Form I-589 for Asylum, Explained

What is Form I-589 for Asylum?

Form I-589 is the application form for asylum, which is a status granted to people who have fled their home countries due to persecution or fear of persecution based on their race, religion, nationality, membership in a particular social group, or political opinion.

This protection allows you to stay in the U.S. permanently, and even apply for a green card.

What are the benefits of seeking asylum in the U.S.?

Seeking asylum in the U.S. can have many benefits for individuals fleeing persecution. Let’s take a look at some of them:

1. Permanent residency: Asylum status gives you the opportunity to live in the U.S. permanently and be safe from persecution
2. Work opportunities: You can work in the U.S. when you have asylum status
3. Family benefits: Your close family can join you with asylum status in the U.S.
4. Work authorization: You can apply for work authorization while waiting for a decision on your asylum case
5. Path to green card: You can apply for a U.S. green card after having asylum for 1 year

Given these benefits, applying for asylum in the U.S. can be a crucial lifeline if you’re facing persecution in your home country. It’s worth noting that in recent years, there has been a huge jump in the number of I-589 applications, and hundreds of thousands of people are applying each year.

If, after reading this guide, you find that filing under I-589 isn’t the best fit for your situation, keep in mind that there could be alternative options.

Who qualifies for asylum in the United States?

Asylum is a special status granted to individuals already in the U.S. who genuinely fear persecution if they were to return to their home country.

Now, here’s the good news – once Form I-589 is approved, you get permanent status, which means you can stay in the U.S. for good.

You might have asylum eligibility under I-589 if you:

1. You genuinely fear persecution in your home country,
2. You’re physically in the U.S.,
3. Your arrival in the U.S. was within the last year (unless something unexpected happened),
4. Staying safely in another country isn’t a viable option, and
5. You haven’t committed specific crimes and aren’t deemed a threat to U.S. safety.

What is the difference between refugee and asylum seeker?A refugee applies for protection from outside of the U.S., and an applicant for “Asylum” applies from within the U.S.

Asylum is for people who have faced persecution because of their:

• Race
• Religion
• Nationality
• Membership in a particular social grooup
• Political option

Now, some of these categories are pretty straightforward. For instance, if your government targets people of your religion and has made threats against you based on your membership, you might be eligible to file Form I-589.

However, there are some aspects of asylum that can be a tad more intricate. Before we explore a few of these categories further, let’s define what “persecution” is in regards to asylum.

What is “persecution”?

Persecution in the context of seeking asylum in the U.S. is not limited to physical harm – it can encompass a wide range of actions that significantly harm an individual. This includes psychological harm and taking away fundamental needs such as freedom, food, housing, employment, or other essentials of life.

To qualify for asylum from persecution, the persecution needs to be done by the government, or people or entities that the government can’t control in your home country. Also, the harm should be relatively serious and not just mild or passing.

💡 Manifest Tip: It is possible to be granted asylum in the US based on past persecution alone. If you can show that you were harmed before, it creates a presumption that you would fear persecution in the future.

What is the “nexus” requirement?

In order to file Form I-589, you have to show that the harm you face is because of one of the specific reasons: race, religion, nationality, being part of a particular social group, or political opinion.

This connection, often called the “nexus requirement,” is very important to get asylum in the U.S.

What is the I-589 petition used for? Form I-589 is used to apply for asylum in the U.S., but also for withholding your removal. Over 239,000 applications for asylum were submitted in 2022 alone.

What is asylum based on a political opinion?

You could be eligible for asylum in the U.S. if you fear harm in your home country because of your political opinion.

An opinion is “political” if it’s a detailed expression of your ideals or beliefs. This could be what you actually think, or what others think you believe (“imputed” opinion). The idea of a political opinion is broad and not just about following a specific political ideology or political party. It can be about bigger ideas or your stances on particular political issues.

To apply for I-589 based on political opinion, you’d need to show that you genuinely hold a political view and have a legitimate fear of persecution. And it’s not just about being afraid – you’ve got to prove that the threat is tied to your political beliefs. Plus, you should demonstrate that your home country’s government or other groups can’t or won’t protect you.

What is asylum based on membership in a particular social group?

You may qualify for asylum in the US if you fear harm in your home country due to your affiliation with a particular social group.

When we talk about “Membership in a Social Group,” we’re delving into one of the broader grounds for seeking asylum in the U.S. This could include belong to one of the following groups:

• Ethnic or Tribal groups
• Occupational groups
• Relatives of certain group members
• Gender (in specific contexts)
• Sexual orientation
• Social classes
• Or any other group displaying characteristics of a “particular social group.”

Now, what makes a group a “particular social group”? Well, its members typically:

• Share a common unchangeable characteristic
• Are socially distinct within the society, even if their affiliation isn’t immediately visible or is concealed
• Have clear boundaries that define who is part of the group

In simpler terms, it usually involves individuals with similar backgrounds, social status, lineage, experiences, or habits. This shared characteristic could be something inherent (like gender, color, tribe, ancestry, or family ties) or a shared past experience (such as past property ownership, widowhood, or previous association with a gang or military conscription).

Keep in mind that USCIS doesn’t explicitly define every “particular social group,” as these cases are often decided on an individual basis.

What is a membership in a group? Membership doesn’t need to be formal or officially recognized – it just has to be distinguishable (aka clear).

Good asylum case

A man from the Congo was severely beaten by the police during a peaceful street demonstration of the presidential election results. They later left threatening letters at his house for him and his family. He may have a claim for asylum due to persecution for his political beliefs.

A woman who is part of a minority religion in Indonesia faces constant harassment, and was unjustly imprisoned for public display of her religion. Her church had its license suspended by the government and officials have been asking questions about her and her family to her neighbors. She may qualify for asylum based on religious persecution.

Bad asylum case

A man from India lives in a poor village and struggles to feed his family. He is not singled out for any particular reason, as everyone there also struggles economically. He would likely not be able to qualify for Asylum since he is not facing persecution based on one of the specific grounds.

A woman in Chile is being stalked by someone who leaves threatening notes. The police are looking for him, but have not been able to find him yet. Though she may be the victim of a crime, she may not be eligible for Asylum in the US due to persecution based on one of the specific grounds.

How to file Form I-589

The U.S. asylum process involves submitting forms, such as Form I-589 , and documents to USCIS to confirm that you fear persecution in your home country.

Quick look:

STEP 1: Arrive in the U.S.

STEP 2: Apply for asylum within 1 year (File an I-589 petition with USCIS)

STEP 3: Complete fingerprinting and background/security checks (once you get an appointment notice)

STEP 4: Receive an asylum interview notice

STEP 5: Attend the interview

STEP 6: Asylum officer makes a decision

Step 1: Arrive in the U.S.

To apply for asylum, you must be physically present (or in the process of entering) in the U.S. For instance, you could be entering the U.S. on another visa type, and then file your I-589 petition.

💡 Manifest Tip: Some people can also apply for Asylum at the border when they enter the U.S.

Step 2: File I-589 within 1 year

Generally, you’re supposed to file your i589 Asylum Application within a year. However, there are some exceptions if you do miss the filing deadline.

For example, maybe something changed with your personal situation related to your asylum claim, or maybe the situation changed in your home country, like a new political party came into power.

Or, you faced a situation that falls under the “extraordinary circumstances” category. This would be instances like serious illnesses, disabilities, family deaths, abuse, crime victimization, bad advice by an attorney, language barriers, or other factors that might be beyond your control.

💡 Manifest Tip: While there is no specific timeframe, it’s recommended you file your i589 Asylum Application as soon as possible.

You can find instructions on how to file Form i589 on the USCIS website here. Once you’ve filed the i589 form, you’ll get a receipt with a number to track your case.

Step 3: Complete fingerprinting, background and security checks

The next step in the asylum process is providing your fingerprints and other biometrics information for security and background checks.

You’ll get an appointment notice in the mail letting you know when you need to do this, and process this at a local USCIS facility.

Step 4: Receive an interview notice

USCIS will send you an asylum interview appointment notice in the mail, letting you know the time, date, and place of your asylum interview.

💡 Manifest Tip: Keep your address up-to-date with USCIS to make sure you don’t miss this notice! If you miss your interview, it could cause serious problems and delays.

Step 5: Attend the interview

It’s time for your asylum interview! Here what to expect – the officer will have you tell your story and gather additional information needed to process your I-589 asylum application. You should be sure to explain all of the details about how you qualify for asylum in the U.S.

Step 6: Decision making

After your interview, the officer will review your i589 form and asylum case and will reach out if they need any further documentation or information.

If they approve your case, you will receive a notice confirming the approval and instructions for the next steps!

What happens if they don’t approve Form I-589?

Now, this hinges on whether you’ve got a valid visa status in the U.S. at that moment.

If your i589 application is not approved by the asylum officer, and you don’t have another valid visa status in the U.S., they will move your case to immigration court, where you’ll be able to present your case to an immigration judge.

Unfortunately, the process of getting through immigration court can be very long due to a backlog of cases.

If you have a valid status (or parole), your i589 form will simply be denied.

Processing times for Form I-589

With so many people applying for asylum in the US, the I-589 processing time can vary significantly.

A decision should be made on your I-589 asylum application within 180 days, unless there are exceptional circumstances (or if you’re in Immigration Court).

As for the timing of the asylum interview, that depends on when you submitted your I-589 petition and how fast they are reviewing applications at the government office.

What is the waiting time for Form i589?

At the end of 2023, there were over 1 million I-589 form applications pending with USCIS, so wait time can easily be over 2-3 years right now.

As a reference, median processing times have exceeded a year for all applications filed since 2013 and have exceeded two years for applications filed since 2015. For cases filed 2018-2019, median processing times were 814 days and 995 days.

Which asylum office is faster in USA?

Currently, the San Francisco, California office has the fastest processing time (~ 1 year) with the Austin, Texas office (1.5-2 years) following it. That said, it’s important to remember that it could easily take much longer given the 1,000,000 Form I-589 backlog.

💡 Manifest Tip: While you are waiting for a decision on your asylum application, you can apply for a work permit (EAD) after six months.

How many asylum cases are filed and approved every year?

• Affirmative asylum case filings with USCIS nearly quadrupled from 63,074 applications in 2021 to 238,841 in 2022, the highest number on record.
• The total number of persons granted asylum in the United States more than doubled from 16,628 in 2021 to 36,615 in 2022.

Grants of Affirmative Asylum by Basis of Claim: Fiscal Year 2022

Basis of claim	Number of approvals	Percent
Total	8,901	100%
Political Opinion	4,564	51.3%
Particular Social Group	2,360	26.5%
Religion	1,175	13.2%
Race	364	4.1%
Multiple Bases	224	2.5%
Coercive Family Planning	122	1.4%
Nationality	85	1.0%
Unknown	7	0.1%

Total Individuals Granted Asylum by Country of Nationality

(Ranked by 2022 country of nationality)

Country of nationallty	Number	Percent
Total	36,615	100.0%
China, People’s Republic	4,589	12.5%
Venezuela	3,691	10.1%
El Salvador	2,639	7.2%
Guatemala	2,329	6.4%
India	2,203	6.0%
Honduras	1,829	5.0%
Afghanistan	1,493	4.1%
Turkey	1,228	3.4%
Russia	1,158	3.2%
Mexico	975	2.7%
All other countries	14,481	39.5%

The three leading countries of nationality of people granted asylum in 2020, 2021, and 2022 were China (13% in 2022), Venezuela (10%), and El Salvador (7.2%) Nationals of these three countries accounted for 30 percent of all persons granted asylum in 2022, similar to 2021 (31%).

From Asylum to Green Card

After spending at least one year in the U.S. after your I-589 approval, you can take a big step and apply for a Green Card, which gives permanent residency in the U.S.

This process usually takes around 1 to 2 years for a decision. But it’s important to keep in mind that once you’ve held onto the Green Card for 5 years, you could be eligible for U.S. citizenship!

How much does it cost to apply for asylum?

There are a few fees involved with an asylum application, including:

1. Asylum lawyer cost
2. Government fees and other costs

Asylum lawyer cost

The cost of hiring an asylum lawyer can vary depending on which lawyer you choose. For a more personalized approach, we recommend a smaller firm that specializes in asylum cases.

Here at Manifest Law, our cost to hire an asylum lawyer to help you file Form I-589 starts at $8,000, with payment plans that span over six months.

Form I-589 fees

According to USCIS, there are no U.S. government filing fees for the I-589 form!

However, there may be some other fees involved for translations, photos, postage, and other administrative costs.

Find an Asylum Lawyer

Applying for asylum in the U.S. can be a complex and challenging journey. An experienced asylum lawyer not only offers legal expertise but also provides essential support during this stressful time. They can guide you through the process, help you gather the necessary documents, and ensure your I-589 petition is completed accurately and thoroughly.

At Manifest Law, we aim to make this process smoother for you. We offer flexible payment plans spanning up to 6 months, a visa-approved or money-back guarantee (terms apply), and top asylum lawyers with lots of experience handling I-589 asylum applications in the U.S.

We’re here to support you every step of the way.