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

Item	Details
Official name	Form I-589, Application for Asylum and for Withholding of Removal
Where it is filed	Affirmative filings: USCIS (interviewed and decided by an asylum office); defensive filings: EOIR immigration court (decided by an immigration judge)
Who files	The 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 file	Asylum 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 filing	USCIS 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 forms	I-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 page	uscis.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:

Item	Asylum (INA 208)	Withholding of removal (INA 241(b)(3))	Convention Against Torture (CAT)
Standard of proof	A "reasonable possibility" of persecution, i.e., a "well-founded fear"	Persecution is "more likely than not," a clearly higher standard	Torture 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 opinion	Likewise must be on account of one of the five grounds	No; but the torture must be inflicted, instigated, consented to or acquiesced in by a government official
1-year deadline	Applies (with exceptions)	Does not apply	Does not apply
Discretionary?	Yes; it may be denied in the exercise of discretion even if you are eligible	No; it must be granted if you qualify	No
Who decides	USCIS or the immigration court	Usually granted by an immigration judge	Usually granted by an immigration judge
Can a spouse and children be included?	Yes	No	No
Path to a green card?	May apply one year after approval	No	No
Main effect	Asylee status; may work and apply for a travel document	Cannot be removed to that country, but may be removed to a third country; may apply for a work permit	Cannot 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)

Who: People who are in the United States and are not in removal proceedings in immigration court. You may file whether or not you currently have lawful status (for example, F-1, H-1B, B-2, or expired status), but your status affects what happens next (see below).
Process: After filing you receive a receipt, attend an Application Support Center for fingerprints, and then an asylum office schedules an interview, where an asylum officer decides the case.
Outcome: If approved, you receive asylee status. If not approved: if you held valid status at the time, USCIS generally issues a denial notice and you keep your existing status; if you have no lawful status, the case is usually referred to immigration court with a Notice to Appear (NTA), and an immigration judge hears the case anew. In other words, a person without lawful status who files an affirmative application may in effect place themselves into removal proceedings, and this risk must be assessed before filing.

Defensive applications (filed in immigration court)

Who: People who have received a Notice to Appear and are in removal proceedings, who raise asylum, withholding of removal and CAT as defenses to removal.
Process: File the I-589 with the court by the deadline set by the immigration judge and serve a copy on the Department of Homeland Security (DHS) attorneys (the ICE Office of the Principal Legal Advisor, OPLA); complete biometrics under the DHS pre-filing instructions; then testify and be cross-examined at an individual hearing, after which the immigration judge decides.
Appeals: If you disagree with the immigration judge's decision, you can generally appeal to the Board of Immigration Appeals (BIA) within the deadline, and may then seek judicial review in a federal circuit court of appeals.

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:

Race;
Religion;
Nationality, including ethnicity;
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;
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":

Changed circumstances: changes that materially affect eligibility, such as changes in conditions or laws in the home country, changes in your own religious beliefs or political activities, or the end of a family relationship through which you were previously a derivative applicant (for example, divorce, or a child turning 21);
Extraordinary circumstances: circumstances directly related to the late filing, such as serious illness or mental disability, being an unaccompanied minor during the period, ineffective assistance of counsel, or maintaining TPS, lawful immigrant or nonimmigrant status, or parole throughout the 1-year period and filing within a reasonable period after that status ended.

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

Having participated in the persecution of others;
Having been convicted by a final judgment in the United States of a "particularly serious crime" and constituting a danger to the community (an aggravated felony is always treated as a particularly serious crime);
Serious reasons to believe you committed a serious nonpolitical crime outside the United States before arriving;
Reasonable grounds to regard you as a danger to U.S. security, or terrorism-related inadmissibility or deportability grounds;
Having been firmly resettled in a third country before arriving in the United States;
Being removable to a third country under a safe third country agreement or similar agreement, or having previously been denied asylum (these two limit whether you may apply at all, and both have exceptions);
Other limits imposed by statute, regulation or presidential proclamation. Restrictions on border arrivals and third-country agreements have changed several times in recent years amid litigation; check current official rules and verify before filing.

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

Spouse and children in the United States: the principal applicant can list a spouse and unmarried children under 21 on the I-589 as derivative applicants, and they receive asylee status when the principal is granted asylum. Prepare the photos, form copies and proof of relationship required for each derivative under the form instructions.
Children's ages: under the Child Status Protection Act (CSPA), a child who was under 21 when the principal applicant filed the I-589 can generally remain a derivative after turning 21, provided the child stays unmarried.
Spouse and children abroad: after approval, you can request "follow-to-join" benefits through I-730, which must be filed within 2 years of approval.
Asylum only: withholding of removal and CAT protection cannot include family members, who need their own independent basis. If a family member has their own independent persecution claim, consider having each person file their own I-589, so they do not all lose protection if the principal is denied.
The marriage must have existed when the principal was granted asylum; a spouse married after approval cannot be an asylum derivative and generally must wait until the principal has a green card and then be petitioned for through I-130.

Tips for completing the form

Part A.I (information about you): name, date of birth, all names used, entry record (I-94), and date and status of entry must match your passport, visa and entry records. The date of your last arrival directly determines the 1-year deadline, so check it carefully.
Part A.II (spouse and children): list every spouse and child truthfully, whether or not they are in the United States and whether or not they are included as derivatives. Omitting family members affects credibility and may also affect a later I-730.
Part A.III (background information): past addresses, education, employment, and information about your parents and siblings. Compare it with what you wrote in visa applications (such as the DS-160), and be able to explain any inconsistencies.
Part B (basis of your claim): this is the core. Explain which protected ground or grounds apply, what happened in the past (when, where, who harmed you, and what harm you suffered), why you fear returning, why you cannot live safely elsewhere in your country, and whether the government was involved or unable to protect you. A detailed personal declaration is usually attached. The declaration should be specific, chronological and consistent with the evidence; do not exaggerate and do not use a template.
Part C (additional information): whether you previously applied for asylum in another country, whether you stayed in or obtained status in a third country, whether you ever harmed others, whether you are filing more than 1 year after arrival (and if so, which exception applies), whether you have a criminal record, and so on. These questions correspond to the statutory bars and must be answered truthfully.
Part D and the following parts (signatures and declarations): the applicant's signature and declarations by anyone who helped prepare the form; some parts must be confirmed and signed in person at the interview or hearing. The form must be completed in English; by signing, the applicant confirms they understand the contents and swears they are true. The signature section contains a warning about the consequences of a "frivolous application"; read it carefully.
Your testimony at the interview or hearing must be consistent with the form. One of the most common reasons asylum officers and immigration judges deny cases is inconsistency among the form, the declaration, the evidence and oral testimony. If you need to add or correct something, raise it yourself at the interview or hearing, or submit amendments as the rules provide.

Evidence and documents to prepare

Identity documents such as your passport, visa page, I-94 entry record and birth certificate;
A detailed personal declaration, and written statements from witnesses (such as family members, colleagues or members of your church);
Evidence of the persecution you experienced: medical records, police or government documents, summonses, detention or punishment records, photos, communication records, and so on;
Evidence of your religious beliefs, political activities or membership in a particular group, such as a letter confirming church membership or records of participation in activities;
Country conditions materials: U.S. Department of State country reports on human rights practices, reports from UN agencies and credible non-governmental organizations, news reports, and so on;
Marriage certificate and children's birth certificates (for derivative applicants);
If you are filing more than 1 year after arrival, evidence that an exception applies (such as records of maintaining lawful status, or medical records);
All foreign-language documents must include a complete English translation and the translator's certification of competence; see Translation and notarization requirements for immigration documents.

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

Affirmative applications: file online or by mail to the designated address, following the current instructions on the USCIS form page.
Defensive applications: file with the immigration court by the immigration judge's deadline, serve a copy on the DHS attorneys, and complete biometrics under the DHS pre-filing instructions.
New fees enacted in 2025: the "H.R. 1" law signed in July 2025 (Public Law 119-21) set statutory fees for asylum applications for the first time, including an asylum application fee when the I-589 is filed and an annual asylum fee payable each year once the application has been pending for more than one year; it also added a fee for asylum applicants' work permits. The law provides that these fees cannot be waived, and the amounts may be adjusted for inflation.
Enforcement rules for the annual asylum fee are still evolving: in 2026 DHS issued an interim final rule providing that if the annual asylum fee is not paid by the deadline after a payment notice is received, USCIS may reject the pending I-589, and a work permit based on that application will also be affected; EOIR also issued an immigration court fee rule in 2026. These rules may still be adjusted by later rulemaking or litigation; check the amounts, payment methods and consequences currently published by USCIS and EOIR. Do not ignore a payment notice once you receive one.

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):

The asylum application must have been pending for 150 days before you can apply for a work permit through I-765 (category (c)(8));
The work permit can be approved only after the "asylum EAD clock" has accumulated 180 days;
Delays caused by the applicant (for example, asking to reschedule an interview or failing to appear in court) stop the clock;
Once asylum is granted, you may work based on asylee status and no longer need a (c)(8) work permit.

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

Receipt: keep the receipt notice; it proves the application is pending and is the starting point for the work permit waiting period.
Biometrics: attend for fingerprints and photos as notified, for background checks.
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.
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).
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.

Do not use a templated "story" written by someone else, and do not buy or forge supporting documents;
Do not sign a form someone else filled in for you without understanding its contents; your signature means you confirm the contents are true;
Be wary of agents who claim you can "file for asylum to get a work permit and worry about the rest in a few years." Beyond the permanent bar, this may also expose you to criminal liability;
If an application you previously filed contains false statements, have an attorney assess your options for remedying it as soon as possible; do not continue testifying to cover it up.

Options after a denial

Affirmative application not approved, no lawful status: the case is referred to immigration court, where you can raise asylum, withholding of removal and CAT again, and an immigration judge hears the case anew.
Affirmative application not approved, with lawful status: you keep your existing status and the application is denied; if circumstances later change, you can assess whether to apply again.
Denial by an immigration judge: you can appeal to the BIA within the deadline; if the BIA dismisses the appeal, you can seek judicial review in a federal circuit court of appeals within the deadline. The deadlines are short, and missing one is difficult to remedy.
Motions to reopen or reconsider: in situations such as materially changed conditions in your home country, you may be able to move to reopen your case, subject to strict conditions and deadlines.
USCIS asylum decisions generally cannot be appealed or challenged by motion through I-290B; relief is mainly pursued in immigration court.

How it differs from similar forms

Form	Purpose	Relationship to I-589
I-589	Apply for asylum, withholding of removal and CAT protection from within the United States	—
I-730	An asylee (or refugee) petitions for a spouse and unmarried minor children to follow to join	Can 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 Program	The I-589 is only for people in the United States or at a port of entry
I-821	Temporary Protected Status (TPS), based on the designation of the home country	No need to prove individual persecution; maintaining TPS can qualify as an "extraordinary circumstances" exception to the 1-year deadline
EOIR-42B	Cancellation of removal for non-permanent residents in immigration court	A 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.