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Form I-589 guide: Application for Asylum and for Withholding of Removal

Wang Law Firm, LLC · David Wang, Managing Attorney · Attorney-reviewed · Updated October 2026

The official name of Form I-589 is Application for Asylum and for Withholding of Removal, often simply called the asylum application. It is one form covering three types of protection: asylum, withholding of removal, and protection under the Convention Against Torture (CAT). A person who is in the United States and is not in removal proceedings in immigration court generally files with U.S. Citizenship and Immigration Services (USCIS); this is called an "affirmative" filing. A person who is already in immigration court proceedings applies before an immigration judge in the immigration courts of the Executive Office for Immigration Review (EOIR); this is called a "defensive" filing.

If asylum is granted, the applicant becomes an asylee, may live and work in the United States, and may apply for a green card after one year. Withholding of removal and CAT protection only bar removal to a particular country; they cannot lead to a green card and cannot be extended to family members. Fact-finding, credibility determinations and the legal standards in asylum cases are all quite complex, and outcomes depend heavily on the evidence in each case. At the same time, a "frivolous application" containing deliberately fabricated content carries lifelong consequences. This page is only a general introduction to help you understand where this form fits in the overall process.

At a glance

ItemDetails
Official nameForm I-589, Application for Asylum and for Withholding of Removal
Where it is filedAffirmative filings: USCIS (interviewed and decided by an asylum office); defensive filings: EOIR immigration court (decided by an immigration judge)
Who filesThe noncitizen, who must be in the United States (or at a U.S. port of entry); an eligible spouse and unmarried children under 21 may be included as derivative applicants
When to fileAsylum generally must be filed within 1 year of the last arrival (with statutory exceptions); withholding of removal and CAT protection have no 1-year deadline
Online filingUSCIS has opened online filing for some affirmative applications; check the USCIS form page for the current scope. Applications in immigration court proceedings are filed with the court under EOIR rules
Common related formsI-765 (work permit), G-28 (attorney representation before USCIS), EOIR-28 (attorney representation in immigration court), I-730 (after approval, for a spouse and children abroad), I-131 (refugee travel document), I-485 (green card, one year after approval), I-602 (waiver at adjustment of status)
Official pageuscis.gov/i-589

How the three types of protection differ

A single I-589 is treated as an application for asylum, withholding of removal and CAT protection at the same time (especially in immigration court proceedings). The three differ significantly in legal basis, standard of proof and effect:

ItemAsylum (INA 208)Withholding of removal (INA 241(b)(3))Convention Against Torture (CAT)
Standard of proofA "reasonable possibility" of persecution, i.e., a "well-founded fear"Persecution is "more likely than not," a clearly higher standardTorture on return is "more likely than not"
Must it be tied to the five grounds?Must be on account of race, religion, nationality, membership in a particular social group or political opinionLikewise must be on account of one of the five groundsNo; but the torture must be inflicted, instigated, consented to or acquiesced in by a government official
1-year deadlineApplies (with exceptions)Does not applyDoes not apply
Discretionary?Yes; it may be denied in the exercise of discretion even if you are eligibleNo; it must be granted if you qualifyNo
Who decidesUSCIS or the immigration courtUsually granted by an immigration judgeUsually granted by an immigration judge
Can a spouse and children be included?YesNoNo
Path to a green card?May apply one year after approvalNoNo
Main effectAsylee status; may work and apply for a travel documentCannot be removed to that country, but may be removed to a third country; may apply for a work permitCannot be removed to that country; available in two forms, "withholding of removal" and "deferral of removal"

Affirmative and defensive applications

Affirmative applications (filed with USCIS)

Defensive applications (filed in immigration court)

Exceptions: for an unaccompanied alien child, USCIS generally still has initial jurisdiction over the asylum application even if the child is in immigration court proceedings, and the 1-year deadline does not apply. People arriving at the border may also go through expedited procedures such as "credible fear" screening; border-related asylum restrictions have changed frequently in recent years and must be verified case by case.

Legal basis and eligibility

The "refugee" definition and the five protected grounds

The core of asylum is showing that you meet the "refugee" definition in INA 101(a)(42): you are unable or unwilling to return to your country of nationality (or, if stateless, your country of last habitual residence) because of past persecution or a well-founded fear of future persecution, and the persecution is on account of one of these five grounds:

  1. Race;
  2. Religion;
  3. Nationality, including ethnicity;
  4. Membership in a particular social group, which must meet the standards established in case law; whether a given group is cognizable is often the central dispute;
  5. Political opinion, including a political opinion "imputed" to the person being persecuted. The statute expressly provides that persecution for refusing or resisting a coerced abortion or involuntary sterilization, or a well-founded fear of such persecution, is persecution on account of political opinion.

"Persecution" must be quite serious and is generally carried out by the government, or by people the government is unable or unwilling to control. The law also requires that one of the five grounds be "one central reason" for the persecution. Economic hardship alone, general social unrest or ordinary crime usually does not support an asylum claim.

Filing within 1 year of arrival, and the exceptions

Under INA 208(a)(2)(B), an asylum application generally must be filed within 1 year after the last arrival in the United States, shown by "clear and convincing" evidence. A late application may be filed only if one of the following two exceptions applies, and it must be filed within a "reasonable period":

There is no fixed number of days for a "reasonable period"; the adjudicator decides case by case, and the longer the delay, the greater the risk. If you file late and no exception applies, you can still seek withholding of removal and CAT protection (available only in immigration court).

Main bars to asylum

Some bars (such as a particularly serious crime) also apply to withholding of removal; "deferral of removal" under CAT is not subject to these bars and is the last layer of protection.

Spouses and children: derivative applicants

Tips for completing the form

Evidence and documents to prepare

The authenticity of evidence is critical. Forged or purchased documents will not only lead to denial but may also constitute fraud, with consequences such as permanent inadmissibility. If certain evidence genuinely cannot be obtained, explain why and provide other corroboration where possible.

How to file and fees

To check fees: USCIS Fee Schedule G-1055, the EOIR official website, and How to check immigration fees and processing times.

Work permit: the waiting period

Filing an asylum application does not by itself give you work authorization right away. Under the rules in effect when this page was checked (the statute bars granting a work permit for at least 180 days after filing, and the specific waiting period is set by regulation):

Note: starting in 2025, a statutory fee was added for asylum applicants' work permits, and USCIS also shortened the maximum validity of work permits in some categories. In February 2026 DHS published a proposed rule that would lengthen the waiting period, tighten eligibility, and in certain circumstances pause acceptance of initial work permit applications. A proposed rule is not current law, but if it takes effect as a final rule, the waiting period and other rules above could change substantially. Check current USCIS rules before filing.

What happens after filing

  1. Receipt: keep the receipt notice; it proves the application is pending and is the starting point for the work permit waiting period.
  2. Biometrics: attend for fingerprints and photos as notified, for background checks.
  3. Interview or hearing: for affirmative applications, the asylum office schedules an interview, and you generally must bring your own qualified interpreter (follow the interview notice); for defensive applications, you first attend a master calendar hearing and then an individual hearing.
  4. Decision: the asylum officer or immigration judge decides. In affirmative cases, USCIS may first issue a notice of intent to deny or a request for evidence (see What to do when you receive an RFE).
  5. After approval: you receive asylee status; you can apply for a refugee travel document (I-131); you can file I-730 within 2 years for a spouse and children abroad; and after 1 year of physical presence in the United States, you can apply for a green card through I-485 under INA 209(b).

Check processing times on the USCIS processing times page; to check case status, see How to check your USCIS case status. Note also that since late 2025, USCIS has at times paused asylum decisions and placed cases of applicants of certain nationalities on hold; some of these measures were later withdrawn and some were blocked by federal courts, but litigation is ongoing and policy may change again at any time. Rely on USCIS notices and official announcements for the progress of your case.

The serious consequences of a frivolous application

Under INA 208(d)(6), if an applicant knowingly files a frivolous application and has received the legally required notice of the consequences (the I-589 itself contains this notice), a finding of frivolousness results in permanent ineligibility for any benefits under the immigration laws. "Frivolous" generally means that material elements of the application were deliberately fabricated.

Options after a denial

How it differs from similar forms

FormPurposeRelationship to I-589
I-589Apply for asylum, withholding of removal and CAT protection from within the United States—
I-730An asylee (or refugee) petitions for a spouse and unmarried minor children to follow to joinCan be filed only after the I-589 is approved
Refugee application (abroad)A person outside the United States applies through the U.S. Refugee Admissions ProgramThe I-589 is only for people in the United States or at a port of entry
I-821Temporary Protected Status (TPS), based on the designation of the home countryNo need to prove individual persecution; maintaining TPS can qualify as an "extraordinary circumstances" exception to the 1-year deadline
EOIR-42BCancellation of removal for non-permanent residents in immigration courtA different form of relief in immigration court with completely different requirements; can be pursued together with an I-589

Frequently asked questions

I entered on a tourist visa more than a year ago. Can I still apply for asylum?

Asylum generally must be filed within 1 year of the last arrival. After 1 year, you can apply for asylum only if you show "changed circumstances" or "extraordinary circumstances" and file within a reasonable period. If you maintained lawful status (such as F-1 or H-1B) throughout the 1-year period and file within a reasonable period after that status ends, an exception may apply. If no exception applies, withholding of removal and CAT protection have no 1-year deadline, but they are available only in immigration court and carry a higher standard of proof.

What are the risks of filing for asylum with USCIS without lawful status?

If the asylum office does not approve the case, an applicant without lawful status is usually referred to immigration court and placed in removal proceedings. In addition, the personal information and entry records on the form are submitted to the government. So before filing, you should fully assess the basis of your claim and your own risks, rather than treating an asylum filing as a way to get a work permit.

How soon after filing an I-589 can I apply for a work permit?

Under the rules in effect when this page was checked, you can file an I-765 once the asylum application has been pending for 150 days, and the work permit can be approved only after the asylum EAD clock reaches 180 days; delays caused by the applicant stop the clock. A statutory work permit fee was added starting in 2025, and in 2026 DHS proposed a rule that would lengthen the waiting period; it is not yet current law but could change these rules. Check current USCIS rules before filing.

Which is better: asylum, withholding of removal or CAT protection?

Asylum has the broadest benefits: it can include a spouse and children, allows you to apply for a travel document, and lets you apply for a green card after one year. Withholding of removal and CAT only bar removal to a particular country; they cannot lead to a green card and cannot include family members. However, the latter two have no 1-year deadline and are not discretionary, making them important alternative protection when asylum is barred. In immigration court, all three are usually pursued together.

After being granted asylum, can I go back to my home country (for example, China) to visit family?

This is strongly discouraged. Returning as an asylee to the country you said you feared persecution in will lead the government to question whether your fear is genuine, may result in termination of your asylee status, and can affect a later green card and naturalization. For travel to a third country, you should generally apply for a refugee travel document first. Always consult an attorney before traveling.

What is the annual asylum fee, and what happens if I don't pay it?

It is a statutory fee created by the 2025 "H.R. 1" law: if an asylum application has been pending for more than one year, the fee is paid annually. Under the interim final rule DHS issued in 2026, if you do not pay by the deadline after receiving a notice, USCIS may reject the pending I-589, and a work permit based on that application will also be affected. For immigration court cases, payment follows EOIR rules. These enforcement rules may still change; check the amounts, payment methods and consequences currently published by USCIS and EOIR.

My spouse and children are in my home country. Can they apply together with me?

When you file the I-589, you can truthfully list your spouse and children abroad on the form, but they cannot be approved with you in the United States as derivative applicants. After the principal applicant is granted asylum, you can file I-730 for them within 2 years so they can join you in the United States.

Official sources

Related reading

The outcome of an asylum case depends on the facts, the evidence and the procedural choices made, and filing creates a permanent record. Want to know whether you may qualify for asylum, withholding of removal or CAT protection, or have you already received a Notice to Appear? Book an attorney assessment of your situation. We will first learn about your experiences, entry history and procedural posture, and then explain the available options and risks.

This article is general information and is not legal advice. Laws and policies may change; rely on the latest official information and on an attorney's advice for your specific situation.