Instructions for Form I-589 - What Is the Purpose of This Form - asylum, withholding of removal, and Convention Against Torture

Sep 19, 2026

Instructions for Form I-589 explain eligibility and how to file an asylum application in the United States, including withholding of removal and protection under the Convention Against Torture. The guidance covers filing deadlines within one year of arrival, exceptions for changed or extraordinary circumstances, and who may be included (spouse and unmarried children under 21). It also describes processing after submission, confidentiality, right to counsel, required documents, fees, biometrics, organization, interim benefits, and key warnings about removal, frivolous claims, and abandonment for missed biometrics.

LanguageEnglish

CategoryForms

FormatPDF

Pages11

Reading Time4 min

AccessFree to download

What Is the Purpose of This Form?

Additional Information on Websites

Table of Contents

Part 1. Filing Instructions

Part 2. Information Regarding Post-Filing Requirements

Instructions # What Is the Purpose of This Form? This form is used to apply for asylum in the United States and for withholding of removal(formerly called"withholding of deportation").Thisapplication may also be used to apply for protection under the Convention Against Torture.You may file this application if you are physicallypresent in the United States and you are not a U.S.citizen. NOTE:You must submit an application for asylum within 1 year of arriving in the United States,unless there are changed circumstances thatmaterially affect your eligibility for asylum or extraordinary circumstances directly related to your failure to file within 1 year.(See Page 5 of theInstructions,Part 1:Filing Instructions,Section V,"Completing the Form,"Part C,for further explanation.) You may include in your application your spouse and unmaried children who are under 21 years of age and physically present in the United States.You must submit certain documents for your spouse and each child included as required by these instructions.Children 21 years of age or older andmaried children must file separate FormI-589 applications.If you are granted asylum and your spouse and/or any unmaried children under theage of 21 are outside the United States,you may file Form I-730,Refugee and Asylee Relative Petition,for them to gain similar benefits. Instruction Sections:Filing Information and How Your Application Will Be Processed The instructions are divided into two sections. Thefirst section has fling information.This section discusses basic eligibility criteria and guides you throughfilling out and fling the application. The second section explains how your application will be processed.This section also describes potential interim benefits available while yourapplication is pending. Please read these instructions carefully.The instructions will help you complete your application and understand how it will be processed.If youhave questions about your eligibility,how to complete the form,or the asylum process,you may wish to consultan attomey or other qualifiedperson to assist you.(See Page 4 of the Instructions,Part I,Filing Instructions,Section IV,"Right to Counsel.") # Additional Information on Websites Additional information concerning asylum and withholding of removal is available on the following websites:Department of Homeland Security (DHS),U.S.Citizenship and Immigration Services(USCIS):http://www.uscis.gov,and U.S.Department of Justice(DOJ),Executive Office for Immigration Review(EOIR):http//www.usdoj.gov/eoir. WARNING:Applicants in the United States illegally are subject to removal if their asylum or withholding claims are not granted by anasylum officer or an immigration judge.Any information provided in completing this application may be used as a basis for the institutionof,or as evidence in,removal proceedings,even if the application is later withdrawn. Applicants determined to have knowingly made a frivolous application for asylum will be permanently ineligible for any benefits under theImmigration and Nationality Act (INA).You may not avoid a frivolous finding simply because someone advised you to provide falseinformation in your asylum application. If filing with USCIS,unexcused failure to appear for an appointment or to provide biometrics (such as fingerprints)and other biographicalinformation within the time allowed may delay eligibility for employment authorization and result in an asylum officer dismissing yourasylum application or referring it to an immigration judge.Applicants and eligible dependents in removal proceedings who fail withoutgood cause to provide DHS with their biometrics or their biographical information as required within the time allowed,may have theirapplications found abandoned by the immigration judge.See sections 208(d)(5)(A)and 208(d)(6)of the INA and 8 Code o FederalRegulations(CFR)sections 208.10,1208.10,208.20,1003.47(d),and 1208.20. Table of Contents Instructions for F

FAQs

Who may file Form I-589 and what are the filing deadlines?

You may file if you are physically present in the United States and not a U.S. citizen. Submit within one year of arriving unless changed circumstances materially affect eligibility or extraordinary circumstances relate to failing to file within one year.

Who can be included with your application, and who must file separately?

You may include a spouse and unmarried children under 21 who are physically present in the United States. Children 21 or older and married children must file separate Form I-589 applications.

What warnings and consequences are outlined for applicants?

Applicants can face removal if asylum or withholding claims are not granted. Knowingly filing a frivolous asylum application can permanently bar benefits under the INA, and failure to appear or provide required biometrics and biographical information may delay employment authorization or lead to dismissal or abandonment.

Sep 19, 2026

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