Individuals fleeing persecution in their home countries may be eligible to seek asylum in the United States, provided they meet specific eligibility requirements. Common reasons for persecution include religion, race, nationality, political opinion, or membership in a particular social group.
In recent years, the U.S. asylum system has faced a growing backlog, largely due to the significant increase in applications and policy shifts influenced by the global pandemic. According to recent data, more than two million migrants arrived at the southern U.S. border in fiscal year 2022, with the majority seeking asylum protection.
Because the asylum process involves complex procedures and strict timelines, it’s vital to work with an experienced immigration attorney at Green Card Link who can guide you through each step and help ensure your application is properly prepared. Below is an overview of Form I-589, Application for Asylum and for Withholding of Removal, and the essential filing requirements.
Filing Timeliness Is Critical
Applicants must file Form I-589 within one year of arriving in the United States. Failure to do so may render an applicant ineligible for asylum under Section 208(a)(2)(B) of the Immigration and Nationality Act (INA). Working with the immigration attorneys at Green Card Link can help ensure that your filing is completed on time and accurately.
Who Can Apply for Asylum?
You may apply for asylum if you are physically present in the United States and are not a U.S. citizen. The application requires comprehensive personal and family information, as well as details about the circumstances that led to your fear of persecution.
Completing Form I-589
Part A.I. – Information About You
This section requests personal details, including your Alien Registration Number, U.S. Social Security Number, USCIS Online Account Number, full name, U.S. residence, contact number, gender, marital status, date of birth, and nationality.
You must also provide information about previous immigration court proceedings, travel history, passport number, and any languages you speak.
Part A.II. – Information About Your Spouse and Children
Here, you’ll enter details about your spouse, such as their immigration information, date and place of marriage, and U.S. entry details. You’ll also list your children’s information if applicable.
Part A.III. – Information About Your Background
List your last address before entering the U.S., and if it differs from the location where you fear persecution, include that address as well.
Part B – Information About Your Asylum Claim
This section asks you to identify the basis for your asylum application, which may include:
- Race
- Religion
- Nationality
- Political opinion
- Membership in a particular social group
- Protection under the Convention Against Torture
You must also describe any harm, mistreatment, or threats that you or your family have faced in the past, or fear you may face if returned to your home country. Providing complete, truthful, and detailed responses is essential.
Part D – Certification and Signature
By signing this section, you declare under penalty of perjury that all information and evidence provided are true and correct.
Part E – Declaration by the Preparer
If someone other than you, your spouse, parent, or child prepared your application, they must sign and declare that the information is accurate and that they understand the questions on the form.
The remaining sections are used during asylum interviews or removal hearings, if required.
Where to File Your Asylum Application
Filing location depends on where you live. Below are the appropriate USCIS Service Centers:
USCIS Texas Service Center
For applicants living in:
Alabama, Arkansas, Colorado, D.C., Florida, Georgia, Louisiana, Maryland, Mississippi, New Mexico, North Carolina, Oklahoma, Pennsylvania (certain counties), Puerto Rico, South Carolina, Tennessee, Texas, U.S. Virgin Islands, Utah, Virginia, West Virginia, Wyoming.
Mailing Address (all carriers):
USCIS TSC
Attn: I-589
6046 N Belt Line Rd., Ste. 589
Irving, TX 75038-0018
USCIS California Service Center
For applicants in:
Arizona, select California counties (Imperial, Los Angeles, Orange, Riverside, San Bernardino, San Diego, Santa Barbara, San Luis Obispo, Ventura), Connecticut, Delaware, Guam, Hawaii, Maine, Massachusetts, Nevada (Clark, Esmerelda, Nye, Lincoln), New Hampshire, New Jersey, New York, Pennsylvania (other counties), Rhode Island, Vermont.
USPS Address:
California Service Center
P.O. Box 10881
Laguna Niguel, CA 92607-0881
FedEx/UPS/DHL Address:
USCIS California Service Center
Attn: I-589
24000 Avila Rd., 2nd Floor, Room 2312
Laguna Niguel, CA 92677
USCIS Nebraska Service Center
For applicants in:
Alaska, remaining California counties, Idaho, Illinois, Indiana, Iowa, Kansas, Kentucky, Michigan, Minnesota, Missouri, Montana, Nebraska, Nevada (other counties), North Dakota, Ohio, Oregon, South Dakota, Washington, Wisconsin.
USPS Address:
Nebraska Service Center
P.O. Box 87589
Lincoln, NE 68501-7589
FedEx/UPS/DHL Address:
USCIS Nebraska Service Center
Attn: I-589
850 S St.
Lincoln, NE 68508
Filing Fee for Form I-589
There is no government filing fee for submitting Form I-589, Application for Asylum and for Withholding of Removal. Additionally, any required biometrics services are provided at no cost to the applicant.
Additional Filing Circumstances
When filing Form I-589 with the Asylum Vetting Center, you must include a cover letter explaining why you are submitting the application and clearly indicate which of the categories below applies to your case. If your submission does not fit one of these specific categories, your application will be returned with instructions to file with the appropriate USCIS service center.
Loss of Derivative Status After Asylum Approval but Before Adjustment of Status
If you were previously granted asylum as a derivative beneficiary but lost that status before adjusting to lawful permanent residency, you may file a new Form I-589 and request asylum nunc pro tunc (retroactively). Your letter should reference your previous Form I-589 and state that you are now filing as the principal applicant. To ensure accuracy, seek guidance from an immigration attorney at Green Card Link.
Loss of Derivative Status After Initial Filing but Before Final Decision
If you were listed as a dependent on another person’s Form I-589 but lost your derivative status due to marriage, divorce, or the death of the principal applicant, you may now file your own Form I-589 as the principal applicant. Include details of the prior filing and explain your change in status.
Simultaneous Filing as Principal and Derivative Applicant
If you are currently listed as a derivative applicant on another pending Form I-589, you may still file your own application as a principal applicant. In some cases, spouses each file separate Form I-589s, listing one another as derivatives. Be sure to provide all relevant details about prior or related filings.
Previously Issued a Final USCIS Decision on a Form I-589
If USCIS previously denied, dismissed, or closed your asylum case—or if you withdrew the application before being placed in removal proceedings—you may be eligible to file a new Form I-589 directly with USCIS.
Previously in Immigration Court Proceedings
Applicants who were previously in immigration court proceedings but now believe that USCIS has jurisdiction may also submit a new Form I-589.
Cases Requiring Asylum Office Director or Division Chief Consent
If your situation does not fit any of the categories above, you must obtain written consent from either the local asylum office director with jurisdiction over your case or the Chief of the Asylum Division before submitting your application. Without written proof of this consent, your filing will be rejected by the Asylum Vetting Center.
What Happens After Filing Form I-589
Once your Form I-589 is received, USCIS will review your case to determine whether you are in immigration court proceedings and whether a Notice to Appear (NTA) has been issued by the Department of Homeland Security (DHS).
Depending on your situation, USCIS will take one of the following actions:
- If you are not in immigration court proceedings and DHS has not issued an NTA, USCIS will accept your Form I-589 and send you a receipt notice. The receipt date becomes your official asylum filing date for the one-year deadline.
- If DHS has issued an NTA, and you filed your Form I-589 within 21 calendar days after the NTA was filed and docketed with the Executive Office for Immigration Review (EOIR), USCIS will forward your application to the immigration court, which will handle your case. You will be notified by mail.
- If you filed 22 days or more after your NTA was filed and docketed with EOIR, USCIS will reject and return your application.
- If your NTA was filed after your asylum application, USCIS will send your Form I-589 to the EOIR immigration court, which will then adjudicate your case. The USCIS receipt date still counts as your official filing date.
- If DHS has issued but not filed an NTA, USCIS will process your Form I-589, then issue and file the NTA with EOIR. The immigration court will adjudicate your case, and you’ll be notified by mail once the hearing date is set.
If you receive an NTA, the immigration court will send a Notice of Hearing to your address on file with EOIR once your case is scheduled.
Asylum Application FAQs
How do I qualify for asylum?
You may qualify for asylum if you can demonstrate that you are a refugee who cannot safely return to your home country due to past persecution or a well-founded fear of persecution based on race, religion, nationality, political opinion, or membership in a particular social group.
What is Form I-589?
Form I-589 is the official Application for Asylum and for Withholding of Removal used to request protection in the United States.
What happens after filing Form I-589?
After submission, USCIS reviews your immigration history and follows the procedures outlined above to determine jurisdiction and next steps.
How long does it take to get a work permit after filing for asylum?
You may apply for a work permit (EAD) 150 days after filing your asylum application. However, the EAD cannot be approved until at least 180 days have passed.
Is a pending asylum case a valid status?
Yes. When your asylum case is pending, you are in a period of authorized stay, meaning you are not accruing unlawful presence in the U.S.
What documents are needed for asylum?
Typical documents include your passport, government-issued ID, marriage certificates (if applicable), documents for dependents, and your completed Form I-589. Every case is unique, so consult with an immigration attorney at Green Card Link for personalized advice.
Can I file an asylum application online?
Yes. You may file Form I-589 online or submit it via mail using the paper version.
How long does the asylum process take?
USCIS does not publish official processing times for asylum cases (Form I-589). However, they provide data on related applications such as Form I-765 (work authorization).
ALERT: USCIS has reported delays in issuing receipt notices for Form I-589. If you experience a delay, review the latest USCIS news alerts for updated processing information.
How Green Card Link Can Help
At Green Card Link, our experienced immigration attorneys have successfully represented clients seeking asylum protection in the United States at every stage of the process—from initial filing to appeals and adjustments.
Whether you’re unsure of your eligibility or need help preparing a strong application, our team will guide you step-by-step with compassion and precision.
Schedule a confidential consultation online today to discuss your case with an immigration attorney at Green Card Link and explore your options for legal protection and permanent residency in the U.S.