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Home » USCIS Cover Letter Samples: A Complete Guide

USCIS Cover Letter Samples

Sample uscis cover letter by form type.

Form I-90 | Form I-129F | Form I-130 | Form I-131 | Form I-485 | Form I-751 | Form I-765 | Form I-821D | Form N-400 | Form N-565 | Form N-600

A cover letter is an overview document that gives the USCIS officer a quick summary of what to expect in the application package. Generally, it should include an outline of the contents. In some cases, it may be a good way to communicate any special circumstances that you have.

Use each sample USCIS cover letter as an example only. You’ll need to customize it to fit your own specific situation. Although supporting documents listed in the letter may be representative of a typical case, you may need different evidence based on the way you prepared the USCIS form. Use CitizenPath to get step-by-step instructions and a checklist of supporting documents.

Form I-90 Cover Letter Sample

Form i-129f cover letter sample, form i-130 cover letter sample, form i-131 cover letter sample, form i-485 cover letter sample, form i-751 cover letter sample, form i-765 cover letter sample, form i-821d cover letter sample, form n-400 cover letter sample, form n-565 cover letter sample, form n-600 cover letter sample, tips when writing a letter.

The USCIS generally is not required when filing an immigration application or petition. However, it is recommended. A well written letter projects care and professionalism. If you present your case with pride and attention to detail, it’s more likely that a USCIS officer will notice the importance you place on the request. With this in mind:

• Keep your cover letter short and simple;
• Use typed English on single-sided white paper;
• Proofread before sending.

What to Include in Your USCIS Cover Letter

Our examples are for informational purposes only. You must review and customize the letter for your specific use. In general, a USCIS cover letter should contain the following elements:

• USCIS address
• Date of filing
• Subject line that identifies the relevant benefit
• Short introductory paragraph describing the purpose of the letter
• List of the documents in your package that support your request for the immigration benefit
• Name and signature

The USCIS filing fee, supporting documents, and mailing address will vary based on form and other factors. You may find this information on the USCIS website . If you’re using CitizenPath to prepare your application or petition , you’ll receive filing instructions that are customized to your situation. Our filing instructions include easy-to-follow directions and a checklist of supporting documents.

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I-589, Application for Asylum and for Withholding of Removal

ALERT: If you are currently in EOIR proceedings please refer to revised pre-order instructions on biometrics collection for Form I-589 applicants. All I-589 applicants in EOIR proceedings must refer to the 12/16/2024 revised pre-order instructions that may be found here:  Instructions for Submitting Certain Applications in Immigration Court and For Providing Biometric and Biographic Information to U.S. Citizenship and Immigration Services .These instructions provide that I-589 applicants will no longer need to mail USCIS information to complete their biometrics collection.

Alert: If you already have a Form I-589 pending with USCIS as a principal applicant, please do not submit another Form I-589 as a principal applicant. Effective Oct. 28, 2024, we will reject any Form I-589 filed on paper at the Lockbox if the principal applicant already has a pending Form I-589 as a principal applicant.   We are making this change to improve efficiency.   This change also is consistent with our current practice to reject duplicate Forms I-589 filed online by the same principal applicant. If you need to update a Form I-589 that you already filed as a principal applicant, you may contact the asylum office where your Form I-589 is pending. If you are already listed as a derivative applicant on a pending Form I-589, and you want to submit a simultaneous filing as a principal applicant, see the “Special Instructions” section below for more information.

We understand that we previously allowed multiple paper filings, but to increase efficiency we will no longer accept Form I-589 filed on paper at the Lockbox if the principal applicant already has a pending Form I-589 as a principal applicant. Allowing applicants to update prior filings at the appropriate asylum office is more efficient.

ALERT : Applying for Asylum with USCIS for Ms. L. Settlement Class Members

On Dec. 11, 2023, the U.S. District Court for the Southern District of California approved a class action settlement agreement in Ms. L. v. ICE , 18-cv-00428 (S.D. Cal.) (“Settlement Agreement”). This lawsuit relates to families who were apprehended together by the U.S. government at the U.S.-Mexico border between Jan. 20, 2017 and Jan. 20, 2021, but were then separated and kept apart. The Settlement Agreement provides benefits for Ms. L.  Settlement Class members applying for asylum. For more information, please visit our   Applying for Asylum with USCIS for Ms. L. Settlement Class Members page.

ALERT:  Important Information About Where to File Form I-589

Effective May 9, 2024, we will reject affirmative asylum applications improperly filed at service centers instead of at the lockbox with jurisdiction over your place of residence. We  announced this change in filing location on May 31, 2023, and finalized the associated Form I-589 revision in the Federal Register, 88 FR 60703 (Sept. 5, 2023).  We expect this change to help streamline asylum processing and improve adjudication efficiency by digitizing paper filings.

Certain categories of affirmative asylum applicants must continue to mail their applications directly to the Asylum Vetting Center. Unaccompanied children (UCs) in immigration court proceedings must mail their applications to the lockbox. Online filing is also available to affirmative asylum applicants who are not in immigration court proceedings and who do not have to submit their application to the Asylum Vetting Center. See the “Where to File” and “Special instructions” sections below for more information and to learn where to file your application. You can also use our  Filing Instructions Tool  to determine where to file your Form I-589.

ALERT: Filing Tips for Affirmative Asylum Applications

USCIS is seeing an increase in the submission of paper-filed affirmative asylum applications that we must reject because they are incomplete or improperly filed. To avoid rejections and processing delays when filing Form I-589 with USCIS, it is important to properly submit a complete and signed application to the correct location.

• Carefully review the Form I-589 Instructions and ‘Form Filing Tips’ section below to ensure your asylum application is complete and on the correct 03/01/2023 edition of the form.
• File your Form I-589 in the correct location. See the ‘Where to File’ section below for more information. You can also use our Filing Instructions Tool to determine where to file your Form I-589.

ALERT:  Expeditious Asylum Adjudication for Certain Afghans

On Sept. 30, 2021, the president signed the  Extending Government Funding and Delivering Emergency Assistance Act . At the direction of Congress, citizens and nationals of Afghanistan or persons with no nationality who last habitually resided in Afghanistan, and who meet eligibility criteria, are entitled to certain benefits, including rapid adjudication of asylum applications.

Please follow the specific instructions on our Information for Afghans page.

Use this form to apply for asylum in the United States and for withholding of removal (formerly called “withholding of deportation”). You may file for asylum if you are physically present in the United States and you are not a U.S. citizen.

Obtain asylum in the United States by:

• Filing for affirmative asylum if you are not in proceedings before the Executive Office for Immigration Review (EOIR); or
• Filing for asylum defensively if you are in proceedings in front of an immigration judge or the Board of Immigration Appeals (BIA) at EOIR. See “Where to File” section below for information about how to determine if you are in proceedings before EOIR.

If you fail to file Form I-589 within 1 year of your arrival in the United States, you may not be eligible to apply for asylum under section 208(a)(2)(B) of the Immigration and Nationality Act (INA).

May I file my Form I-589 with USCIS?

Filing Instructions Tool

The Filing Instructions Tool provides information about where to file Form I-589 based on the information that you provide. The tool does not determine whether you are eligible for asylum.

For more information on whether you may file Form I-589 with USCIS, review the “Where to File” section below.

If you are eligible to file Form I-589 with USCIS, review the “Where to File” and “Special Instructions” sections below to learn whether you may file your Form I-589 online, or if you must file by mail.

Form Details

Form I-589 (PDF, 822.81 KB)

Instructions for Form I-589 (PDF, 341.72 KB)

03/01/23 . You can find the edition date at the bottom of the page on the form and instructions.

Dates are listed in mm/dd/yy format.

If you complete and print this form to mail it, make sure that the form edition date and page numbers are visible at the bottom of all pages and that all pages are from the same form edition. If any of the form’s pages are missing or are from a different form edition, we may reject your form.

If you need help downloading and printing forms, read our instructions . 

Who May File with USCIS

You may file your affirmative Form I-589 with USCIS if you are not a U.S. citizen, are physically present in the United States, and:

• You have never been issued an A-Number; or
• You have been issued an A-Number, but you are not currently in Executive Office for Immigration Review (EOIR) proceedings (see below for more information about how to check whether you are in EOIR proceedings); or
• You are in removal proceedings and are currently, or were previously determined to be, an "unaccompanied alien child" (UAC).

You may not file your Form I-589 with USCIS if you are currently in proceedings with EOIR, unless you are currently, or were previously determined to be, a UAC as defined in 6 U.S.C. § 279(g)(2). You must file your Form I-589 with EOIR if you are in proceedings before an immigration judge or before the Board of Immigration Appeals and you are not and were never determined to be a UAC.

These steps will help you determine whether you are in EOIR proceedings:

• Have you been issued an "Alien Number" (A-Number)? The A-Number begins with the letter “A” and is followed by 8 or 9 digits (for example, A123456789). This number is printed on Department of Homeland Security (DHS) and EOIR correspondence and documents, including USCIS, U.S. Customs and Border Protection (CBP), and U.S. Immigration and Customs Enforcement (ICE) documents.
• Calling the EOIR Automated Case Information Hotline toll-free in the United States at 800-898-7180 (TDD 800-828-1120) or 304-625-2050 (local toll call); or
• Checking the  EOIR Automated Case Information  online system.
• Use the EOIR hotline or online system to locate an address for the immigration court where you must file your Form I-589; or
• Find immigration court information on the  Department of Justice’s  website.
• If you are currently in EOIR proceedings and you were asked to provide your biometric and biographical information to USCIS for your Form I-589 filed with EOIR, please refer to the  Instructions for Submitting Certain Applications in Immigration Court and for Providing Biometric and Biographic Information to U. S. Citizenship and Immigration Services  and the Defensive Asylum Security and Background Checks and Biometrics Scheduling FAQs section of the Immigration Benefits in EOIR Proceedings page about how to submit this information.

Important:  If you file your Form I-589 anywhere other than the immigration court identified by the EOIR hotline or online system, EOIR will reject your Form I-589 and send you a notice that specifies the address where you should file your Form I-589. If you do not follow these instructions and any additional instructions from DHS or EOIR, your Form I-589 may be rejected or closed or it may take longer to process your Form I-589.

For more information about applying for asylum while in EOIR proceedings, see the section on Defensive Asylum Processing with EOIR on the  Obtaining Asylum in the United States  webpage.

Filing with USCIS

If you are eligible to apply for asylum with USCIS as outlined in the section above, you may file your Form I-589 with USCIS online or by mail depending on your situation. The mailing address to file your paper Form I-589 will depend on where you live and whether you are subject to the Special Instructions (see section below).

To determine whether you may file your Form I-589 with USCIS online or by mail, use our  Filing Instructions Tool .

Note:  You cannot file online and must file your Form I-589 by mail if:

• You are currently, or were previously determined to be, an unaccompanied alien child (UAC) as defined in 6 U.S.C. § 279(g)(2). UACs must file by mail to the address listed in the “Where to File with USCIS by Mail” chart below to ensure we identify their Form I-589 appropriately.
• You were previously in removal proceedings, but your removal proceedings were dismissed or terminated. Individual whose removal proceedings were dismissed or terminated and who seek to file a Form I-589 with USCIS must file by mail to the address listed in the “Where to File with USCIS by Mail” chart below to ensure their application is not rejected and the appropriate filing date is applied to the application. See the “Special Filing Instructions if EOIR Dismissed or Terminated Your Removal Proceedings, and You Want to Apply for Asylum with USCIS” section for additional information regarding the filing of Form I-589 for those applicants whose removal proceedings were dismissed or terminated by EOIR, including for applicants who previously filed a Form I-589 with EOIR before the dismissal or termination of their removal proceedings.
• DHS previously issued you a Form I-862, Notice to Appear (NTA), but the NTA was not filed with EOIR and you have never been in EOIR proceedings. You may file your Form I-589 with USCIS by mail using the address listed in the chart below. For more information about how we will process your Form I-589, see our  What Happens After You File Form I-589 With USCIS  page.
• Loss of Derivative Status After Asylum Approval but Before Adjustment of Status (Nunc Pro Tunc)
• Loss of Derivative Status After Initial Filing but Before Final Decision
• Simultaneous Filing as a Principal Applicant and a Derivative Applicant
• Previously Issued a Final Action by USCIS on a Form I-589

Note:  See the “Special Instructions” section below for additional information about specific filings as well as more information about when Form I-589 must be filed at the Asylum Vetting Center and the mailing instructions. If you must submit Form I-589 to the Asylum Vetting Center, you cannot submit it online or by mail to the locations listed in the chart below.

Where to File with USCIS by Mail

If you are not required to file your Form I-589 with the Asylum Vetting Center as indicated in the Special Instructions section of this page, then use this chart to determine where to mail your Form I-589.

You can find the filing fee for Form I-589 by visiting our Fee Schedule page.  

See our Filing Instructions Tool to determine whether to file your Form I-589 with USCIS online or by mail.

General Filing Tips for filing Form I-589 by mail:

• Review the instructions for eligibility requirements for yourself, spouse, and children.
• Use the 03/01/23 edition of the form. You can find the edition date at the bottom of the page on the form and instructions.
• Complete the form in English. This includes explanation fields on the form.
• Do not  submit passport-style photos, multiple copies of the form, or multiple copies of supporting documentation.
• If you already have a Form I-589 pending with USCIS, do not submit another Form I-589. Submitting another Form I-589 will not result in faster processing of your case and may cause additional delays.
• Once we have accepted your Form I-589 for processing, do not submit additional correspondence or evidence to the Lockbox or the Atlanta Vetting Center. You must submit these items to the local asylum office where we are processing your case.

Required Form Fields : We may reject your Form I-589 if the following form fields are blank:

• Complete Last Name (Question 4.)
• Residence in the U.S. (where you physically reside) (Question 8.). A complete address includes Street Number and Street Name, City, State, and Zip Code.  Applicants must reside in the United States.
• Date of Birth (Question 12.)
• Country of Birth (Question 13.)
• If you have more than 4 children, you must supply information about each additional child on Form I-589, Supplement A. Use additional copies of the Form I-589 Supplement A as needed to list all of your children.
• Questions 1. – 1.B.
• Questions 2. – 3.A.
• Question 4.
• Question 1.
• Questions 2.A. and 2.B., or
• The Explanation Box under Question 2.B.
• Questions 3. – 6.
• Signature of the Applicant (The person in Part A.1.)

Filing Tips:  Review our  Tips for Filing Forms by Mail  page for information on how to ensure we will accept your form.

We will reject any Form I-589 that is missing the explanation of why you are applying for asylum or that is missing any addendums that you reference in your Form I-589.

Do not forget to sign your Form I-589.  We will reject any unsigned form.

Applications that Must be Filed with the Asylum Vetting Center

Below are instructions for filing Form I-589 if you cannot file at the locations listed in the “Where to File” section above because your Form I-589 requires special handling.

When you file your Form I-589, you must include a letter explaining why you are filing with the Asylum Vetting Center and identifying which category below applies to your Form I-589. If your Form I-589 does not match any of the categories listed below, we will reject it, with instructions to file with the appropriate lockbox.

The following Forms I-589 must be filed with the Asylum Vetting Center:

• Loss of Derivative Status After Asylum Approval but Before Adjustment of Status (Nunc Pro Tunc):  If you are currently a derivative asylee, but you are unable to adjust status to lawful permanent resident due to a loss of derivative relationship, then you may submit a new Form I-589 and request a grant of asylum nunc pro tunc. In your letter, please provide information about your previous Form I-589 and explain that you are now filing independently as a principal applicant.
• Loss of Derivative Status After Initial Filing but Before Final Decision:  If you withdrew from a principal’s Form I-589 as a dependent, or if you lost derivative status by marriage, divorce, or death of the principal applicant, then you may submit Form I-589 as a principal applicant. In your letter, please provide information about your previous Form I-589 and explain that you are now filing independently as a principal applicant.
• Simultaneous Filing as a Principal Applicant and a Derivative Applicant:  If you are already listed as a derivative applicant on another pending Form I-589, you may file Form I-589 as a principal applicant. Also, you and your spouse may file separate Forms I-589 at the same time as principal applicants and list each other as derivative applicants. In your letter, please provide information about any previous Form I-589 and explain that you are now filing independently as a principal applicant.
• Previously Issued a Final Action by USCIS on a Form I-589:  If you previously filed Form I-589 with USCIS, you may be eligible to file a new Form I-589 with USCIS if you have not been placed into immigration court proceedings after USCIS denied or dismissed your Form I-589, including if we dismissed it after you withdrew your Form I-589.

If your Form I-589 matches a category listed above, you must mail your Form I-589 to USCIS at the address below:

Mailing by U.S. Postal Service (USPS):

USCIS Asylum Vetting Center P.O. Box 57100 Atlanta, GA 30308-0506

Mailing by FedEx, UPS or DHL:

DHS-USCIS Asylum Vetting Center 401 W. Peachtree St. NW, Suite 2500 Atlanta, GA 30308

Special Filing Instructions if EOIR Dismissed or Terminated Your Removal Proceedings, and You Want to Apply for Asylum with USCIS

If EOIR dismissed or terminated your removal proceedings, you may apply for asylum with USCIS by mail using the location listed in the “Where to File with USCIS by Mail” chart above in the “Where to File” section. You may not file online. Please see the How USCIS Processes a Form I-589 Filed After Removal Proceedings are Dismissed or Terminated  webpage for additional information on the handling of a Form I-589 filed with USCIS after your removal proceedings were dismissed or terminated:

For information about employment authorization based on a pending Form I-589 after dismissal or termination of your removal proceedings, see the “Special Instructions” section of the Form I-765 page.

• Affirmative Asylum Frequently Asked Questions
• The Affirmative Asylum Process
• Types of Affirmative Asylum Decisions
• Obtaining Asylum in the United States
• What Happens After You File Form I-589 with USCIS
• Revised Guidance on Informal (“Camp”) Marriages
• Asylum Merits Interview with USCIS: Processing After a Positive Credible Fear Determination

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 . 

• 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

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.

The information in this chapter refers to the most recent version of the Form I-589 application form (often simply called the “I-589”), which was revised on 12/29/14.

Please note that Citizenship and Immigration Services (CIS) revises this form from time to time. The form is available on the CIS website at  http://www.uscis.gov/i-589 . Please make sure that the most current version of the form online is the same as the one discussed herein. In any event, guidance on how to fill in the form should still be useful.

Also at that link are extensive instructions on how to complete the I-589—and on which Regional Service Center you should file it with when complete.

If you are filing the application affirmatively, your filing will (if timely) meet the one-year filing deadline, get the client a spot in line for an asylum interview (which will, sadly, take place long after the statutory, 45-day timeframe has elapsed)  1 , and start a 180-day clock ticking toward eligibility for a work permit. The same form is used to submit applications for asylum, withholding of removal, and relief under the Convention Against Torture, although Asylum Officers are only authorized to adjudicate the asylum claim (the other claims will be adjudicated only if the claim is referred by the Asylum Office to the immigration court).

» Practice Pointer: It is the filing of the I-589 itself that initiates the asylum application process. Thus, it is the date that the application is received by the Service Center or that the application is filed in Immigration Court that marks the filing date for purposes of determining whether or not an applicant has met the one year filing deadline. In all cases, you can file the I-589 initially, and submit all supporting documentation at a later date.

15.1 Filling out the I-589 Asylum Application Form

The purpose of this chapter is to guide the asylum applicant’s representative in the preparation of the application form itself.

The I-589 form is available online at  http://www.uscis.gov/sites/default/files/files/form/i-589.pdf . Unfortunately, this is not a “fillable” form as some CIS forms are. There are commercial companies which offer fillable and saveable immigration forms on cd disks to immigration practitioners. It is also possible to find free fillable versions of the I-589 online on private attorneys’ websites by doing a google search such as “I-589 fillable.” If you use one of these sites, make sure that the revised date on the lower right hand corner of the form matches the most recent version on the CIS website. While the data on web-based fillable forms cannot be saved electronically, you can write out the answers in Word or Wordperfect and cut and paste them into the fillable form. You can also print the form and type or handwrite the answers.

Convention Against Torture (CAT) Relief

In almost all cases, it is best to check the box at the top of page 1, as this helps to preserve CAT eligibility if the applicant’s case is referred to immigration court.

A. Part A: “Information About You”

The first part of the application requests biographical information about the applicant. This section collects information that may form an important part of the applicant’s claim. As with every part of the application, you must be careful to answer these questions correctly. Wherever the question asks for information that does not apply to the applicant or for which there is no answer you must write “not applicable” “N/A” or “none.” All questions on the Form I-589 must be answered. If an applicant fails to answer a question, the Service Center may reject and return the entire application.

1. Alien Registration Number (A-Number, or A#)

An “A-Number” is assigned to people who have ever filed an application with the legacy INS or CIS, or who have had a case in Immigration Court.

The A-Number is nine digit number (some older A-Numbers have eight digits, but are now rendered as nine-digit numbers with a zero at the beginning). Most applicants applying for asylum for the first time will not have an A-Number at the time the application is filed. If the applicant does not have an A-Number, the correct answer here is “None.”

2. Social Security Number

Most foreign nationals seeking asylum will not have a valid social security number in their name. If so, the correct answer is “None,” since the application asks only for the applicant’s social security number. If the applicant does possess a valid social security number, then this number must be entered in this space. Such a situation may arise, for example, if the applicant was in the United States on a student visa and had employment authorization. Some undocumented immigrants who have been in the United States for many years have valid social security numbers because, ten or more years ago, it was relatively easy for anyone who applied to obtain a Social Security number. Also note that some foreign nationals have IRS tax payer ID numbers called Individual Taxpayer Identification Numbers or “ITINs.” These are not social security numbers and should not be included in this box.

3. Complete Last Name

This refers to the applicant’s family name or surname, including two last names such as “Mendez-Robles.” If there is any doubt as to which part of an applicant’s name is the surname, it may be easiest to refer to the applicant’s passport or other identification document. To avoid confusion, it may be helpful to enter the applicant’s last name in all capital letters to distinguish this part from the applicant’s first and middle names and to repeat this style throughout the application.

» Practice Pointer: Sometimes asylum applicants enter the United States with false identity documents. The applicant should always use their true information on the asylum application form even if they do not have a valid identity document that matches their real name.

4, 5. First Name; Middle Name

Again, if there is any doubt as to what part of the applicant’s name is the first name, it may be helpful to refer to the applicant’s passport or other identification documents.

Here you should include all aliases, nicknames, previous names or other versions of the applicant’s real name by which they are known or have ever been known. If the applicant is transgender and prefers a different name from what is on their identity documents, they should put the chosen name here. Likewise, if the applicant has had a legal name change, you should put their prior name here.

7. Residence in the U.S

This address is where the applicant lives. The address entered in response to this question should determine which Asylum Office has jurisdiction over the applicant’s application (though in some cases the Asylum Office will be determined based on the applicant’s mailing address). It is therefore important that this information is correct and that CIS is notified of any changes to the applicant’s address after the filing of the application.

8. Mailing address in the U.S

If necessary, this address should be a place where the applicant can safely receive mail. The applicant will receive written notice that CIS has received the I-589 and subsequent notices of the interview and future proceedings at this address. If this is the same as the residence, write “Same as above.” While both attorney and client are supposed to receive a copy of all correspondence from CIS, sometimes CIS only sends notices to the client or to the attorney, so it’s important to include an address where the client can reliably receive mail—and, unless impossible, to avoid using the attorney’s address as the mailing address.

If the applicant is transgender, you should check the box that aligns with their gender identity. Be aware, however, that in other contexts (e.g., issuance of a work permit), CIS only recognizes such identification gender if the foreign national has adjusted documentation (e.g., passport, birth certificate) from their country of origin or obtained a physician’s letter corroborating their gender identity.  2

10. Marital Status

If the applicant is legally (not customarily) married, they should check “married.” If the applicant is in a relationship other than marriage – a civil union or domestic partnership – “single” is the most appropriate box to check.

11. Date of Birth

Sometimes asylum applicants enter the United States with false identity documents. The applicant should always use their true information on the asylum application form, not the data form the false documents.

12. City and Country of Birth

Many countries do not automatically confer citizenship on individuals who were born in the country. For this box you must enter the birthplace, not the place of citizenship.

13. Present Nationality (Citizenship)

Applicant should enter the present country of nationality/citizenship in this space. If an applicant holds dual citizenship, you should include each country of nationality.

14. Nationality at Birth

Applicant should enter the country of nationality at birth, even if it is the same as present nationality.

15, 16. Race/Ethnic or Tribal Group; Religion

These sections should be completed if the applicant is a member of such a group or religion regardless of whether the applicant’s claim is based upon this characteristic. It is important to fill in “None” in the religion box if the applicant does not have a religious affiliation. Asylum applications are often returned by the Service Center if this box is left blank.

17. Immigration Status

It is important to be sure that your client is not currently and has never been in removal or deportation proceedings. If the applicant is in proceedings or has a final order of removal or deportation, they will have to file the I-589 with the Immigration Court rather than with a CIS Service Center, because the Asylum Office will not have jurisdiction. If the applicant has an A-Number, you can call the EOIR Hotline (1-800-898-7180) to make sure there has never been an immigration court case for the applicant. While the information on this phone system is generally accurate, if the applicant was in proceedings more than ten years ago, it’s possible that their information will not have been entered in the phone system.

18. a. The Date of Exit from Applicant’s Country

This should be the date when the applicant last left their country. This date is important to determine whether the applicant traveled through or resided in other countries before finally arriving in the United States and, if so, whether the applicant had a meaningful opportunity to seek asylum in such countries.

18. b. Current I-94 Number, if any

The I-94 is a record of inspection at a port of entry. It is available online at  http://i94.cbp.dhs.gov/I94/consent.html . Among its contents is a number of approximately 12 digits in the top left corner, which should be entered here. If the applicant entered without inspection, you should write “None” in this box.

18. c. List Each Entry to the U.S. Including Date, Place, Status and Date Status Expires.

Date of last arrival.

The date of last arrival in the United States is the date of the applicant’s most recent entry. If the applicant entered with inspection, this date will appear on their I-94 (see above).

Sometimes it is more difficult to determine the exact date of entry. The burden is on the applicant to prove that they filed within one year of their last entry into the United States. If the applicant last entered the United States without being inspected by an Immigration Officer at a port of entry (Entered Without Inspection or EWI) then the date given should be the date on which the applicant actually crossed the border. If the specific date is not known to the applicant, as is often the case when the applicant has “EWI’d” and/or when many years have passed since entry, the applicant should attempt to establish with the greatest accuracy possible the date on which the last entry took place. If this cannot be done, you should offer an approximate date using the words “on or about.” If even an approximate date of entry cannot be ascertained (e.g., if the applicant entered the country as a young child and has no way of learning the approximate date of entry) then the appropriate answer would be “unknown.” It is important to note that, 1996, individuals seeking asylum must file an application within one year of their last arrival in the United States or meet narrow exceptions to this rule. Therefore, the answer to this question may determine whether or not the applicant is eligible to file an application for asylum.

Place of Last Arrival

Place of last arrival is also usually easily determined from the I-94 if available. Applicants who have EWI’d (or who entered long ago and can no longer access their I-94) can usually identify the general geographic area at which they crossed the border and entered the United States, such as “Arizona.”

The applicant’s status when admitted is usually easily identified by reference to the I-94 or passport. Most applicants will have entered originally on a non-immigrant status, for example, as a visitor for business or pleasure (B), exchange visitor (J), student (F), professional worker (H), journalist (I), crew member (D), religious worker (R), or visa waiver tourist. Some applicants will have EWI’d, and therefore will have acquired any lawful status. In such a case the correct response to this question is simply “EWI.” If the applicant entered with fraudulent documents, they did not actually EWI; in such cases, you should write in the type of visa they used but indicate that it wasn’t really theirs (e.g., “B1/B2, not issued to applicant”).

Date Status Expires

Expiration of status refers to the expiration of the permitted stay on such status. For example, a foreign national admitted to the United States as a visitor on a B2 visa for six months would designate the end of the time period allowed to remain in the United States as the expiration date (unless it had been extended) and not the expiration of his or her visa (a B-2 visa may be valid for entries as a visitor for many years in some instances). Some I-94s, such as those for students, have the designation “D/S” for “duration of status” written on them rather than a specific date by which the applicant is supposed to leave the United States If the I-94 says “D/S” you should write this in on the Date Status Expires line.

For each entry the applicant has made into the United States, they must provide information to the best of their ability about the date, place and status of entry.

19. Country that Issued Last Passport or Travel Document

This should be self-evident. Again, you must always be truthful, so if the applicant obtained a fake passport that was not issued by their own country, they must indicate the actual country that issued the passport used. Attach to the I-589 a copy of the applicant’s passport (front and back cover and every interior page). Be sure to remove any stapled or loose papers from the passport so that every page is clearly visible. Also be sure that the copies of the various stamps or visas entered into the passport are clearly visible. If the applicant has an I-94 Departure Record card stapled into the passport (before electronic issuance, I-94s were issued on paper), it might be helpful to remove it from the passport and to copy it both front and back and attach the copy with the copy of the passport. Also, if the applicant has renewed their passport since being in the United States, attach copies of both the current passport and the passport which they used to enter into the United States.

20. Passport/Travel Document #

Enter the passport number of the applicant’s current or most recent passport (even if it is now expired). This number can generally be found on or close to the identification page of the passport.

Applicants who entered with a passport typically do not have a travel document, and vice versa. In such cases, write “N/A” in the appropriate box.

21. Expiration Date

Enter the month, day and year of expiration of the applicant’s current or most recent passport or travel document (even if it is now expired).

22, 23, 24. Languages

Write in the applicant’s native language. If the applicant has more than one native language, they should write in the language in which they feel most comfortable. If the applicant is fluent in English, answer “Yes.”

Part A. II. Information about Your Spouse and Children.

This part of the application asks for information about the applicant’s spouse and children. Most applicants for asylum based on sexual orientation or gender identity will not be married or have children. For those applicants who are married, the section for the applicant’s spouse must be completed, whether or not the applicant’s spouse is included as part of the application. If the applicant is not married, check the box on the top line and proceed to the Question 2, which asks about children. If the applicant has no children, simply check “I do not have any children” and move on. The information requested regarding spouse and children is similar to the information requested for the applicant and should be filled out as explained above.

Part A. III. Information about Your Background

This box requires the applicant to list their last address outside the United States. If the applicant did not come directly to the United States, then they must also list their last address in the country from which they is claiming persecution.

2, 3, 4, 5. Residences; Education; Employment; Parents and Siblings

The current I-589 form asks for personal history including information about the applicant’s parents, applicant’s education, addresses at which the applicant resided for the past five years, and the applicant’s employment (including unauthorized employment). Note that for residences and employment, the applicant must list information for the last five years; for education, all schools attended must be listed.

Often, applicants who are working without authorization do not want to give the name of their employer for fear of getting the employer in trouble. In that case, the applicant may feel more comfortable being somewhat vague, such as “Mexican Restaurant, Brooklyn, NY” rather than naming the specific establishment. If the applicant has never been employed, write “None” or “N/A” into at least one line so that CIS does not think that an answer was omitted.

Similarly, if the applicant has relatives who are in the United States without lawful status, the applicant may feel more comfortable giving a vague current location, such as “Los Angeles, CA,” as opposed to a specific address. For each relative, a current location must be provided, or “Deceased” must be checked. If the applicant has no siblings, write “None” or “N/A” into at least one “Sibling” line so that CIS does not think that an answer was omitted.

Abbreviate wherever possible so as to fit each entry on one line. Continue on Supplement B (page 12 of the I-589) as necessary; you can combine overflows from multiple questions into a single Supplement B.

Part B. Information about Your Application

In Part B of the application, the applicant is expected to lay out in detail the basis for their claim. A limited amount of space is offered on the application to answer several basic questions about the reason the applicant is seeking asylum.

» Practice Pointer: Some practitioners do not write anything other than “See attached affidavit” in response to the “essay” questions. This strategy is strongly discouraged. Often at the asylum interview, the Officer will be following along with the I-589 and not with the affidavit itself. Thus the best practice is to succinctly summarize the claim in a few sentences that include the most serious incidents that comprise the claim. You can attach additional sheets of paper to expand on these answers, but since you will already be attaching a very detailed affidavit, it’s best to try to fit the answers in the space provided.

Remember, the Officer will have the entire declaration to read as they are reviewing their notes and the file after the interview. Your goal with the I-589 should be to make it as easy as possible for the Officer to follow along with the applicant’s story during the interview.

1. Why are you seeking asylum?

You should check the box “Membership in a Particular Social Group” for claims based on sexual orientation, transgender identity, and/or HIV status. Note that it is possible to apply on more than one ground at once. Thus, an applicant may simultaneously be applying on other ground(s) such as religion or political opinion (e.g,. if the applicant was active in promoting LGBTQ/H rights in their country, this may also form the basis of a political opinion claim). Also note that it is best to check the “Torture Convention” box in almost all cases, as this helps to preserve CAT eligibility if the case is referred to immigration court.

1. A. Have you, your family or close friends or colleagues ever experienced harm, mistreatment or threats in the past?

This question is asking about past persecution. It is important to succinctly state any past harm that either the applicant or anyone whom they know personally has suffered on account of their sexual orientation, gender identity, and/or HIV-positive status. If the applicant has never directly experienced harm, it is very useful for them to give detailed examples of harm that their family or friends have experienced, as this helps personalize their fear of future persecution. Likewise, even if the harm they suffered in their country didn’t rise to the level of persecution, it is important (if factually possible) to include some examples of harm here (for example, school taunts, family disownment) to paint a picture of the life that the applicant is afraid to return to.

It is best to be succinct and specific in answering this question because the Asylum Officer will probably follow along with the answers to the “essay” questions during the interview. You do not need to exceed the space provided.

1. B. Do you fear harm or mistreatment if you return to your home country?

This question essentially asks whether the applicant fears future persecution. For the applicant to qualify for asylum, the answer to this question must be “Yes.” Again, it is helpful to be both succinct and specific in detailing the type of harm feared – abuse by police, gay-bashings, coercive psychological “treatment,” forced marriage, being disowned by family, lack of medical treatment, inability to find any employment, etc.

The answer to this question is especially important if the applicant did not experience past persecution. You should explain specifically how the applicant became fearful of the consequences of being LGBTQ/H, especially if they had no personal experience with such persecution. In some cases, the applicant may have become aware of the persecution of other sexual minorities because of incidents in which friends or acquaintances had been victims of persecution, or when such incidents happened to strangers and were reported in the media or documented in other sources. Again the applicant should be as specific as possible about how they learned of the harm that occurred to others. You do not need to exceed the space provided.

2. Have you or your family members ever been accused, charged, arrested, detained, interrogated, convicted and sentenced or imprisoned in any country other than the U.S.?

You may have already included information about arrests or detentions the applicant suffered in his country in your answers to a previous question, but you should still list such incidents again in answer to this question. Remember, this question doesn’t only ask about convictions, but includes arrests, detentions, and interrogations. Thus any interaction the applicant had with the police or military in which they did not feel free to leave should be included here.

Answering this question can help provide details about the basis of the applicant’s claim, if, for example, they were detained and abused by the police because of their sexual orientation or gender identity. In some sexual orientation- or gender identity-based cases, applicants have been previously arrested, charged, and convicted of violating laws prohibiting homosexuality or same-sex sexual conduct. These “prosecutions” for private sexual activity between consenting adults may in fact be persecution.

It is also important to include any information about arrests or detentions even if they are unrelated to the asylum claim itself. Convictions for some crimes could lead to a bar to asylum so the Officer will pay close attention to the answers to this section. See  Section # 6.2 .

3. A. Have you or your family members ever belonged to or been associated with any organizations or groups in your home country?

This question is usually most relevant to someone who is claiming persecution based on their political opinion or affiliation with a certain political organization. In the case of sexual orientation-, gender identity-, and/or HIV status-based claims, if the applicant was a member of an LGBTQ/H organization and for that reason was targeted for persecution, then the applicant may have a dual claim based on LGBTQ/H status and political opinion. The applicant should list any or all associations or memberships with LGBTQ/H organizations in their country of origin, along with corroborating evidence of such membership such as letters, membership cards, news stories, etc.

Even if the applicant was not affiliated with any organizations in their country, they may fear returning because of their family’s affiliations. For example, a Colombian applicant with a politically active brother may fear returning to her country based on her own imputed political opinion because of her brother’s activities. It is therefore important to answer this question thoroughly regarding the entire family.

The answer to this question could also trigger mandatory bars to asylum if the applicant was affiliated with an organization with the United States considers to be a terrorist or genocidal organization.

3. B. Do you or your family members continue to participate in any way in these organizations or groups?

The answer to this question could impact the applicant’s fear of future persecution, so if they are still involved in any of these groups, they should explain thoroughly their involvement.

4. Are you afraid of being subjected to torture in your home country or any other country to which you may be returned?

If the applicant is applying for relief under CAT (and we recommend they do), they should be able to answer truthfully “Yes” to this question. See  Section # 7 for more information about CAT relief. Basically, if the applicant fears physical harm or pain either directly at the hands of their government or with the acquiescence of their government, they should respond that they fear torture in their country. Again, although the answer to this question may be redundant, you should still include succinct but detailed information about why the applicant fears torture and by whom.

Part C. Additional Information About Your Application

If an applicant can truthfully answer all the questions below by checking NO, then they are not facing any substantive issues that may jeopardize the applicant’s eligibility for asylum. However, if the applicant has to answer any of the questions in the affirmative, then they should include a detailed explanation of his answer.

1. Have you, your spouse, your child(ren), your parents, or your siblings ever applied to the United States Government for refugee status, asylum or withholding of removal?

The response to the question of whether an applicant has previously applied for asylum or withholding of removal may be extremely important in the adjudication of this application. If the applicant has never before filed such an application, then the obvious correct answer is simply to check the “No” box.

In some cases, an applicant is filing an application because they have been previously included in an application by a parent, but no longer qualify as an unmarried child under twenty-one and must now file a separate application.

In other cases, however, the applicant has previously filed an application (Yes). This application may still be pending with CIS or may have been denied administratively. In either case, a subsequent application for asylum must fully explain the circumstances surrounding the previous application and the disposition or status of the previous application. This explanation may be incorporated in the applicant’s affidavit, particularly if it is a lengthy explanation and if it helps explain other parts of the case such as the applicant’s fear of return to their country.

It is worth noting here that some individuals with true LGBTQ/H based asylum claims may previously have had weak, frivolous or fraudulent asylum applications filed on their behalf on other grounds. These previous applications may have been filed by an attorney or non-attorney (such as a “notario”) in order to obtain employment authorization for the applicant without fully explaining the nature of the documents being filed. It is, therefore, vital that an applicant fully explain the reasoning behind the previous application.

2. A. After leaving the country from which you are claiming asylum, did you or your spouse or child(ren), who are now in the United States, travel through or reside in any other country before entering the United States?

The purpose of this question is to determine whether the applicant could have sought or could currently seek asylum or other lawful immigration status in another country while en route to the United States during this most recent . Asylum is meant to be an application of last resort; if the applicant had or has a reasonable opportunity to safely relocate elsewhere, that is a ground for the United States to deny the asylum application.

This question inquires both as to whether the applicant resided in another country and as to whether the applicant traveled through another country. If the applicant traveled briefly through another country (for example a Guatemalan traveled overland across Mexico), it is unlikely that the Asylum Officer would question why they did not seek asylum there. If, however, the applicant traveled through another country that grants asylum to LGBTQ/H individuals, they should be prepared to explain why they did not seek asylum in that country. Likewise, if an applicant actually resided in another country before fleeing to the United States, they should explain why they did not seek asylum there. For example, if an Egyptian lived in Qatar before coming to the United States and applying for asylum, they could explain that sexual minorities are mistreated in Qatar as well.

2. B. Have you, your spouse, your child(ren), or other family members such as your parents or siblings ever applied for or received any lawful status in any country other than the one from which you are now claiming asylum?

The purpose of this question is to determine whether the applicant could have sought or could currently seek asylum or other lawful immigration status in another country based on familial relationship with someone having such status. It is important to be truthful—but in most cases, because LGBTQ/H applicants have little family support, they are not expected to seek derivative status through family members.

3. Have you, your spouse, or child(ren) ever ordered, incited, assisted, or otherwise participated in causing harm or suffering to any person because of his or her race, religion, nationality, membership in a particular social group or belief in a particular political opinion?

This question again addresses mandatory bars to asylum. In the vast majority of cases, the answer to this question will be “No.” If the applicant did participate in persecuting others, for example, during mandatory military service or forced guerilla service, they should explain in detail why they were forced to carry out such actions.

4. After you left the country where you were harmed or fear harm, did you return to that country?

In this question, you must account for every previous return trip to the applicant’s country of origin. There are many situations which might lead to an asylum applicant to return to their home country after having left it. Because many LGBTQ/H asylum applicants don’t know that their sexual orientation, gender identity, and/or HIV status can be the basis of an asylum claim, many individuals return to their countries to comply with the terms of their visas. Some applicants make regular trips to and from the United States to receive HIV medical treatment here. Other applicants, such as students, may not have experienced persecution in their countries until they’ve had the chance to live in the United States and “come out.”

The applicant must anticipate that the Asylum Officer will question why they are afraid to return to their country now, if they willingly returned in the past. They should address such questions in this answer on the form.

5. Are you filing the application more than 1 year after your last arrival in the United States?

If the answer to this question is “Yes,” you should explain in detail why the applicant did not file within the one-year filing deadline. Missing the deadline means the asylum application will be denied unless the applicant can demonstrate an exception to the one-year filing deadline. It is important to state succinctly but with adequate detail the applicant’s claimed exception to the one-year filing deadline in this section. The two categories of filing deadline exceptions are for “changed circumstances” and/or “extraordinary circumstances.” If the applicant has missed the one-year filing deadline, please see  Section # 5 for a detailed discussion of the one-year filing deadline and possible exceptions. It is also important to understand that even if the applicant meets an exception to the one-year deadline, they must file “within a reasonable period of time” after the exception is activated. The answer to this question should therefore also briefly address the reasonableness of the period of time.

In general, an applicant should not file for asylum affirmatively if they have missed the one-year filing deadline, unless they have a strong argument for a filing deadline exception.

6. Have you or any member of your family included in the application ever committed any crime and/or been arrested, charged, convicted and sentenced for any crimes in the United States?

It is very important that the applicant answer this question truthfully. The applicant must answer “Yes” if they were ever arrested, even if they were never charged or convicted. Thus, even if a criminal case was dismissed and sealed, the applicant must answer “Yes.”

If an applicant was convicted of a “particularly serious crime,” they will not eligible for asylum or withholding of removal. If you are not certain whether a crime that the applicant committed would affect their asylum eligibility, research this issue thoroughly before filing the application. For more information on criminal bars to asylum eligibility, see  Section # 6.2 .

Part E. Your Signature

The applicant must sign and date the application, attach one photograph to page 9, and write their name in their native alphabet if the alphabet is different from English. If the applicant’s spouse, parent or child assisted in preparing the application, that person must write their name on the form. If the application was prepared by an attorney or accredited representative, the “Yes” box should be checked in answer to the question “Did someone other than your spouse, parent, or child(ren) prepare this application?” The applicant should also check the appropriate box to the next question about whether or not they have been provided with a list of free or low cost attorneys (if you are an attorney providing pro bono representation, the answer is “Yes!). Failure to check a box, even if it’s not particularly relevant to the claim, can lead to the entire application being returned to the applicant.

The applicant should read the certification written above the signature line which indicates the penalties for false statement of material fact and the applicant should carefully read the “WARNING” that applicants for asylum may be subject to removal (i.e., deportation) if asylum and withholding claims are not granted.

Part E. Declaration of Person Preparing Form if Other than Applicant, Spouse, Parent, or Child

If the applicant is represented by an attorney, the attorney should complete and sign this part. The attorney must also complete a Notice of Appearance Form (G-28) (preferably on blue paper) to be recognized as the attorney of record.

Nevertheless, if an attorney assists an applicant to complete the application, even if the attorney does not intend to represent the applicant, they must sign the form and supply contact information here.

Part F. To Be Completed at Interview or Hearing

The applicant will be asked to complete and sign this part at the interview or before the Immigration Judge to re-affirm that the application and documentation attached are true.

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.

• 8 U.S.C. 1158(d)(5)(A)(ii). 
• See  CIS, Affirmative Asylum Procedures Manual at pp. 43–44 ( http://www.uscis.gov/sites/default/files/files/nativedocuments/Asylum_Procedures_Manual_2013.pdf ). 

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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