

• Go to this USCIS online account website . This website is only available in English.
• Next, log in to your USCIS account if you already have an account. If you do not have an account, click the blue sign up button to create an account. You can watch this USCIS video about how to create an online account.

2. Start the asylum application. 

• If you are using a phone, click “Menu” in the top right corner, click “Account actions,” then click “File a form online.” If you are on a computer, click “My Account” in the top right corner, then click “File a form online.”
• Next, select “I-589, Application for Asylum and for Withholding of Removal” in the drop down menu.
• Click “Start form.”

3. Complete the asylum application. 

• Most of the questions in the online asylum application are identical to the paper asylum application. You can watch this video for detailed, step-by-step instructions on how to fill out the paper asylum application. Below are some useful things to know when completing the online asylum application:
• Pop-Up Window: When you are filling out the application online, you will likely see a pop-up window that looks similar to this:

If you would like to continue, choose “Allow” because the government only accepts asylum applications from people who are located in the United States. If you choose “Block”, the website will not allow you to proceed.

• If you entered the United States with parole or a specific type of visa (such as a B2 tourist visa or F1 student visa), choose that from the list.
• If you are an asylum seeker who did not enter the United States with parole or a visa, you can choose “999 – Alien awaiting decision of asylum.” You can then leave “Date this status expires” blank.
• If you are not sure what to choose, you can choose “ZN – Unknown.” You can then leave “Date this status expires” blank.
• Blank questions: If you do not answer a required question, you will get an alert when you reach the “Review and Submit” section. You can then go back and answer. If you do not know an answer, you can write “unknown” or leave it blank.

4. Upload evidence.

• You can upload evidence in the online form. There are size limits, so you may have to split large files into more than one file.
• We recommend submitting a copy of your passport and Form I-94, if you have them.
• A copy of your family member’s passport and Form I-94, if they have them.
• Some of the evidence categories may not apply to you. In that situation, you do not have to include evidence for that category, even if you get an alert that says you should provide evidence. For example, if you do not have a Cover Letter, you do not have to submit one. Or, if you do not have a spouse or children, you do not have to submit evidence for Family Identification.
• You do not have to submit all evidence at the same time that you are submitting your online asylum application. You can submit more evidence later, before or during your asylum interview. Read more about additional evidence here .

5. Submit your application and get your receipt notice. 

• Carefully review your application and evidence before you submit.
• After you submit your asylum application, check your USCIS account frequently . You will not receive your receipt notice or other important notices by mail. Some people receive their receipt notice online in just 1 to 2 days.
• You should be able to see and download a copy of your asylum application from your online account.

6. Continue with your asylum case with USCIS. 

Yes! There are 3 things to know about this process.

1. List any spouse or children you have. 

• If you have a spouse or children, no matter where they live or how old they are, you should list them on your asylum application. You can provide information about them on Part A.II. on the paper asylum application (Form I-589) or in the “Your Family” section if you are filing online.

2. You can include qualifying family members in your asylum case. 

• If you have a spouse or unmarried children under age 21 who are living in the United States, you may also be able to include them in your asylum case. If you do this, your spouse or children can generally apply for a work permit at the same time as you! And if you win asylum, they will win asylum too – even if your child has turned 21 by then. The steps to include your family members in your asylum case are different depending on if you are applying for asylum with USCIS or immigration court. Read more below.

If you are filing your asylum application with USCIS and want to include your family member in your case, answer “Yes” to the question “If in the U.S., is your spouse/this child to be included in this application?” This check box is in Part A.II. on the paper asylum application or on the “Your Family” section if you are filing online. All family members that you include must attend your asylum interview.

Note: If you file your asylum application with USCIS, but later your case is sent to immigration court, your family members may no longer be included in your asylum case. Read below about how to check if your cases are together in immigration court.

• Immigration court: 

The process in immigration court is more complicated. To include your family member in your asylum case, your cases must be together in immigration court . This means that you have the same immigration judge, the same court dates, and you are listed together on court documents such as the Notice to Appear or Hearing Notice .

• If your cases are already together in immigration court, your family member can automatically be included in your asylum case. When you complete your asylum application, answer “Yes” to the question in Part A.II, “If in the U.S., is your spouse/this child to be included in this application?” Each family member may also want to file their own separate asylum application, because then an immigration judge can grant other protections from deportation .
• If you and your family members have separate cases in immigration court , you can all apply for asylum using separate applications. You can also consider requesting that your cases be combined. You may want to seek advice from an immigration attorney to help determine the best strategy for your family.
• If your family member does not have a case in immigration court at all , they will not be included in your asylum case.

3. If you win asylum, you can petition for qualifying family members. 

• If you cannot include your spouse or children in your asylum case but you later win asylum, you may still be able to request immigration status for them.
• If you win asylum, you can file a petition called Form I-730 to request asylum for your spouse or unmarried children under age 21 who were not included in your asylum case. You can request asylum for these family members even if they are outside the United States or are living in the United States without immigration status. You must file Form I-730 within 2 years of winning asylum.
• Also, if you win asylum, you can become a Permanent Resident after one year . Eventually, you can apply to become a citizen of the United States. Permanent Residents and U.S. citizens have additional options to request immigration status for more family members .

A certificate of service is a document that states that you sent a document to the government attorney. You only need certificates of service if you have an immigration court case! If you are applying for asylum with USCIS, you do not need this document.

If you have a case in immigration court, you may need a certificate of service when you submit your asylum application , or when you appeal your case to the Board of Immigration Appeals (BIA) .

You can download and fill out this certificate of service .

The way to get a receipt showing that you submitted your asylum application (Form I-589) depends on whether you are submitting your application to USCIS or to the immigration court. Read here if you are not sure where to file your asylum application .

• If you are applying for asylum with USCIS by mail , USCIS should automatically mail you a receipt notice after they receive your asylum application. Read here if your receipt notice is delayed .
• If you are applying for asylum with USCIS online , USCIS should automatically post your receipt notice to your USCIS online account .
• If you are applying for asylum with the immigration court , the immigration court will not send you a receipt automatically. Instead, if you want proof of receipt, you need to take action. You may want a receipt because it is useful to have one when you apply for a work permit . Your proof of receipt is the first page of your asylum application stamped with the date of receipt by the immigration court.

If you have not submitted your asylum application yet, follow these instructions to request a stamped copy of your asylum application.

If you already submitted your asylum application to the immigration court , but you did not receive a copy of your asylum application with a date stamp, first you should check that the immigration court received your asylum application. Call the immigration court hotline at 1-800-898-7180. Press 1 for English, enter your A Number, press 1 to confirm your A number, and 1 again to confirm your name. Finally, press 2. If you hear a message indicating that a certain number of days is on your “clock,” this means that your asylum application was received by the court that number of days ago.

If you confirmed that the immigration court received your asylum application, and you want a copy with a date stamp, you can call your immigration court to find out how you can get a copy. You can find the contact information for your immigration court here .

This can be a confusing situation. Some people know that they will have a case in immigration court, but when they check their immigration court case status, it says “the A Number information did not match a record in the system” or “no case found for this A Number.” If this situation applies to you, it is best to mail your asylum application (Form I-589) to USCIS within one year of entering the United States. This may seem confusing because your case will actually be in the immigration court, not with USCIS. However, this is the only way you can file your asylum application if the immigration court has not yet entered your information in their system yet.

How do I know if I am in this situation? 

You know that you are probably in this situation if both of the following statements are true:

• You know that you will have a case in immigration court (for example, because you received a Notice to Appear or you were detained by immigration officials after entering the United States), AND
• When you check your case status by calling the immigration court hotline at 1-800-898-7180 and after entering your A Number, the hotline says: “The A Number information you entered did not match a record in the system or the case has not been filed with the immigration court.” OR when you check your case status by entering your A Number on the immigration court website , it says “No case found for this A Number.”

If you are in this situation, you can take the steps described below to submit your asylum application. If you are not in this situation, read this question to find out how to submit your asylum application .

How can I apply for asylum in this situation?

To apply for asylum in this situation, you can follow these steps:

• Mail an asylum application to USCIS before the one-year deadline. You can follow these instructions to complete your asylum application package and mail it to the correct USCIS address. You cannot file for asylum online in this situation.
• Keep a copy of your application because you will need to submit it to the immigration court again later.
• After you submit your application, USCIS should send you a notice. Keep this notice in a safe place because it proves that you submitted your asylum application before the one year deadline. You can also include a copy of the notice when you apply for your work permit .
• The immigration court should eventually schedule you for your first hearing, known as a master calendar hearing . Check your case status every week so that you learn when your hearing is scheduled. At your hearing, it is important to tell the judge that you filed your asylum application before the one year deadline. You can bring a copy of the notice you received from USCIS and a copy of your asylum application.

You can submit different types of evidence to support your asylum case. This is usually a good idea, but it is not required. It is possible to win asylum based only on your own testimony during your immigration court hearing or your asylum interview. The evidence that you submit should answer these five key questions: 

• What was the harm you suffered in your country of origin, or what harm do you fear you may suffer if you have to go back to your country of origin?
• Who harmed you, or who would want to harm you? If you do not know for sure, who do you think it was?
• Why were you, or why will you be, a target for harm in your country of origin?
• Why are you not able to seek help or protection from the police or the government of your country of origin?
• Is there a safe place inside your country of origin where you can live?

You can watch this video that can help you think about these questions and prepare your asylum case.

Here are some examples of the kinds of evidence you can submit: 

However, every case is different! This list is not meant to be complete and the examples will not apply in every case.

• A written declaration, describing any harm you suffered in the past, who harmed you, why they harmed you, whether you tried to get help from the police or the government of your country of origin, whether there is a safe place inside your country of origin that you can move to, and what you think might happen to you if you were to return to your country of origin.
• Identity documents, such as your passport, birth certificate, and marriage certificate.
• Police reports, if you made a report to the police about the harm you suffered.
• Medical reports, showing any physical injuries you may have suffered.
• Mental health evaluation, showing any mental harm you may have suffered.
• Newspaper or magazine articles about the issues that make you afraid to return to your country of origin, or articles about bad things that happened to people who are similar to you in your country of origin.
• Letters or declarations from people who know about what happened to you in your country of origin.
• Photographs that show parts of your story. For example, the photos can show any harm you suffered, or your participation in a group or activity, if you believe your participation in that group or activity is making you a target for harm.
• Text messages, Facebook messages, or any other written communication that contain threats made against you.
• Membership cards or other official documents from a group, if you believe your membership in the group is making you a target for harm.
• News articles or reports from national or international human rights organizations about the situation that you have fled from.
• If you are applying for asylum more than 1 year after arriving in the United States, you can also submit evidence that shows why you should still be able to apply for asylum. Read more about exceptions to the 1 year deadline here .

You can also find more ideas beginning on page 13 of this guide , page 8 of this guide , and page 15 of this guide .

If you are afraid of going back to your country of origin because of your sexual orientation, gender identity, or HIV status, you can read this guide for more ideas.

Other tips: 

Please also remember that if any of the evidence is not in English, you will also need to include a translation and a certificate of translation .

Do not submit any fake or forged documents. Submitting fake documents can have bad consequences for your case. If you cannot get certain evidence, or getting it will put you or someone else in danger, then you can explain to the immigration judge or asylum officer why you could not get that evidence.

You do not have to submit supporting evidence at the same time as your asylum application (Form I-589). Instead, you can wait until you are closer to your individual hearing in immigration court, or your USCIS asylum interview.

If you have a case in immigration court , you first need to submit your asylum application. Then, once your individual hearing is scheduled, you will need to submit additional evidence. The immigration judge should give you a deadline for submitting the evidence, usually at least 15 days before the individual hearing. Read more about applying for asylum in immigration court here , or watch these videos .

If you apply for asylum with USCIS , you will be scheduled for an interview in an asylum office after you submit your asylum application. You will need to submit your additional evidence before your interview, usually at least one week before your asylum interview. It should be sent directly to the asylum office where you will have the interview. You should read your asylum interview notice and follow the instructions. You can also bring additional evidence with you to your asylum interview. You can contact your local asylum office for more detailed instructions.

Read more about applying for asylum with USCIS here , or watch these videos .

Yes. You can submit evidence in a language other than English, but you will also need to include a translation into English and a certificate of translation .

If you made a mistake on your asylum application, you can correct it. The way to ask for a correction depends on whether you filed your asylum application in immigration court or with USCIS.

If you submitted your asylum application to USCIS and you want to correct a mistake, you can send a letter to USCIS with the updated pages of your I-589. At the beginning of your asylum interview, you should also tell the asylum officer about the correction.

Here is what to include in your letter to USCIS:

• Your letter should be in English, be signed and dated, and include your full name, and your A Number.
• The letter should include a short explanation of the changes to your asylum application, including the question numbers that changed. For example, the letter could say:  “I am writing to correct an error I made on my Form I-589, Page ___, Question ___. That question should say _______ (explain the change).”
• You should include the new, corrected pages of your Form I-589.
• You should also include a copy of your asylum application receipt notice .

Mail your letter to the asylum office that is handling your case. You can find the address of the asylum office at the bottom left corner of your asylum application receipt notice.

If you filed Form I-589 online or have added Form I-589 to a USCIS online account , you can also correct the mistake through your online account. Upload the letter noting changes to your case using the “Unsolicited Evidence” tab. When uploading changes online, you do not have to also upload the receipt notice or corrected pages from the form itself.

Immigration Court 

If you submitted your asylum application to immigration court, you can bring the updated pages of your I-589 to your next immigration court hearing. You can tell the immigration judge that you made a mistake on your application, and then you can explain the correction. You can give the judge the new, corrected pages of your I-589.

Or, if you do not have an in-person immigration court hearing soon, you can also try to submit a letter with the updated pages of your I-589 to the immigration court.

• The letter should also include a short explanation of the changes to your asylum application, including the question numbers that changed. For example, the letter could say:  “I am writing to correct an error I made on my Form I-589, Page ___, Question ___. That question should say _______ (explain the change).”
• Include the new, corrected pages of your Form I-589.
• Include a certificate of service .
• Make a copy of the whole packet for the government attorney. You can send it to the government attorney by mail or take the copy to the government attorney’s office, which is usually in the same building as the immigration court.
• Submit the packet to the immigration court by mail or at the immigration court filing window.

If your asylum application was rejected and returned to you, you should carefully read the rejection notice. The rejection notice explains why USCIS rejected your application. You can correct the problem and resubmit your application. If you need help resubmitting your application, you can look for legal assistance .

Note: This page is for adults who are interested in seeking asylum in the United States. Our hope is that you will use the information to better understand the asylum process and take control of your case. However, this information is not a substitute for legal advice about your particular case. To look for legal assistance, visit ASAP’s find help page . 

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Asylum Application, Client Declaration, and Supporting Evidence

As you begin working with your client, you will draft his or her asylum application (the I-589), and a declaration with a detailed account of her or his story. You will also gather supporting evidence that corroborates your client’s story.

I-589 Asylum Application

Applications for asylum, withholding of removal, and protection under the Convention Against Torture all require a form I-589. You will file this form in immigration court at a Master Calendar hearing, or your client may have filed this document pro se before you started working on the case.

Required Form

Fillable i-589 form, sample i-589 asylum application, credible fear interview notes, client declaration.

Along with your client’s I-589 application, you will work closely with your client to draft a detailed declaration that fleshes out your client’s story.

Sample Client Declaration

Supporting documentation.

Asylum applicants are required to corroborate their testimony with supporting evidence when it is available. The materials below will help you determine what evidence to obtain and how to obtain it.

Corroborating Your Client's Claim

Webinar: corroborating asylum claims, working with mental health experts, sample index of submissions, sample forensic medical evaluation, sample lay witness declaration, sample certificate of interpretation, sample certificate of translation, training topics, index of samples, quick links.

• EOIR Policy Manual
• EOIR E-registry
• USCIS Forms Finder
• EOIR Forms Finder

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All You Need To Know About Form I-589: Application for Asylum and for Withholding of Removal

If you want to apply for asylum in the United States, you must submit U.S. Citizenship and Immigration Services (USCIS) Form I-589 within one year of arriving in the United States. You’ll also need to submit documents to support your application. This article will help you understand how to fill out form I-589 and what supporting documentation you’ll need to provide. It will also cover some tips to help ensure your application has the best chance of success.

Written by Jonathan Petts .  Updated November 1, 2022

What Is Form I-589? 

If you are a noncitizen currently in the United States, you can apply for asylum with Form I-589. Asylum is an immigration status that U.S. Citizenship and Immigration Services (USCIS) can grant to people who have been persecuted or fear they will be persecuted in their home country because of their race, religion, nationality, political opinion, and/or membership in a particular social group. If USCIS grants you asylum, you can remain in the United States and work here with employment authorization. 

Asylum seekers must file Form I-589 within one year of arrival in the United States. If you do not file this form within one year, you may be ineligible to apply for asylum under immigration law. If you entered the United States illegally or you overstayed a visa, you could face deportation or arrest from immigration authorities. 

How To Fill Out Form I-589

Form I-589 is ten pages long, with a two-page supplement. It has seven parts in total. It is essential to provide accurate information consistent with any previous immigration applications. If USCIS determines that you were dishonest, you may be permanently inadmissible to the United States. The following sections explain how to complete the different parts of Form I-589.

Part A: Information About You, Your Spouse and Children, and Your Background

Part A has three subsections: Part A.I, Part A.II, and Part A.III. 

In Part A.I, you will provide information about yourself for your asylum claim. This information includes your full name, mailing address, date of birth, home country, contact information, Social Security number, and marital status. 

Question 1 asks for your alien registration number or “A-number.” This number is an eight- or nine-digit number you likely have if you have submitted previous applications to USCIS or faced deportation proceedings. 

For Question 18, you will also share if you previously faced immigration court proceedings. Proceedings include appearing before an immigration judge or facing arrest by the Department of Homeland Security (DHS) or immigration officers. If you have, you may be unable to file Form I-589 except through the immigration court.

For Question 19, you will need to share your entries into the United States and visa status. Even if you entered without inspection or overstayed your visa, you must be honest. However, most immigration violations will not affect your asylum case if you did so to escape persecution. You can find your Form I-94 travel record on the Customs and Border Protection website .  

In this section, you will provide information about your spouse and children. USCIS wants to know whether they should grant asylum to your family members. 

For the section on your spouse, question 24 asks if you want to include your spouse on your application. If you include your spouse and USCIS grants you asylum, your spouse will also receive asylum. However, if USCIS refers your case to immigration court, your spouse could also face removal proceedings and deportation with you. If your spouse doesn’t want to risk this, you can indicate “no." They can file Form I-730 to get status after you receive asylum. 

For the section on your children, you should answer Questions 1-21 for each child, even if they are adults. If you have more than four children, you must attach “Supplement A, Form I-589.” Like for your spouse, you can choose if you want to include them on your asylum application. 

Part A.III 

In Part A.III, you will provide information about your background. You will share your last address, previous residences, education and employment, and information about your parents and siblings. 

Part B: Information About Your Application

In Part B, you will answer questions determining your asylum eligibility. It is crucial to be specific. To make your application credible, you should provide as many details as possible, including dates, names, and locations. You should use Supplement B or additional sheets of paper if you need more space to explain your case further. You can also provide documentation as evidence of your claims. It is better to provide more detail than less. 

In Question 1, you will explain the basis of your asylum claim. You need to check at least one of the first five boxes to be eligible, and you can indicate multiple boxes if they apply. If you also are applying for Withholding of Removal under the Convention Against Torture, check “Torture Convention.”

In Question 1.A., you should explain any harms, mistreatments, or threats relevant to your basis of asylum and the country you fled. If you can include damages or threats caused by government actors and evidence, this will strengthen your application. If you faced harm or threats from non-government actors, explain that the government was unwilling or unable to protect you from these events. If possible, try to have any family members or friends you name provide affidavits or sworn statements to support your claims. 

In Question 1.B., you need to explain if you fear harm or mistreatment if you return to your home country. You must check “yes” and explain to be eligible for asylum. 

Questions 2-4

In Question 2, USCIS wants to learn about your criminal history outside of the United States. However, you can also use this to explain why you or your family faced false accusations, detentions, interrogations, or imprisonment as it relates to your asylum claim. These cases can qualify as “persecution.” If this applies to you, provide records of your arrest, court proceedings, or imprisonment and why you believe you were targeted. However, if your arrests or prosecutions are irrelevant to your asylum claim, you should speak to an immigration attorney. Serious crimes that are irrelevant to your claim can prevent you from getting asylum. 

In Question 3.A., you will explain your membership in any organization or group. USCIS wants to determine if you are a part of a group that has persecuted others or involved itself in terrorism. Membership could bar you from receiving asylum. If so, you should talk to an attorney. However, you can also show you participated in activist, media-related, political, or religious activities. If the government or other actors targeted these organizations, explain your role in the group and any leadership positions you held. 

In Question 3.B., you should explain and provide evidence as to whether you and your family members are still part of these groups. Remaining a member can indicate your dedication to the organization and show how you cannot simply leave the organization to avoid persecution. It can improve your asylum case. 

In Question 4, you will explain if you fear torture upon returning. Do not answer “yes” unless you genuinely fear torture. However, if you are applying under the Convention Against Torture, you need to indicate “yes” and explain to qualify.  

Part C: Additional Information About Your Application

In Part C, the yes or no questions will indicate if you have done anything that could hurt your chances for asylum. You will need to explain if you answer “yes” to any of the questions. 

For Question 1, you will indicate if you previously requested asylum and faced denial from USCIS, an immigration judge, or the Board of Immigration Appeals. If you had any change in circumstances that affected your eligibility or if your family members with a similar case successfully received asylum, it could improve your case. However, if USCIS denied your claim due to criminal history, your outcome will likely not change.

For Questions 2.A. and 2.B., you will provide information about previous travel and residence abroad. USCIS wants to know whether you could return to a third country that is not the United States or your home country and not face persecution there. If relevant, you need to explain why you didn’t apply for asylum there. If you did apply for asylum, you would need to present your case outcome. You will likely have to answer questions about this in your asylum interview with an asylum officer. If another country offered you the opportunity to become a permanent resident, but you refused without a valid reason, you will not be eligible for U.S. asylum. 

Questions 3-6

In Question 3, if you were involved in persecuting others, you would be ineligible for asylum. If you answer “yes,” you need to explain why you participated. For example, if relevant, you could clarify that others forced you to join. You should provide evidence for these claims, such as articles from humanitarian groups that verify this information. 

In Question 4, you will explain if you left your home country and later returned. You will need to explain how circumstances changed since you returned or about extenuating events that required you to return, such as a severe illness from a family member. If you are not convincing enough, USCIS may decide you don’t genuinely fear returning. 

In Question 5, if you are not applying within one year of arriving in the United States or one year of your legal status expiring, you will need to explain what “extraordinary circumstances” delayed your filing. These could include illness or changing circumstances in your home country. You should consult an attorney if you are applying after the one-year deadline. 

In Question 6, you will explain if you or your family have faced arrest or conviction for a crime in the United States. If relevant, you should consult an immigration attorney. 

Part D Through Part G

In Part D, if applicable, you will print your name in English and your native language. You would indicate if a spouse, parent, or child helped with your form. 

In Part E, you will declare if an attorney, nonprofit employee, or other accredited representative helped you prepare the form. 

Do not fill in Part F and Part G. Part F will be completed at your asylum interview, if applicable. Part G will also be completed, if applicable, at your removal hearings when you appear before an immigration judge of the Executive Office for Immigration Review (EOIR). 

Supporting Documents & Evidence To Submit With Your Asylum Application

In addition to your form, you will need to provide supporting documents. You should attach two passport photos to your application on page 9. Write your full name and A-number in pencil on the back of the images. If you don’t have an A-number, write “A# None.” 

If you are including family members in your asylum application, you should follow these steps for them too. You should make a copy of your application, attach two passport photos of your family member, and write their full name and A-number. Again, if they do not have an A-number, indicate “A# None.” 

Document List

You should also include copies of these documents: 

Your birth certificate

Your marriage certificate , if relevant

Your passport or travel document (every page, including front and back covers) 

Your I-94, if you arrived in the United States with a visa, through the visa waiver program, or if you received parole

If you arrived after May 2013, this information is online, and if you arrived before May 2013, you should have a piece of paper stapled to your passport 

If you include your spouse on your application, you should include this information: 

Your spouse’s birth certificate

Your spouse’s passport or travel document (all pages) 

Your spouse’s I-94, if applicable

Your marriage certificate proving your marriage 

Proof of termination of any prior marriages (such as a divorce judgment) for you and your spouse 

If you are including your child on your application, you should also include this information: 

Your child’s birth certificate

Your child’s passport (all pages)

Your child’s I-94, if applicable 

If you or a family member on your application faced arrest or conviction in the United States, you need to submit records of this violation. If you don’t have documents, you should explain you will look for them and provide them in the future. If your documents are not in English, you need to include a certified translation . 

Other Documentation

You need to make copies of this entire application package. If you apply with USCIS, you need one original, one copy, one additional copy for each family member included, and one copy to keep for your records. If you apply through immigration court, you need one original for the judge, one copy for the government attorney, and one copy for your records. 

You must also submit additional evidence that verifies the general conditions of the country for which you seek asylum and the facts of your specific claims. If this information is unavailable or you are not submitting it yet, you should explain why in Supplement B. This information is crucial to proving your case and validating your claim. This additional evidence could include: 

Newspaper articles

Affidavits of witnesses or experts

Medical or psychological records

Doctors’ statements

Photographs 

Official documents

Personal statements 

How To File Your Completed Form I-589

Filing your completed form depends on whether you’re filing through USCIS or facing removal proceedings in immigration court. 

If you are filing through USCIS, you must mail your application package to the correct address or P.O. box, depending on where you live. For example, if you live in Arizona or Vermont, you will mail your package to the California Service Center. However, if you live in certain Nevada counties, you’ll send your package to the Nebraska Service Center. If you are from the U.S. Virgin Islands, you will mail it to the Texas Service Center. This system can be confusing, so look up where to send your package on USCIS’s official site under “Where to File.” 

Filing While Facing Removal Proceedings

If your case is currently in immigration court, you will submit your application to the court and the government attorney. You have three different options. First, you could submit your package in person during your hearing. You would give the original and copies to the judge, who will stamp them. The judge will keep the original, and you will then give one copy to the attorney and keep one copy. 

Second, you could submit your package in person at the filing window in immigration court. You will need to prepare a certificate of service or proof you gave your package to the attorney. You will bring all these documents, including the certificate, to the court. The clerk will stamp these documents and keep the original copy and the certificate of service. You should keep one copy for yourself and deliver one stamped copy to the government attorney. You can mail it to them or provide it to their office. Usually, their office will be in the same building as the immigration court. You can find their address online here . 

Finally, you can mail your application to both the court and the government attorney. Again you will need a certificate of service. You should use a mail service that offers tracking. First, you will mail the original copy and the certificate to the immigration court address . Then, you should ship a copy to the government attorney’s address . Keep the final copy for yourself. After submitting your application to the court, keep in mind that you will also need to send other documents to USCIS to schedule a biometrics appointment. 

Form I-589 Filing Fee and Processing Time

There is currently no fee to file Form I-589. You should receive a decision on your application within 180 days of the date you filed your application unless you have exceptional circumstances. If you don’t complete the form correctly, you could face processing delays.

Tips for Filling Out Form I-589

To avoid delays in processing, follow these tips: 

Make sure to apply within the one-year deadline, or you could face arrest from immigration authorities. 

Be honest always. If you lie, you could become permanently inadmissible to the United States. If USCIS finds that you knowingly were dishonest, you may be ineligible for any immigration benefits in the future. 

Be consistent with previous applications or explain any discrepancies and provide evidence of the truth. 

If you can’t remember specific dates, enter your best guess and try to provide evidence for it. 

Use extra pages if you need more space. You should do this through “Supplement B, Form I-589.” You can make additional copies of this page and attach them. 

Don’t forget to sign your form in Part D, as USCIS will reject unsigned forms. 

Use the most recent form version by checking the USCIS site . 

USCIS prefers that you complete the form electronically and then print them out. However, if you handwrite, use black ink and print legibly. 

If you make an error, you should start over with a new form. 

Do not use highlighters or correction fluid. The scanners cannot correctly read information this way. 

If you file multiple forms, write your name, date of birth, and A-number, if applicable, the same way on each form. 

Submit single-sided copies of your application. 

Continue reading and learning!

Asylum System: Understanding asylum seeking in the US

Personal statements and the i-589.

Once a migrant steps foot into the United State, they should assume anything they say to a person of authority is being recorded. Beginning with officers at ports of entry through to the asylum officers or immigration court, all records will follow a migrant within the US.

Prioritize honesty in any application and statements made to US government authorities. If the government finds inconsistencies, they will deny an asylum application and could prevent other possibilities of obtaining legal immigration status in the US.

Migrants should remember to include all the reasons they are afraid to return to their home country. US authorities want to know details of incidents and how they tie to personal identity. If someone seeking asylum can’t remember a detail, like a date, do not guess .

Four key points to emphasize: (1) that they have been harmed or could be harmed in their country of origin, (2) that this harm ties to their personal identity (race, religion, ethnicity, political opinion, or belonging to a particular social group), (3) that their home country’s government is directing the harm or will not intervene to help, and (4) that even if they relocated within the home country they would not be safe. Include details relevant to what, who, why, would their government help and if the asylum-seeker could move somewhere within their country to be safe.

For filling out and filing an i-589 (asylum form) check out this video: https://www.youtube.com/watch?v=8vsYjgttTUI

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Questions and Answers: Affirmative Asylum Eligibility and Applications

ALERT: Court Order on Circumvention of Lawful Pathways Final Rule

On Aug. 3, 2023, the U.S. Court of Appeals for the Ninth Circuit issued a stay of the U.S. District Court for the Northern District of California’s order in  East Bay Sanctuary Covenant v. Biden , 18-cv-06810 (N.D. Cal.), vacating the Circumvention of Lawful Pathways (CLP) rule . At this time and while the stay remains in place, USCIS will continue to apply the CLP rule.

Under the rule, certain individuals who enter the United States through its southwest land border or adjacent coastal borders are presumed to be ineligible for asylum, unless they can demonstrate an exception to the rule or rebut the presumption. Individuals are encouraged to use lawful, safe, and orderly pathways to come to the United States.

ALERT: Interpreters at Affirmative Asylum Interviews

Starting Sept. 13, 2023, affirmative asylum applicants must bring an interpreter to their asylum interview if they are not fluent in English or wish to have their interview conducted in a language other than English. Your interpreter must be at least 18 years old and fluent in English and a language you speak fluently.

Sign language interpreters are the only exception to this requirement. USCIS continues to provide sign language interpreters as a disability accommodation. Follow the instructions on your interview notice to request this disability accommodation.

If you need an interpreter and do not bring one, or if your interpreter is not fluent in English and a language you speak, and you do not establish good cause, we may consider this a failure to appear for your interview and we may dismiss your asylum application or refer your asylum application to an immigration judge. We will determine good cause on a case-by-case basis.

On Sept. 23, 2020, USCIS published a temporary final rule (TFR) requiring affirmative asylum applicants to use our contracted telephonic interpreters for their asylum interviews, instead of bringing an interpreter to the interview. We published this TFR to reduce the spread of COVID-19 during asylum interviews with USCIS asylum officers while the COVID-19 national emergency and public health emergency were in effect. We published four subsequent TFRs extending the requirement, with the current extension effective through Sept. 12, 2023. This fourth extension provided additional time after the national and public health emergencies expired to allow USCIS to prepare to return to the prior regulatory requirement. With the expiration of the TFR, we revert to a long-standing regulatory requirement for an affirmative asylum applicant to provide an interpreter under 8 CFR 208.9(g).

If you were placed in expedited removal proceedings, you received a positive credible fear determination, and USCIS retained your asylum application for further consideration in an Asylum Merits Interview, please visit our Asylum Merits Interview with USCIS: Processing After a Positive Credible Fear Determination page.

You may apply for asylum if you are at a port of entry or in the United States. You may apply for asylum regardless of your immigration status and within 1 year of your arrival to the United States.

You will not be eligible to apply for asylum if you:

Filed your application after being in the United States for more than 1 year. However, you may qualify for an exception if you show

• Changed circumstances materially affecting your asylum eligibility for asylum or
• Extraordinary circumstances relating to your delay in filing.

You must still file your application within a reasonable time under the circumstances to be eligible for an exception.

Changed circumstances may include but are not limited to:

• Changes in conditions in your country of nationality or, if you are stateless, your country of last habitual residence
• Changes in your circumstances that materially affect your eligibility for asylum, including changes in applicable U.S. law and activities you become involved in outside the country of feared persecution that place you at risk
• If you were previously included as a dependent in someone else’s pending asylum application, the loss of the spousal or parent-child relationship to the principal applicant through marriage, divorce, death, or attainment of age 21

Extraordinary circumstances may include but are not limited to:

• Serious illness or mental or physical disability, including any effects of persecution or violent harm suffered in the past, during the 1-year period after your arrival in the U.S.
• Legal disability, such as your status as an unaccompanied child or you suffered from a mental impairment, during the 1-year period after your arrival in the U.S.

Ineffective assistance of counsel, if:

• You file an affidavit explaining in detail the agreement that you had with your lawyer about the actions to be taken by your lawyer on your behalf and what your lawyer told you he or she would do for you
• You have informed the lawyer whom you are criticizing of the accusations against him or her and the lawyer has been given an opportunity to respond
• You indicate whether you have filed a complaint with appropriate disciplinary authorities about any violation of your lawyer’s ethical or legal responsibilities, and if not, why not
• You had Temporary Protected Status (TPS), lawful immigrant or nonimmigrant status, or you were given parole, until a reasonable period before you filed your asylum application
• You filed an asylum application before the expiration of the 1-year deadline, but USCIS rejected your application as not properly filed, returned the application to you for corrections, and you re-filed your application within a reasonable time after the return
• The death or serious illness or incapacity of your legal representative or a member of your immediate family

For a list of circumstances that may be considered changed or extraordinary circumstances, see 8 CFR 208.4 and the Asylum Bars  page.

You will be barred from applying for asylum if you previously applied for asylum and were denied by the Immigration Judge or Board of Immigration Appeals, unless you demonstrate that there are changed circumstances which affect your eligibility for asylum.

You will also be barred if you could be removed to a safe third country to a two-party or multi-party agreement. Currently, the United States has a safe third country agreement with Canada that does not apply to you if you are applying for asylum affirmatively with USCIS. The Agreement only applies in Credible Fear Screenings. For more information about the safe third country agreement with Canada, see the Questions & Answers: Credible Fear Screenings  page. For more information about bars to applying, see the  Asylum Bars page.

In the affirmative asylum or defensive asylum processes, to apply for asylum, you must complete a Form I-589, Application for Asylum and for Withholding of Removal . For more information about applying for asylum in the affirmative or defensive asylum processes, see the Obtaining Asylum in the United States  and the  Affirmative Asylum Process  pages.

If you were placed in expedited removal proceedings, you received a positive credible fear determination, and USCIS retained your case for further consideration of your eligibility for asylum in an Asylum Merits Interview, please visit our Asylum Merits Interview with USCIS: Processing After a Positive Credible Fear Determination page for information on the procedures that apply to your case. If this applies to you, you do not need to file a Form I-589. See the Form I-589 page for more information.

Yes. You may apply for asylum with USCIS regardless of your immigration status if:

• You are not currently in removal proceedings
• You file an asylum application within 1 year of arriving to the United States or demonstrate that you are within an exception to that rule.

Yes, but you may be barred from being granted asylum depending on the crime. You must disclose any criminal history on your Form I-589, Application for Asylum and for Withholding of Removal, and at your asylum interview. If you do not disclose such information, your asylum claim will be referred to the immigration court and may result in fines or imprisonment for committing perjury. For more information on bars to receiving asylum, see the Asylum Bars  page.

You must list your spouse and children on your Form I-589, Application for Asylum and for Withholding of Removal, regardless of whether they are:

• Alive, missing or dead
• Born in other countries or in the United States
• Under 21 years old or adults
• Married or unmarried
• Living with you in the United States or elsewhere
• Stepsons or stepdaughters or legally adopted;
• Born when you were not married
• Included in your asylum application or filing a separate application

You may include your spouse as a dependent on your asylum application. You may also include your children if they are:

• Under the age of 21
• In the United States

You should bring your family members to your asylum interview. If you are granted asylum status, family members included on your application will also be granted asylum status (unless they are barred from asylum) and will be allowed to remain in the United States. If you are referred to the Immigration Court, your family members will also be referred to court for removal proceedings if they are not in legal status.

If you are granted asylum and your spouse and any unmarried children under 21 years old are outside the United States, you may file a Form I-730, Refugee and Asylee Relative Petition , for them to obtain derivative asylum status. For more information about benefits for your dependents, see the Family of Refugees & Asylees  page.

We will send you a notice to go to a USCIS Application Support Center (ASC) to have your fingerprints taken after we receive your asylum application. You are exempt from the fingerprinting fee and do not need to submit a fingerprint card. Your spouse and children will also need to be fingerprinted if they are between 12 years and 9 months of age and 79 years of age. For ASC locations, see the ASC Locator  page.

Yes. Every individual who applies for asylum will be subject to a series of background and security checks. If you are not eligible for a final grant of asylum, your application may be referred to Immigration Court for removal proceedings. Background and security checks consist of:

• FBI check on your biographical information and fingerprints
• Check of your biographical information against law enforcement databases.

Your child will continue to be eligible as a dependent on your asylum application if they turned 21 after you filed your application and while it remains pending. For more information about derivative asylum, see the Family of Refugees & Asylees page.

There is no fee to apply for asylum.

The asylum officer will determine if you are eligible for asylum by evaluating whether you meet the definition of a refugee. See section 101(a)(42) of the Immigration and Nationality Act (INA). We will make the determination of whether you meet the definition of a refugee based on information you provide on your application and during an interview with an asylum officer.

The asylum officer will also consider whether any bars to asylum apply. You will be barred from being granted asylum if you:

• Ordered, incited, assisted, or participated in the persecution of any person on account of race, religion, nationality, membership in a particular social group, or political opinion
• Were convicted of a serious crime (including aggravated felonies)
• Committed a serious nonpolitical crime outside the United States
• Pose a danger to the security of the United States
• Were firmly resettled in another country prior to arriving in the United States

For more information on bars to asylum, see the Bars to Applying and Receiving Asylum page.

A decision should be made on your asylum application within 180 days after the date you filed your application unless there are exceptional circumstances. For more information about the step-by-step asylum process, see the Affirmative Asylum Process  page.

The legal provisions governing the Asylum Program can be found in Section 208 of the INA. Rules concerning eligibility requirements and procedures can be found at 8 CFR 208 . Asylum officers also rely on case law to adjudicate asylum claims. Administrative decisions made by the Board of Immigration Appeals (BIA) can be found on the BIA Appeals  page.

You have a right to bring a lawyer or representative to your asylum interview and to immigration proceedings before an immigration court. See the Finding Legal Advice  page.

Representatives of the United Nations High Commissioner for Refugees (UNHCR) may also be able to assist in identifying persons to help you complete your Form I-589. The current address of the UNHCR is:

United Nations High Commissioner for Refugees 1775 K Street, NW, Suite 300 Washington, DC 20006 Telephone: (202) 296-5191

For more information about UNHCR, see the United Nations High Commissioner for Refugees  website.

You must bring an interpreter if you do not speak English fluently. The interpreter must be fluent in both English and a language you speak and must be at least 18 years old. USCIS does not provide any interpreters during the asylum interview. The following people cannot serve as your interpreter:

• Your attorney or representative of record
• A witness testifying on your behalf at the interview
• A representative or employee of your country

If you have a document that is not in English, you are required to provide a certified translation of the document in English.

You can find out the status of a pending asylum application by sending a written inquiry or by visiting the asylum office with jurisdiction over your case. Please provide in writing the following information when you write to the asylum office:

• Your A-Number (the 8- or 9-digit number following the letter "A")
• Your legal name and, if different, the name as it appears on the application
• Your date of birth
• Date and location of your asylum interview, if applicable

You may also inquire at the asylum office where your case is pending. See the Asylum Office Locator  page.

You can check also your Case Status Online . All you need is the receipt number that we mailed you after you filed your application.

If you applied for asylum and have not yet received a decision, you should not leave the United States without first obtaining advance parole. Advance parole allows certain individuals to return to the United States without a visa after traveling abroad. If you leave the United States without first obtaining advance parole, we will presume you abandoned your asylum application. Advance parole does not guarantee that you will be allowed to reenter the United States.

To obtain advance parole, you must file Form I-131, Application for Travel Document. For more information about travel documents, see the Fact Sheet: Traveling Outside the United States as an Asylum Applicant, an Asylee, or Lawful Permanent Resident Who Obtained Such Status Based on Asylum Status (PDF, 45.16 KB) .

If you plan to depart the United States after being granted asylum, you must obtain permission to return to the United States before departure by obtaining a refugee travel document. Your spouse and children who were granted asylum must also obtain refugee travel documents before leaving as well.

A refugee travel document may be used for temporary travel abroad and is required for readmission to the United States as an asylee. If you do not obtain a refugee travel document in advance of departure, you may be unable to reenter the United States, or you may be placed in removal proceedings before an immigration judge.

To obtain a refugee travel document file Form I-131, Application for Travel Document .

Yes, asylum-related information may not be shared with third parties without the asylum applicant’s written consent or the Secretary of Homeland Security’s specific authorization.

Yes. For more information on children applying for asylum, see the Asylum Procedures for Minor Children  page.

• Table of Contents
• Preface & Acknowledgements
• Acronyms & Abbreviations
• 1. A Brief History
• 2. Sources of Law
• 3. Elements of Asylum Law
• 4. Precedential LGBTQ/H Asylum Cases
• 5. The One-Year Filing Deadline
• 6. Withholding of Removal
• 7. Relief Under CAT
• 8. Voluntary Departure
• 9. Real ID Act
• 10. Safe Third Country
• 11. Challenging Asylum Cases
• 12. Working with Asylum Seekers
• 13. Working with LGBTQ/H Asylum Seekers
• 14. Elements of an Application
• 15. Preparing the I-589
• 16. Sample I-589
• 17. Preparing the Asylum Declaration
• 18. Declaration Dos and Don’ts
• 19. Annotated Sample Declaration
• 20. Corroborating Client-Specific Documents
• 21. Corroborating Country Conditions
• 22. Indexed Country Conditions Sample
• 23. Sample Cover Letter
• 24. Assembling Everything
• 25. Affirmative Application Process
• 26. Immigration Court Proceedings
• 27. Board of Immigration Appeals
• 28. Federal Court Review
• 29. Detained Asylum Seekers
• 30. Obtaining an Employment Authorization Document
• 31. Asylee Status
• 32. Withholding Status
• 33. CAT Status
• Important Resources

18. Declaration Dos and Don’ts

The information contained herein is for reference only and may not be up to date. It does not constitute legal advice. You should always consult an attorney regarding your matter.

• Assist the applicant to shape their declaration.  Some attorneys feel like since the declaration is the applicant’s own story, it should be submitted to DHS in exactly the form that applicant first writes it. The declaration is in many ways the most important part of the asylum application. This is where the attorney can play the biggest role, working with the applicant to draw out important details and explaining why other details are not relevant and best left out.
• Organize the declaration chronologically and/or thematically.  Include bold point headings to make it easier for the reader to locate relevant sections of the declaration.
• Include dates whenever possible.  Of course the applicant won’t remember the exact date of an incident which happened many years ago, but they may remember that the incident happened during a particular season or while in a particular grade at school. The more specific the information, the more believable the story. Dates also make it easier for the adjudicator to read and follow the storyline.
• Include detailed information about the applicant’s “coming out” experience.  Before the adjudicator will determine whether or not the applicant has suffered or will suffer persecution, the adjudicator must decide whether or not they believe that the applicant actually is LGBTQ/H-identified. The best way to prove this is through detailed accounts of the applicant’s feelings about being LGBTQ/H, their first romantic relationships with a member of the same sex (if applicable), their first serious relationship (if applicable), etc. It is not necessary or appropriate to include graphically sexual information in this section (though it may be appropriate to do so in sections of the declaration describing incidents in which the applicant was raped or sexually abused).
• Include detailed accounts of specific examples of mistreatment that the applicant suffered.  While it’s okay for the applicant to make broad statements like “the police attacked me many times,” it is critical to the claim for the applicant to provide detailed accounts of exactly what happened. This means including the who, what, and when of each incident that’s relevant to the claim. The incidents of past mistreatment are the heart of the claim, and it is the details of each incident which make the application come alive.
• Include detailed accounts of specific examples of mistreatment that people the applicant knew/knows suffered.  An asylum application is based on past persecution and/or fear of future persecution. Thus, if an applicant’s former partner, neighbor, or co-worker is gay-bashed or wrongfully arrested, it’s important to detail what happened and the reason this increased the applicant’s fear.
• Include enough information about the applicant’s life to tell their story completely.  While the focus of the declaration should be on the harm and fear of harm the applicant faces, the declaration should also include enough information about the applicant’s life to tell their story completely. This should include: where they lived, where they attended school or worked, whether they had a partner, how their relationship was with their family, etc.
• Address difficult issues head-on.  Asylum adjudicators are trained to spot issues which affect the outcome of the case, so don’t hope that if you leave a tough issue out of the declaration the adjudicator won’t notice it. If the applicant was previously married, made many return trips to their country of origin, has an arrest for shoplifting, etc., then the declaration presents an opportunity for them to explain fully why they did what they did in the past and why they should still be eligible for asylum.
• Use language that applicants would not use themselves.  Avoid legalese, legal conclusions, idiomatic expressions, or words that are not in the applicant’s vocabulary. Although it’s an attorney’s job to help draft the declaration, you don’t want the adjudicator to question the applicant about a phrase in the declaration which the applicant clearly doesn’t understand. On the other hand, if the applicant’s English is less than perfect, you should not write the declaration in broken English. Just try to keep the language simple.
• Draw legal conclusions.  Describe the harm the applicant suffered and the harm they fear in the future, but avoid drawing legal conclusions (this is your job as an attorney writing a brief, and the job of the adjudicator in coming to a decision, but not the job of the applicant in relating the facts of her case). Thus, it’s better to say something like, “The first time the police detained me was … ” than to draw the legal conclusion with “The first time I was persecuted by the police was …”
• Include economic motivations to come to the United States.  When an asylum-seeker leaves their country, there may be many reasons that they choose to come to the United States. The hope of greater economic opportunity may be one such reason, but this is not something to highlight in the applicant’s declaration. Many asylum adjudicators fear that asylum applicants are really only seeking asylum for economic reasons, and there’s no reason to draw attention to this fear. If economic opportunity is the primary reason the individual wants to stay in the United States, they probably shouldn’t be applying for asylum.
• Include anything that is untrue.  Your client may have friends who have won asylum and been encouraged by unscrupulous lawyers or notarios to embellish their stories or make up a claim. There is no more serious wrong in immigration law than intentionally fabricating information in an asylum claim. Be sure your client knows and understands this.  See   Section # 3.5  on frivolous applications.
• Include information that doesn’t make sense to you just because your client insists it’s true.  If something sounds implausible to you, it will almost certainly sound implausible to the adjudicator. Work with your client to understand what happened and to reach a point where you understand the incident.

This Manual is intended to provide information to attorneys and accredited representatives. It is not intended as legal advice. Asylum seekers should speak with qualified attorneys before applying.

This handbook is intended for use by pro bono attorneys and immigration attorneys working on LGBTQ/HIV asylum cases.

Self-help asylum guides for LGBTQ and HIV-positive people without attorneys.

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