How to Apply for Asylum in Immigration Court - Using the Defensive Process

Sep 19, 2026

Guidance for adults in removal proceedings on applying for asylum in Immigration Court using the defensive process. Explains why using the correct process matters and outlines nine required steps, including completing and filing Form I-589, submitting the filing fee receipt, preparing supporting documents in English with certified translation when needed, and attending biometrics and master calendar and individual merits hearings. Covers gathering copies, delivering submissions to the Immigration Court and OPLA office, updating address if you move, and requesting interpreters at hearings.

LanguageEnglish

CategoryLetters

FormatPDF

Pages22

Reading Time8 min

AccessFree to download

The Defensive Process for Asylum

Steps to Apply (01-09)

The Asylum Application Form (I-589)

Supporting Documents

Court Hearings

How to Apply for Asylum in Immigration Court (Using the Defensive Process) This fact sheet helps you apply for asylum. It explains the process and how to fill out the right forms. It also shares what type of documents you need to gather to prove you are eligible for asylum. There are different asylum application processes for different people. If you use the wrong process, your application is denied. You should only use this fact sheet if you are an adult and you are in removal proceedings. To find out which asylum application process you should use, go to: [https://www.lawhelpmn.org/self-help-library/fact-sheet/how-decide-if-you-can-apply](https://www.lawhelpmn.org/self-help-library/fact-sheet/how-decide-if-you-can-apply)asylum-united-states This fact sheet was developed in collaboration with the Immigrant Law Center of Minnesota, Mid-Minnesota Legal Aid, Southern Minnesota Regional Legal Services, The Advocates for Human Rights, and the Volunteer Lawyers Network. It was supported by funding from the State of Minnesota Department of Human Services. Special thanks to The Advocates for Human Rights and the Volunteer Lawyers Network for generously allowing us to draw from their asylum guides in creating this resource. The Defensive Process for Asylum How do I apply for asylum? There are 9 steps to apply for asylum in Immigration Court. You must complete your application (steps 01 – 05) within 1 year of your last entry to the United STEP 01 Fill out Form I-589. STEP 02 Pay the $100 application fee online. Then gather and prepare documents to send with your application. STEP 03 Make three copies of your application. STEP 04 File 1 copy of your asylum application with the Immigration Court. You must deliver it to the court where your hearing is scheduled. STEP 05 Deliver 1 copy of your asylum application to the government lawyer or “OPLA office.” STEP 06 Go to your biometrics appointment, if necessary. STEP 07 Go to your Master Calendar Hearing with the Immigration Judge. STEP 08 Go to your Individual Merits Hearing with the Immigration Judge about your asylum application. STEP 09 The Immigration Judge makes a decision about your asylum application. Scan me with your phone Tell the Immigration Court and OPLA office if you move during the asylum application process. LawHelpMN has a fact sheet that tells you how to update your address with the Immigration Court. Scan the QR code or go to: [lawhelpmn.org/self-help-library/fact-sheet/reporting-change](lawhelpmn.org/self-help-library/fact-sheet/reporting-change)address-immigration-court Ask for help with your application if you are not comfortable using English. The Asylum Application Form The I-589 Form must be completed in English. Someone else can help you fill out the form. This might be a family member, friend, or lawyer. If someone helps you fill out the form, they are called a“preparer.” They need to fill out and sign “Part E” on the I-589 Form. Supporting Documents You may need to send supporting documents with your application. They must be submitted in English. If the original document is not in English, someone must translate it. You do not need to use a professional interpreter or translator. A bilingual family member, friend, or acquaintance can do it if they are qualified. Anyone who translates a document must complete a translator form. Send the translator form with your application. Get a blank translator form at: [lawhelpmn.org/sites/default/files/2025-02/Immigration](lawhelpmn.org/sites/default/files/2025-02/Immigration)[ ](lawhelpmn.org/sites/default/files/2025-02/Immigration)[Certificate of Translation.pdf](Certificate of Translation.pdf) Court Hearings You need to go to court for a hearing during the asylum application process. Ask the judge for an interpreter in the language you are most comfortable using. STEP 01 Fill out Form I-589 . Form I-589 Scan the QR code or go to[uscis.gov/i-

FAQs

Who should use this asylum fact sheet in Immigration Court?

Use it only if you are an adult and you are in removal proceedings. Using the wrong process can lead to a denied application.

What are the main steps to apply for asylum using the defensive process?

The process includes completing Form I-589, paying the $100 fee, making three copies, filing with the Immigration Court and delivering to the OPLA office, attending biometrics if necessary, attending the master calendar hearing, and attending the individual merits hearing before the judge decides.

What language requirements apply to the I-589 form and supporting documents?

Form I-589 must be completed in English. Supporting documents must be submitted in English; if a document is not in English, it must be translated, and anyone translating must complete a translator form.

Sep 19, 2026

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