Form I-589 Guide

USCIS evaluates whether you are a refugee unable or unwilling to return to your country due to persecution. They also check if you have provided sufficient evidence to support your claims. A common mismatch occurs when applicants fail to explain why primary evidence is unavailable, leading to potential delays or denials.

• Gather affidavits from witnesses to support your claims.
• Collect medical and psychological records if applicable.
• Include newspaper articles or reports relevant to your situation.
• Prepare personal statements detailing your experiences.
• Use Form I-589 Supplement B to explain any missing primary evidence.
• Ensure all evidence is organized and clearly labeled.

• Failure to provide required biometrics.
• Missing explanations for late filings.
• Inadequate evidence supporting claims.
• Failure to explain why primary evidence is unavailable.

• You must be physically present in the U.S.
• You cannot be a U.S. citizen.
• You must establish a well-founded fear of persecution.
• Include spouse and children in the application if applicable.
• Provide biometrics as required.
• Submit secondary evidence if primary documents are unavailable.
• File the application with the appropriate immigration court if in proceedings.

• Paperwork Reduction Act

  This section outlines the requirements for documentation and evidence needed for your application.

• DHS/DOJ

  This section provides information on the relevant departments involved in processing your application.

• Travel Document Number

  Include your travel document number if applicable to your case.

• Torture Convention

  This section discusses the criteria for protection under the Convention Against Torture.

• Zip Code

  Provide your current zip code as part of your application.

• Affidavits must:
  • Form I-589 Instructions 01/20/25
  • What Is the Purpose of This Form?
  • I. Who May Apply and Filing Deadlines
  • II. Basis of Eligibility
  • A. Asylum
  • B. Withholding of Removal
  • VII. Additional Evidence That You Must Submit
  • IX. Biometrics, Including Fingerprints and Photographs
  • XII. Where to File?
  • Supplements to Form I-589
  • Penalties
  • Withholding of Removal Under the Convention Against Torture
  • III. Confidentiality
  • IV. Right to Counsel
  • V. Obtaining and Completing the Form
  • Part D. Your Signature
  • Penalty for Perjury

• Evidence of identity (passport, government ID, or USCIS-issued document).
• Evidence of current immigration status or admission/parole.
• Evidence that supports the eligibility category selected.
• Evidence of any required family relationship or sponsorship.

• Failing to sign the application or declarations.
• Not including all family members in the application.
• Submitting incomplete or missing evidence.
• Not providing explanations for missing primary documents.
• Missing the deadline for filing the application.
• Not informing USCIS of address changes.

• Situation: An applicant is preparing I-589 and must include all required evidence. Task: They submit a complete packet within a 30-day preparation window. Action: They compile identity records, eligibility evidence, and the filing fee before submitting. Result: The petition is accepted without a request for missing items.
• Situation: A filer is close to a deadline for I-589. Task: They submit within the required 90-day timeline. Action: They finalize the packet and file within the stated window. Result: The case proceeds without a late-filing issue.
• Situation: A petitioner must reference a receipt number. Task: They match the receipt number to the underlying petition. Action: They include the exact receipt number on I-589 and attach the notice copy. Result: USCIS can verify the underlying filing quickly.

• You must submit primary evidence; secondary evidence is only for when primary evidence is unavailable.
• All family members must be included in the application, regardless of age or status.
• Simply filing the application does not guarantee employment authorization.
• You can only file your application within one year of arrival; exceptions are very limited.
• If you miss your biometrics appointment, your application will automatically be dismissed.

This guide is based on the official instructions for the I-589 form, ensuring you have the most current and accurate information. It provides non-legal advice to help you navigate the application process effectively.

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